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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: allahabad Page 1 of about 117 results (0.020 seconds)

Dec 31 1969 (HC)

Gobardhan Das Vs. Jai Kishen Das

Court : Allahabad

Reported in : (1900)ILR22NULL224(P.C.)

..... their signature.2. now as regards the first point, no question of coercion properly so-called arises in this case. coercion is defined in section 15 of the indian contract act. it is clear that coercion as thus defined implies a committing or threatening to commit some act which is contrary to law. no such act is alleged to have been committed or threatened in the present case ..... . therefore coercion may be put out of the question altogether. the question of undue ..... only ground, upon which the validity of the submission was questioned was that of coercion, or undue influence. it is clear that there was no coercion; and on the evidence it cannot be held that there was undue influence within the meaning of section 16 of the contract act. on this point i agree with the observations of the learned chief justice and have ..... influence requires further consideration. we must apply the definition of undue influence contained in section 16 of the contract act, as it stood before its amendment by section 2 of act no. vi of 1899. the only part of section 16 .....

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Oct 12 1999 (HC)

Oriental Bank of Commerce and Others Vs. S.M. Chopra

Court : Allahabad

Reported in : 2000(1)AWC594

..... of tendering of such resignation. if a resignation is tendered in the circumstances created by the defendant, or its officers and by show of force and coercion then such a resignation is voidable under the indian contract act. the plaintiff had opted to withdraw such a resignation letter. the plaintiff has categorically stated that soon after tendering of the resignation, he had sent letters ..... be raised at any stage and even at the time of the hearing of the second appeal.10. coercion is defined under section 15 of the indian contract act which reads as follows :'15. 'coercion' defined.--'coercion' is the committing, or the 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 ..... any person to enter into an agreement. explanation.--it is immaterial whether the indian penal code is or is not in-force in the place where the coercion is employed.' coercion as defined above under section 15 of the indian contract act thus means (a) committing or threatening to commit any act forbidden by the indian penal code or (b) the unlawful detaining or threatening to detain any .....

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Aug 06 1958 (HC)

J.K. Cotton Manufacturers Ltd., Kanpur Vs. J.N. Tewari and ors.

Court : Allahabad

Reported in : AIR1959All639

..... that the employer is in a strong bargaining position, it does not follow that a contract entered into by an employee is to be ignored. according to section 19 of the indian contract act, 'when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable ait the option of the party whose consent was so caused.' 19. now, ..... the fact that one party was in a strong bargaining position does not establish coercion, fraud or misrepresentation. so the contract could not be avoided on that ..... contradiction of standing orders. but i do not find any provision prohibiting written agreements. so. in spite of act xx of 1946 and standing orders framed under the act, it is open to an employer and an employee to enter into a special contract. 24. standing orders lay down general conditions of employment. a written agreement may contain special terms of service ..... while adjudicating an industrial dispute. if an industrial tribunal can disregard the ordinary law of contract, it is only by virtue of a power expressly conferred upon it by the industrial dis-pu'es act. it cannot exercise any powers not conferred upon it by the industrial disputes act. 27. in bharat bank ltd. v. employees of bharat bank ltd. : (1950)nullllj921sc .....

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May 20 2000 (HC)

Durga Prasad Tandon and Others Vs. Gaur Brahman Sabha, Nainital and Ot ...

Court : Allahabad

Reported in : 2000(4)AWC2848

..... it was obtained by playing fraud and exercise of coercion. such a compromise is voidable under the provisions of the indian contract act. the explanation to rule 3 as quoted above, declares that a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the ..... meaning of rule 3. if the provisions of rule 3a are read with explanation to rule 3, it would be abundantly clear that a compromise obtained by playing fraud or exercise of coercion is not a ..... of litigation, etc. another circumstance or material evidence relied upon by the lower appellate court was that even though there were allegations of coercion and it was alleged that the police had forced the defendants to enter into compromise on threat of being implicated in certain cases, yet ..... has also submitted that the trial court had not recorded the finding on the question whether the compromise was obtained by playing fraud and exercising coercion. the lower appellate court should have, therefore, remanded this matter to the trial court,4. having heard learned counsel for the appellants and ..... re-appraised the evidence and recorded a finding of fact that the compromise decree was not obtained by playing fraud or by exercise of undue coercion upon the plaintiffs. the lower appellate court also held that the suit was not maintainable. the lower appellate court consequently dismissed the appeal.3 .....

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Dec 01 1955 (HC)

State of Uttar Pradesh and ors. Vs. Kanhaiya Lal Makund Lal Sarraf

Court : Allahabad

Reported in : AIR1956All383; [1956]7STC579(All)

..... statute is refundable except when the payment may be considered as voluntary. 15. the indian doctrine is embodied in section 72, indian contract act - 'a person to whom money has been paid, or anything delivered by mistake or under coercion, must repay or return it.' the section does not make any distinction between a ..... advocate general relies has no application in india; it founds its claim on section 72, indian contract act which provides that a person to whom money has been paid' or any-thing delivered, by mistake or under coercion, must repay or return it.' to this the advocate general replies that the state government ..... section 21, indian contract act which provides that a contract is not voidable because it was caused by a mistake as to any law in force in british india. 17. in some cases the only point considered was whether the tax which was round to be invalid was paid under coercion or voluntarily and ..... is not a 'person' within the meaning of this section and that the mistake to which the section refers must be a mistake of fact. 4. the word 'person' is not defined in the indian contract act, ..... not apply to the case of claim against 'the state' as the 'state' is not a 'person' within the meaning of section 72, indian contract act. whether or not the ruling of the privy council is binding on this court after the commencement of the constitution. i am in respectful agreement with .....

