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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: chennai Page 1 of about 267 results (0.058 seconds)

Aug 12 1926 (PC)

Venkatrama Aiyar and ors. Vs. Krishnammal and anr.

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 .....

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Nov 20 1905 (PC)

Venkata Narasimha Appa Row Vs. Rangayya Appa Row and ors.

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 .....

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Feb 23 1917 (PC)

Chikkam Seshamma and anr. Vs. Chikkam Ammiraju and Five ors.

Court : Chennai

Reported in : (1918)ILR41Mad33

..... difference of opinion between sadasiva ayyar and moore, jj., as to whether the fact as found amounted to coercion within the meaning of section 15 of the indian contract act.4. the point mainly argued before us was that suicide was not an 'act forbidden by the indian penal code' within the meaning of the section. with this i cannot agree. at common law suicide was ..... evidence in this case is sufficient to warrant a finding on the question of undue influence. on the question of coercion, although i had some doubts in the beginning, i have come to the conclusion that the facts do bring the case within section 15 of the indian contract act. mr. patanjali sastri argued that threatening to commit suicide is not forbidden by the ..... of suicide a prohibition can be inferred from the prohibition of attempts to commit it: and with all respect, having decided in favour of a strict construction of section 15, indian contract act, i cannot accept it. no doubt the only species of prohibition, employed in the code, the specification of a penalty, would be useless in this case. but it does not ..... justice and therefore deal with the case at length.8. the question is whether a threat to commit suicide is a threat to commit 'an act forbidden by the indian penal code' within the meaning of suction 15, indian contract act; and it is conceded that it is not forbidden either directly or in the sense that a penalty is provided for it. it therefore .....

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Jul 01 1986 (HC)

Karuppayee Ammal Vs. Karuppiah Pillai and anr.

Court : Chennai

Reported in : (1987)2MLJ138

..... as to discredit her evidence especially with respect to passing of consideration as mentioned in ex. a1.22. coercion is defined under section 15 of the indian contract act (act ix of 1872). it reads as follows:coercion is the 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 ..... weighed with it so as to hold that ex. al is not supported by consideration and that it had been obtained by fraud and coercion. undue influence is defined by the indian contract act in section 16 as follows.1. a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is ..... had not given the particulars of coercion or undue influence in the notice or in the written statement which he has developed in the course of his evidence as d.w. 1.30. bearing in mind the relevant provisions of the indian contract act (act ix of 1872), the transfer of property act (act no. iv of 1882) and the indian registration act (act no. xvi of 1908), we find ..... . 78. similarly, a refusal to withdraw a prosecution already launched will not amount to coercion vide rameshwar v. upendranath 29 c.w.n. 1029.25. the word 'coercion' appears also in section 72 of the indian contract act. but it has been held by the privy council that to constitute coercion under section 72, an intention to cause any person to enter into an agreement, is .....

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Jan 23 1974 (HC)

Union of India (Uoi) Vs. Mrs. Sarojini Rajah

Court : Chennai

Reported in : [1974]97ITR37(Mad)

..... impression that the demand related to her own assessment, that in any event, the payment should be taken to have been made under coercion and that, therefore, the plaintiff is entitled to invoke section 72 of the indian contract act and recover the suit amount. the court below also held that the suit is maintainable in a civil court for the reliefs claimed and ..... been made in america. the court had observed :'on a true interpretation of section 72 of the indian contract act the only two circumstances there indicated as entitling the party to recover the money back are that the moneys must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled to recover the ..... that section 67 of the income-tax act is not a bar. it further held that the suit is not barred by limitation as the claim for refund on the ground of coercion would fall ..... legal representative of her husband to discharge her legal liability as alleged by the defence or whether the plaintiff paid the suit amount on account of coercion as alleged ?(3) whether section 72 of the contract act can be invoked by the plaintiff in this case to get a refund of the suit amount ?(4) whether the suit is barred by limitation as .....

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Jan 30 1883 (PC)

Subramania Ayyan and anr. Vs. Venkata Rayar and anr.

Court : Chennai

Reported in : (1883)ILR6Mad254

..... dismissed. the suit was brought to set aside certain documents on the ground that they had been obtained by coercion. but upon the trial it was found that there had been no such coercion as would justify the avoidance of the contracts under the indian contract act, section 15; and in appeal, and second appeal, the plaintiff has taken up new ground, and has pleaded, ..... not so much coercion as fraud, and want of consideration. these grounds having been taken for the first time on appeal, ..... section 2973 of the indian penal code, and, if it could be shown that these unlawful acts were done with the intention of inducing the plaintiffs to enter into the documents now sought to be cancelled and that the documents were in consequence executed, the acts of the defendants would amount to coercion under section 15 of the contract act, and the contract would be voidable. ..... the house was sold.26. therefore no ground has been shown for avoiding the contracts, or for setting aside the documents in question.27. the second appeal must be dismissed with costs.1' coercion' defined.[section 15 : 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 .....

