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A concept of English law that has been adopted in India, a misrepresentation is an untrue or misleading [1] statement of fact made during negotiations by one party to another, which then induces that other party into the contract.
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.
In India, Section 420 of the Indian Penal Code (before its repeal by introduction of the Bharatiya Nyaya Sanhita) dealt with Cheating and dishonestly inducing delivery of property. The maximum punishment was seven years imprisonment and a fine. [1] Section 420 is now Section 318 of the Bharatiya Nyaya Sanhita.
S. R. Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) is a landmark decision of the Supreme Court of India, [2] where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations.
The law makes conversion non-bailable with up to 10 years of jail time if undertaken unlawfully, that is if "done through misrepresentation, force, undue influence, coercion, allurement, fraudulent means" or solely for marriage. [5]
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 ...
Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the businesses of two traders. One recent example of its application by the United Kingdom Intellectual Property Office can be found in a Trade Mark Opposition Decision in ...