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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,

  1. The suggestion as to a matter of fact of that which is not true by one who does not believe it to be true.
  2. The active concealment of a fact by one having knowledge or belief of the fact.
  3. A promise made without an intention of performing it.
  4. Any other act fitted to deceive.
  5. 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:

  1. Knowingly
  2. Without belief of its truth
  3. Recklessly (whether it be true or false).