Court : Gujarat
Reported in : AIR1970Guj59; (1970)0GLR330
..... the duress.'it appears that the ratio laid down by the learned extra assistant judge is quite correct.16. section 15 of the indian contract act defines 'coercion' as under:-' 'coercion' is the committing or threatening to commit, any act forbidden by the indian penal code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the ..... them under the threat given by them by the railway administration'). but the question is whether the threat given by them by the railway administration amounts to coercion under section 72 of the indian contract act? it has been contended by shri r. m. bhatt for the appellants that it was a proposal made to the plaintiffs in the normal course of ..... alternative. the main contention, however, was that the allegations in the plaint did not show 'coercion' according to indian law. it was contented that nothing could be 'coercion' under indian law unless it satisfied the definition of 'coercion' which is found in section 15 of the indian contract act and that the allegations in the plaint failed so to do because they did not show that ..... based on fundamental misunderstanding of the object and effect to section 15 of the indian contract act.' after referring to sections 11, 12, 13 and 14 to 18 of the contract act, the relevant observations made at page 612 are as under:-'it is clear, therefore, that this definition of 'coercion' is solely a definition which applies to the consideration whether there has been .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the ..... the principles of law enunciated in english, american and australian judgments have no relevance in indian legal system. the indian contract act, 1872 is not exhaustive. the, above-referred principles are also relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. these principles was broadly approved by our supreme court in a different context ..... in the case of central inland water transport's case and cannot be ignored in a case pertaining to bank guarantee as bank guarantee is also a contract governed by the same provisions. section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' ..... only a particular stipulation is vitiated. it all depends upon facts of each case. the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in english, american and australian legal system. whenever the duress results in .....Tag this Judgment!
Court : Delhi
Reported in : 2006(2)CTLJ159(Del); 2006(91)DRJ471
..... :15. 'coercion' defined.- 'coercion' is the committing, or threatening to commit, any act forbidden by the indian penal code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the ..... plea has been raised in the written statement. i do not find any pleadings in the written statement showing in what manner coercion was given effect to, if at all. coercion as defined under section 15 of the indian contract act 1872 and as generally understood in law is by threatening the victims person or his property. the statements made by the defendant during ..... 2 limbs. the first is whether there was coercion upon the defendant when his signatures were obtained on ex.pw-1/1 and the second limb is whether there was undue influence exercised by the plaintiff when defendant signed ex.pw-1/1.39. section 15 and 16 of the indian contract act 1872 define coercion and undue influence respectively. they read as under ..... language of section 16 of the indian contract act 1872 shows that existence of a subsisting relationship where one party is in a position to dominate over the will of the other has to be established before establishing that an unfair advantage has been obtained by a party. the common law principles relating to duress, undue influence, coercion etc. rest on the principle of .....Tag this Judgment!
Court : Kerala
Reported in : 2003(2)KLT536
..... document. moreover there is no case that any case would be registered against rossa unless she executes the document.11. under section 15 of the indian contract act coercion is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing ..... had committed an offence not to register a case and punish him and to agree for such an arrangement also is an illegality. illustration (h) to section 23 of the indian contract act reads as follows:'a promises b to drop a prosecution which he has instituted against b for robbery, and b promises to restore the value of the things taken. the ..... . the further question is whether ext.a-1 can be enforced between the first plaintiff and defendant and whether there is consideration for the same, section 2(d) of the indian contract act states as follows:'when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises ..... the original agreement must be parties to the subsequent agreement also. section 62 of the indian contract act only states that if the parties to a contract agree to substitute a new contract for it or to rescind or alter it, the original contract need not be performed. illustration (a) to section 62 of the contract act reads as follows:'(a) a owes money to b under a .....Tag this Judgment!
Court : Chennai
Reported in : AIR1927Mad255; (1927)52MLJ20
..... used by sir james hannen, should not be understood in the sense in which it is used in section 15 of the indian contract act. section 15, indian contract act, defines coercion as:the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of ..... causing any person to eater into an agreement.15. coercion as used in the english cases with regard to undue influence must be understood ..... not brought about by undue influence. there are quite a number of relationships which come within the rule laid down in section 16, clause (2) (a) and (b) of the indian contract act, such as that of attorney and client, doctor and patient, confessor and penitent, guru and sishya and others, too numerous to enumerate here. it is unnecessary in this connexion to ..... affected by reason of age, illness or mental or bodily distress.10. the case does not come within clause (a) or clause (b) of section 16 (2) of the indian contract act; for neither venkaji ammal nor the 1st defendant had any authority over subbier nor were they in fiduciary relationship with him and it is not proved that subbier's mental .....Tag this Judgment!
