Representation, by public bodies, associations or individuals ventilating individual grievances are considered by Petitions Committee of Lok Sabha. Representations in the form of letters, telegrams, copies of resolutions are treated as representation and considered by the Petitions Committee, representations relating to the proceedings in the House or conduct of member are also considered by Petitions Committee Practice and Procedures of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964.
Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235.
Representation, means a statement regarding a fact, A Dictionary of Law, Willium C. Anderson, 1889, p. 882.
Representation, standing in the place of another for certain purposes, as heirs, executors, or administrators. See EXECUTOR; ADMINISTRATOR; PERSONAL REPRESENTATIVE; REAL REPRESENTATIVE.
A presentation of fact-either by words or by conduct -- made to induce some one to act esp. to enter into a contract, Black's Law Dictionary, 7th Edn., p. 1303.
Any indication by words, letters, signs or conduct by one person to another of the existence of a fact. A representation of simple commendation or expectation at or before a contract of which the other party can or should form his own opinion is not as a rule actionable; 'an innocent misrepresentation gives no ground for damages,' but this involves the question whether the misrepresentation is innocent. If made at the time of sale of personal chattels, 'it is a warranty' (or collateral contract), 'provided it appears to have been so intended', Pasley v. Freeman (1789) 3 TR 634, and in that case, being a collateral contract, it may be proved by parol or extrinsic evidence, even if the contract to which it is collateral must be in writing under the Statute of Frauds or otherwise, if the principal or written contract is wholly silent on the subject, De Lassalle v. Guildford, (1901) 2 KB 235 (warranty that drains were in order before taking a lease), and Heilbut, Symons & Co. v. Buckleton, (1913) AC 30.
In equity, on principles which are now applicable in all courts, see Judic. Act, 1925, ss. 36 et seq., even though a representation might not amount to fraud, or a warranty, its untruth might be a ground for resisting specific performance, Redgrave v.
Hurd, 20 Ch D 1, or for rescinding the contract, Newbigging v. Adam 34 Ch D 582; and see Russell and Brown's Contract, 1934 Ch 34. (underlease described as a lease), and see Sale of Goods Act, 1893 (56 & 57 Vict. c. 71), s. 11, as to conditions and warranties.
A collateral statements, in insurance, either by parol or in writing, of such facts or circumstances relat-ing to the proposed adventure, and not inserted in the policy, as are necessary for the information of the insurer to enable him to form a just estimate of the risk. Such representations are often the principal inducement to the contract, and afford the best ground upon which the premium can be calculated. Consult Arnould on Marine Insurance.
The statement as to another's character, etc., within the meaning of s. 6 of the Statute of Frauds Amendment Act, 1828 (9 Geo. 4, c. 14), which enacts that:-
No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
A signature by an agent is not sufficient, so that a bank is not liable on the signature of the manager of one of its branches, see Swift v. Jewsbury, (1874) LR 9 QB 301--where the manager was held personally liable; Hirst v. West Riding Banking Co., (1901) 2 KB 560. See DECEIT; CONDITION; WARRANTY and CONTRACT OF SALE OF LAND.
The detenu's representation asking for copies of documents must be held to have amounted to a representation, Kabic Darusz v. Union of India, (1990) 1 SCC 568: AIR 1990 SC 605 (613). [Constitution of India, Art. 22(5)]