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Fraud means “intentional misrepresentation”.
Fraud is defined by Sec.17 as, “Fraud means and includes any of the following acts committed by a party to a contract or with his connivance or by his agent,
- The suggestion as to a matter of fact of that which is not true by one who does not believe it to be true.
- The active concealment of a fact by one having knowledge or belief of the fact.
- A promise made without an intention of performing it.
- Any other act fitted to deceive.
- Any such act or omission as the law specially declares to be fraudulent.”
In other word “fraud” exists if it is shown that a false representation has been made:
- Knowingly
- Without belief of its truth
- Recklessly (whether it be true or false).