Court : Delhi
Reported in : AIR2001Delhi402; 92(2001)DLT67; 2001(59)DRJ270
..... but also forced to part with his entire belonging s for a paltry sum of rs. 90,000/-. 9. section 15 of the indian contract act defines 'coercion' as under:'coercion is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with intention of causing ..... clearly an act of coercion which would fall within the mischief of section 15 of the indian contract act. going by the events which were happening in the emergency days, it cannot be ruled out ..... which clearly proved the case of the plaintiff. thus the singing of possession letter was clearly illegal and have no consequence in view of provisions of section 15 of the indian contract act. the reliance was also placed on the judgment of the privy council in the case of barton v. armstrong & ors. (1975) 2 all elr 465. 3. since, according to the ..... any person to enter into an agreement.'10. a person is not bound by any act done by him under duress or coercion. the threat of detaining under misa was .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(2)ALD643; 2007(4)ALT409
..... judgment. there is nothing on record to show that either the deceased or the first defendant took such a plea. section 15 of the indian contract act, 1872, defines 'coercion' as:committing, or threatening to commit, any act forbidden by the indian penal code (xlv of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the ..... intention of causing any person to enter into an agreementso, it is clear that seeking attachment before judgment, does not fit into the definition of 'coercion'. since it is not ..... the case of defendants that plaintiff committed any of the acts mentioned in the above section, it cannot be said that ex. a1 was obtained by coercion.18. question of plaintiff exercising 'undue influence' either on the deceased or on the first ..... court after carefully considering the entire evidence on record negatived the contentions of the defendants and held that plaintiff is always ready and willing to perform his part of the contract, and as i find no grounds to differ with the conclusions reached by the trial court, i hold that the plaintiff is entitled to the relief of specific performance .....Tag this Judgment!
Court : Chennai
Reported in : (1906)16MLJ178
..... papamma row was coerced according to the definition of 'coercion' in the indian contract act, into making the adoption, the 'coercion' here being 'criminal intimidation' as defined in section 503 of the indian penal code.93. now the question arises whether this coercion voids the arrangement or only makes it voidable. no authority ..... is quoted to us showing that under the 'hindu law' an adoption made under coercion is ipso facto void, and under the law of contracts ..... question in dispute. the question in dispute is not one of foreign law and we are not aware of any provision of the indian evidence act or other law which renders such evidence admissible in a case like the present.112. we are of opinion that the adoption ..... the same day were his genuine signatures. this opinion is relevant and admissible as proof of the signatures under 47 of the indian evidence act since the witness from seeing pattahs and other papers signed by the testator in the ordinary course of his duty as karnam ..... of papamma row and it is more than 30 years old. it is therefore open to the court under section 90 of the indian evidence act to presume that it is genuine. there is however ample evidence on which to determine the genuineness of the will so that .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1953Bom408; (1953)55BOMLR452; ILR1953Bom773
..... by the mortgagor were neither onerous nor unconscionable. however, mr. patel has relied more particularly upon the general observations made in the judgment that in dealing with such pleas the indian courts were concerned with the provisions of the indian contract act as to coercion, undue influence, fraud, misrepresentation or mistake, or as to penalty as provided for in section 74 of the said ..... . act, 'mere vague grounds of equity, said the learned judges, ''will not justify a court in interfering with the terms of a contract'. even so, they added that the rules as to the clog ..... mortgage is the result of undue influence, coercion, misrepresentation or fraud, it may not bind the mortgagor and the terms of such a mortgage could be challenged by him. but if the terms of the mortgage are otherwise not inconsistent with any of the provisions of the contract act or the t. p. act, they must be enforced between the parties. the term as ..... in the mortgagor is the result of a statutory provision contained in section 60, t. p. act, and in dealing with the exercise of this right indian courts must confine themselves to the consideration of the said section. a mortgage under the t. p. act is the result of a contract between the mortgagor and the mortgagee and all the stipulations contained in this .....Tag this Judgment!
Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... with state under annexure-1 to the writ petition, no details of such alleged compelling circumstances nor coercion has been stated in the writ petition. in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is 'voidable' at the option of the applicant. accordingly, in the event the petitioner-sail (rmd) ..... it is further contended that since the use of water in mining operation was also covered by another central act namely, water (prevention & control of pollution cess) act, 1977 as well the petitioner claimed to have an indefeasible riparian legal right under indian easement act, 1882. it is also submitted that river karo from which water has been drawn by the petitioner company for ..... the petitioner to execute the agreement under the provisions of orissa irrigation, 1959 on 17.11.1991 (annexure-1) and to pay the illegal water charges even though the aforesaid act was not applicable for use of water from non-irrigation works like natural stream and river and subsequently, when opposite party no. 2 demanded larger amount by applying the new ..... its use is an inter-state river and the said river was covered by river board act, 1956 and the state was denuded of its legislative power.9. .....Tag this Judgment!