AIR 1960 MADHYA PRADESH 323 ::ILR (1960) MP 265

Madhya Pradesh High Court

Hon'ble Judge(s): T. P. Naik, T. C. Shrivastava , JJ

(A) Tort - Deceit - Action on - Requirements. In order to sustain an action of deceit, there must be proof of fraud, and nothing short of that will suffice. Fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly careless whether it be true or false. This principle, applies to 'actual' fraud, a conscious misrepresentation as opposed to constructive fraud.(Para 6 7) (B) Tort - Deceit - Action on - Misrepresentation - "Suppressio veri suggestio falsi." A particular statement verbally accurate may be a false statement in effect as if the fact had been misstated altogether. If by a number of statements a person intentionally gives a false impression and induces a person to act upon it, it is not the less false although if one takes each statement by itself there may be a difficulty in showing that any specific statement is untrue. It is a case of suppressio veri suggestio falsi. Equally, a misrepresentation may be implied from a party's conduct; if one conducts himself in a particular way with the object of fraudulently inducing another to believe in the existence of a certain state of things contrary to the true fact and to act upon the b....