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silence to amount to fraud.

Advocate Orissa High Court Cuttack.

When does mere silence amount of "fraud"?

 
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Dear gopal ji ! how can it be easily answered in few words without fact situation !

 
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Lawyer

Sir g, pls elaborate certain facts.

 

ur query is a bit too large to answer.

 
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Advocate

Act and omission amounts to an offence. If the silence is an intentional omission it will amount to an offence. However your doubt is whether it amounts to fraud. What you mean by the word fraud? Is it Forgery u/s 463 IPC. If it is u/s 453 then a mere intentional omission to doa na ct will be attracted on the facts of each case. You may kindly go through the section 463 IPC

 
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DEAR FRIEND,

 

UR QUESTION IS VERY EASY AND THE ANSWER IS NOT TOO LARGE ACCORDING TO ME.

 

MERE SILENCE AMOUNTS TO FRAUN WHERE THERE IS:

 

1. LEGAL RESPONSIBILITY TO DISCLOSE A FACT AND THE PARTY DOES NOT DISCLOSEIT.

2. WHERE THE RELATION BETWEEN PARTIES ARE SUCH THAT PROVIDES FOR NO SUSPICION LIKE FIANCE AND FIANCEE, TEACHER AND STUDENT ETC.

 

THIS REPLY IS ACCORDING TO INDIAN CONTRACT ACT, 1872..

 

REGARDS,

TARANG KATHRANI


Total likes : 1 times

 
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Chartered accountant

Dear Friend,

                          Sec 17 of the contract act may be referred to know more about what amounts to Fraud. Silence may , of course, lead to the commitment of fraud where there is a positive duty on the part of the person to speak but keeps silence. Please elaborate a little bit. Is it under tort or contract? Anyway the discussion really gives food for thoughts. Thanks.

                                  SIVADAS CHETTUR


Total likes : 1 times

 
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article assistants

Originally posted by :Member (Account Deleted)
" DEAR FRIEND,
 
UR QUESTION IS VERY EASY AND THE ANSWER IS NOT TOO LARGE ACCORDING TO ME.
 
MERE SILENCE AMOUNTS TO FRAUN WHERE THERE IS:
 
1. LEGAL RESPONSIBILITY TO DISCLOSE A FACT AND THE PARTY DOES NOT DISCLOSEIT.
2. WHERE THE RELATION BETWEEN PARTIES ARE SUCH THAT PROVIDES FOR NO SUSPICION LIKE FIANCE AND FIANCEE, TEACHER AND STUDENT ETC.
 
THIS REPLY IS ACCORDING TO INDIAN CONTRACT ACT, 1872..
 
REGARDS,
TARANG KATHRANI
"

 tarang sir is right

 
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student

agree with payal

 
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