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Jul 07 1925 (PC)

Nathu Lal Vs. Raghubir Singh and ors.

Court : Allahabad

Reported in : AIR1926All50

..... these words, therefore, must be read as adding grounds ejusdem generis with those specified previously. under section 19 of the indian contract act agreements which are made under fraud, undue influence, coercion or misrepresentation are only voidable and not absolutely void. the victimized party has the choice of either enforcing the agreement or ..... the principle laid down therein was of general application. the compromise in the present case, assuming that it had been made under undue influence or coercion, was merely a voidable document and was good so long as it had not been avoided. the judge had perfect jurisdiction to pass a ..... by arrest of manohar singh and having brought him to court under arrest on november the 6th got him, under the circumstances of undue influence, coercion in which he was placed, to admit the plaintiffs' claim. the learned subordinate judge began his findings by remarking: 'the applicant himself is ..... or undue influence. the application for review alleged undue influence. the review has been granted upon a general finding apparently of fraud, undue influence, coercion, etc.2. a preliminary objection is taken that no appeal lies; that it is barred by order 47, rule 7, in that none of ..... a regular suit.15. a person who is not a free consenting party and is acting under undue influence or coercion, knows full well the circumstances in which he is placed. when the undue influence or coercion is removed it cannot be said that he has made a discovery of new and .....

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Mar 23 1966 (HC)

Shyam Lal Vs. State of Uttar Pradesh, Lucknow and ors.

Court : Allahabad

Reported in : AIR1968All139

..... such a claim is based on section 72 of the indian contract act.19. section 72 of the indian contract act provides:'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.'section 72 of the contract act apparently does not apply. the amount has not been paid ..... by mistake, but it has been paid under the order of the court which ultimately stands vacated. it has not been paid under coercion ..... it was paid under that order which was binding on the defendants. it was not a payment made under any mistaken belief. section 72 of the indian contract act, therefore, did not apply.22. it can, however, not be doubted that a result of the writ petition in this court and the appeal ..... act, they were payments of tax and even though the terms of section 72 of the indian contract act applied to the facts of the present case no monies paid by way of tax could be recovered. ..... that mistake on being established entitled it to recover the same back from the state under section 72 of the indian contract act. it was, however, contended that the payments having been made in discharge of the liability under the u.p. sales tax .....

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Jul 17 2008 (HC)

Hari Nath Vs. Virendra Nath Pandey and ors.

Court : Allahabad

Reported in : 2008(4)AWC4102

..... word 'free consent' has been defined under section 14 of the indian contract act, 1872. the word 'coercion' has been defined under section 15 of the indian contract act, 1872. the word 'undue influence' has been defined under section 16 of the indian contract act, 1872. the word 'misrepresentation' has been defined under section 18 of the indian contract act, 1872.17. in view of the aforesaid provisions since the plaintiff- ..... speak, or unless his silence is, in itself, equivalent to speech.15. section 19 of the indian contract act, 1872 reads as under:section 19. voidability of agreements without free consent.- when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.a party to ..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or ..... the thrust of his argument is that a suit for cancellation of sale deed is filed under sections 31 and 33 of the specific relief act on the ground of fraud undue influence etc. the word 'fraud' is defined under section 17 of the indian contract act, 1872 which reads as under:17. 'fraud' defined.- 'fraud' means and includes any of the following .....

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Feb 26 1969 (HC)

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Reported in : AIR1970All518; [1969]24STC508(All)

..... coercion as defined in section 15 of the act. in spite of the compulsion, the agreement is neither void nor voidable. in the eye of law, the agreement is ..... agreement is recorded in writing and is signed by the parties. the consent of the occupier of the factory to the agreement is not caused by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as defined in section 14 of the indian contract act though he is obliged by law to enter into the agreement. the compulsion of law is not ..... is clear. there is nothing in the levy order which can be accused of vitiating the free consent of the parties, as defined under section 14 of the indian contract act, when entering into the contract of sale. it was a similar test which the supreme court applied in andhra sugar mills ltd. : [1968]1scr705 (supra).12. so, we have here in the levy ..... was not accepted by the supreme court. bachawat, j., speaking for the court, referred to the related provisions of the indian sale of goods act and the indian contract act and, analysing the position under the andhra pradesh sugarcane (regulation of supply and purchase) act and the rulesframed under it; he observed:--'.................... the canegrower in thefactory zone is free to make or not to makean offer .....

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Mar 12 1999 (HC)

Shitla Prasad Dubey and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1999All260

..... of the cinema house without the plans having been approved and was not willing to pay the composition charge, could not amount to coercion, as defined in the indian contract act and, therefore, could not be of any help. the application for the grant of a licence had already been made and, therefore ..... rule 3 cannot be said to be mala fide. in these circumstances, it cannot be said that the agreement was the result of any coercion, thus, the agreement having been arrived at and the petitioner having been taken the benefit of the agreement though the grant of licence, he ..... . the second condition, referred to above, is alleged to be the arbitrary and illegal but under coercion and compelling circumstances the petitioners had to execute a bond to comply with this condition. regarding the third condition the petitioner claiming that he has ..... that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair or unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. in that case a permanent employee was made to ..... the ministry of information of broadcasting government of. india, films division, lucknow. (vi) complies with the provisions of u.p. entertainments, and betting tax act and rules framed thereunder. 8. the petitioners' case is that he has already deposited rs. 50,000/- and therefore the first condition stands complied with .....

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