সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Fraud relating to Contract
Contract entered into through misrepresentations by defendant's officer in collusion with the plaintiff not enforceable in law. The defendant in the circumstances of the case is entitled to repudiate the contract on the ground of its being affected by fraud. (The plaintiff is however, entitled to take back his goods supplied to the defendant for the price of which he instituted the suit). Karnaphuli Paper Mills Ltd vsAmanullah, 23 DLR 150.
Sale of land-Seller hiding facts about title to property-Buyer May repudiate agreement. Ebrahim Salah Mayet vs Ghulam Hussain.297.
PLD 1960 Kar
Fraud-precise and specific details of fraud must be stated. 1937PC 146; 41 CWN 746; 39 (Bom) LR 963.
If a contract is obtained by fraud or cheating it is voidable at the instance of the party defrauded or cheated, but if the performance of the contract is obtained by fraud of cheating the contract cannot be avoided.46 B 489; 1922 Bom 303; 26 CWN 479.
It must be proved that representations were made which were false to the knowledge of the party making them or were such that the party making them could have no reasonable belief that they were true, that they were made for the purpose of being acted upon. 45A 624; 1924 A 17; 21 ALJ 571.
Making promise without any intention of keeping it is fraud. 51 CLJ 283; 1920 Cal 547.
But if he made same communication which, without the addition of certain other facts, would be necessarily misleading and he did soWhere there is an express intentionally, that would be "fraud" representation, or anything calculated to deceive or to cast suspicion upon a particular point, equal means of knowledge is immaterial. 1931 Mad603; 1930 MWN 973; 133 IC 372; IR 1931(Mad) 724.
Mere silence is not fraud. , 60 C 262; 1933 (Cal) 366 (cr)
But silence is fraud when there is duty to speak. 32 C 357; CLJ 23.
If one party commits error and the other party knowing it advantage of the error he acts fraudulently. 61 C 548; 38 CWN 908: 19Cal 778.
For other cases of fraud, see under the heading "Fraud"..
Fraud, effect of-Fraud renders transaction voidable and nor void. Where a contract was ab initio valid but subsequently the word "was added fraudulently in the text. It was held that the addition would not turn the same to be void or voidable. Such contract would remain enforceable in terms of its original conduction. PLD 1977 Lahore 1377.PLD 1985 Karachi 215.
False representation of facts-clause (1). To constitute fraud there must be an intention to deceive or to induce a person by misrepresentation or active concealment of an existing fact, to do or omit to do anything which he would not have done but for that inducement. It’s, therefore, necessary to prove that the act of omission was because of the inducement of account of the misrepresentation or concealment of fact and of not independent motives. There would be no cheating if the inducement had been subjected to scrutiny before the act or omission took place. PLD 1977 Lahore 1377.
Proof of fraud-Fraud involves firstly a finding in regard to facts.The burden of proof in such a case is on the party who alleges fraud. The Court have to be careful in coming to a finding of fraud and should normally satisfy themselves that the finding is based on reliable evidence.The Court or authority competent to reopen a case should therefore satisfy itself from the material before it that the necessary situation as discussed above prima facie prevails, before it decides to proceed with complaint for fraud. PLD 1977 Lahore 1377.
Misrepresentation-the principal difference between fraud and miss representation is that in the one case the person making the suggestion does not believe it to be true and in the other he believes it to be true.although in both the cases it is a mis-statement of fact misleading the opposite party. 53A 374; 129 IC 545; 1931 (All) 154; 1931 ALJ 153.
Misrepresentation regarding the model of the car by the seller-If contract can be rescinded after the car had been seen by the buyer. In case of fraud and misrepresentation etc vitiating the contract unless there is a waiver on the part of the party affected, the right of recession would not be lost- Eastern Automobile Ltd vs Tasadique Hussain, PLD 1959 (Lah) 681. DLR 1960 (2) (WP) 523.
Voidability of contract without free consent.
A stranger cannot impugn a registered document on the ground of misrepresentation, fraud or coercion. 36 B 47, 40 CLJ 67.
Where the misrepresentation or fraud is of such a nature that it could not have affected the consent of the party-the contract is voidable and cannot be set aside. 1921 MWN 340; 13 LW 525; 62 IC 764.
In the case of an active misrepresentation knowing the thing to be false as distinct from mere silence or concealment, it is not incumbent upon the party defrauded to establish that he had no means of discovering the truth, with ordinary diligence. The words "fraudulent within the meaning of section 17" used in exception to section 19 apply exclusively to "silence" and not to misrepresentation". Where a mortgage suit had abated and the mortgagee took a fresh mortgage without disclosing that the suit had abated, the non-disclosure did not amount to fraud. 53 AA 374; 1931 (All) 154.
Who may avoid contract-Agreement entered into by fraud is voidable contract at the option of a party whose consent was obtained by fraud. Party so defrauded can insist on performance of contract. PLD 1985 Karachi 481.
Laches-Person seeking to avoid contract on basis of fraudulent representation has to be prompt in seeking redress. If such person allows a long time to elapse, he disentitles himself from obtaining any relief. PLD 1985 Karachi 481.
Recession of Contract-Where defendant made plaintiff (his wife) to believe that she was executing a power of attorney but in fact he made her sign a sale-deed by practising fraud on her. It was held that section 19 was not applicable to the case and appellant was not bound to seek cancellation of alleged sale-deed prior to seeking protection of her possession in form of injunction against the defendant. PLD 1981 (SC) 165.
Plea in defence-A person whose consent has been brought about by fraud is entitled to resist the claim under the contract by pleading fraud even though he may not have himself sued to set aside the transaction, and is not precluded from urging the plea in defence by the lapse of time. PLD 1981 (SC) 165.
Unilateral (one-sided) mistake not amounting to fraud, legal or equitable, is not a ground for rectification. 1931 Mad 785.
When one party records an agreement erroneously the other party. if he knows at the time that there was an error, acts, fraudulently, and cannot be allowed to take advantage of it. 38 CWN 908; 61 C 548: 1934 Cal 778.
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