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In India, the federal laws defines misrepresentation under "Misconception Of Fact". This is dealt with under the Indian Penal Code in Section 90, which states: Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all. That is what is explained in the first part of Section 90.
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
The Indian Contract Act, 1872 [1] prescribes the law relating to contracts in India and is the key regulating Indian contract law. Then the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding.
Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), [1] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House ...
Shardul Shroff. Shardul S. Shroff is the executive chairman of the firm while Pallavi Shroff is the managing partner of the firm. Along with the Shroffs, the management board of the firm includes equity partners Gunjan Shah and Jatin Aneja, and M Damodaran (ex-Chairman SEBI) as an Independent Member and John Handoll, Senior Advisor - European and Competition Law, as an Advisor to the board.
Cyril Amarchand Mangaldas is a full service Indian law firm, with its headquarters in Mumbai, India. The firm came into existence on 11 May 2015 from its predecessor Amarchand & Mangaldas & Suresh A Shroff & Co. [1]
Misrepresentation Thomas Witter Ltd v TBP Industries [1996] 2 All ER 573 is an English contract law case, concerning misrepresentation . Doubt has been cast in its decision as to availability of rescission by Floods of Queensferry Ltd v Shand Construction Ltd [ 1 ] and Government of Zanzibar v British Aerospace (Lancaster House) Ltd .