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Mar 09 1972 (HC)

Thakkadi Syed Mohamed Vs. Ahmed Fathumml and ors.

Court : Chennai

Reported in : AIR1973Mad302

..... of a free exercise of independent will and there is a presumption of undue influence and coercion on the facts and circumstances of this case. section 16 of the indian contract act defines 'undue influence' as follows:'1. a contract is said to be induced by 'undue influence' where the relations subsisting between the parties ..... was executed by undue influence is not supported by evidence and the finding of the trial court that it was not executed by undue influence or coercion is correct.7. for the foregoing reasons, the second appeal is allowed, the judgment and decree of the lower appellate court are set aside ..... to the execution and attestation of the document. there is no other evidence to show that the document is vitiated by any undue influence or coercion. the mere existence of relationship alone is relied on by the learned counsel for the respondent in support of his plea that the document was ..... a real or apparent authority over the other, or where he stands in a fiduciary relation to the other, or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental or bodily distress. (c) where a person who ..... unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. nothing in this sub-section shall affect the provision of section 111 of the indian evidence act, 1872.' unless it is shown here that .....

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Mar 09 1972 (HC)

Takkadi Syed Mohamed Vs. Ahmed Fathummal and ors.

Court : Chennai

Reported in : (1972)2MLJ630

..... of a free exercise of independent will and there is a presumption of undue influence and coercion on the facts and circumstances of this case. section 16 of the indian contract act defines 'undue influence' as follows:(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties ..... was executed by undue influence is not supported by evidence and the finding of the trial court that it was not executed by undue influence or coercion is correct.7. for the foregoing reasons, the second appeal is allowed, the judgment and decree of the lower appellate court are set aside ..... spoken to the execution and attestation of the document. there is no other evidence to show that the document is vitiated by any undue influence of coercion. the mere existence of relationship alone is relied on by the learned counsel for the respondent in support of his plea that the document was executed ..... the finding of the trial court held that exhibit b-3 was not a valid document, that it must have been obtained under undue influence and coercion and that in any case the conditions for a valid gift are not satisfied and that, therefore, there was no valid gift of the share ..... unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.nothing in this sub-section shall affect the provisions of section in of the-indian evidence act, 1872.unless it is shown here that .....

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Jul 11 1980 (HC)

Kathira Match Factory and ors. Vs. State of Tamil Nadu

Court : Chennai

Reported in : [1981]48STC69(Mad)

..... of law. on a true interpretation of section 72 of the indian contract act the only two circumstances there indicated as entitling the party to recover the money back are that the monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, ..... and australia that money paid under a mistake of law could not be recovered and that that was also the intendment of section 72 of the indian contract act. ...... there is no warrant for ascribing any limited meaning to the word 'mistake' as has been used therein and it is wide enough ..... court has no jurisdiction to entertain the suits. 42. in sales tax officer v. kanhaiya lal : [1959]1scr1350 , after extracting section 72 of the indian contract act, their lordships of the supreme court have observed : 'the term 'mistake' has been used without any qualification or limitation whatever and comprises within its scope ..... the writ petitions filed by the defendants do not constitute res judicata and that the amounts refunded could be recovered and section 72 of the indian contract act is applicable. 11. we shall first note what was decided by this court in larsen and toubro limited v. joint commercial tax officer ..... end of each of the assessment years. 10. it was further contended that the amount refunded cannot be recovered under section 72 of the indian contract act. on the other hand, it was submitted on behalf of the respondent that no reassessment is necessary, particularly having regard to the scope of .....

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Mar 03 2011 (HC)

Titan Industries Ltd. Vs. State Bank of India and anr.

Court : Chennai

..... fake one. so, the first respondent/plaintiff is not an holder in due course.24. now, it is appropriate to consider section 72 of the indian contract act, which reads as under:-"72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.- a person to whom money has been paid, or anything delivered, by mistake or under ..... bad for non joinder of necessary party?2. whether the trial court is correct in holding that the first respondent/plaintiff is entitled to benefit under section 72 of the indian contract act and to recover the amount?3. whether the judgment and decree of the trial court is sustainable?4. to what relief the appellant/first defendant is entitled to?"7. the ..... , there was no due whatsoever for the plaintiff bank to suspect the genuineness of the dd. the plaintiff bank is entitled to benefit and protection under section 72 of the indian contract act and the payment in acceptance of the counterfeit forged dd in good faith is only a bona fide mistake and the plaintiff was led to believe that they are liable ..... filed a suit for recovery of amount stating that they honoured the dd, which was fake and the amount has been paid mistakenly, under section 72 of the indian contract act (hereinafter referred to as the act), the plaintiff bank is entitled to recover that amount. so, they filed the suit. after considering the defence raised by the respondents, the trial court decreed the .....

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