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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: kolkata Page 1 of about 173 results (0.027 seconds)

Jan 16 1917 (PC)

The Bengal Stone Company Ld. Vs. Joseph Isaac Joseph Hyam and anr.

Court : Kolkata

Reported in : 45Ind.Cas.738

..... , we agree with the learned judge that the letter of the 22nd of august 1911 was not obtained by coercion. the section upon which this matter depends is section 15 of the indian contract act. in order to understand that section, it is necessary to refer to sections 13 and 14. section 13 ..... convey the equity of redemption except on certain terms has unlawfully detained or threatened to detain any property within the meaning of section 15 of the indian contract act. having regard to the ordinary meaning of the english language, i have no hesitation in saying that the refusal to convey the equity of ..... says: two or more persons are said to consent when they agree upon the same thing in the same sense. 'section 14 says: consent is said to be free when it is not caused by--(1) coercion ..... 14 which can be said to apply to this case is sub-section (1), namely: 'coercion, as defined in section 15.' section 15 says: '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 ..... case does not come within the meaning of the first part of that section, namely, 'the committing, or threatening to commit, any act forbidden by the indian penal code.' but it is said that what happened in this case, to which i will refer more in detail directly, brings the matter .....

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Aug 23 1968 (HC)

Sm. Purabi Banerjee Vs. Basudeb Mukherjee

Court : Kolkata

Reported in : AIR1969Cal293,72CWN905

..... said upon evidence that purabi's consent, as we find here, has been vitiated by fraud and coercion? that is the point debated before us, mr. bhose, who appears for the respondent ..... , must be equally right. section 25 of the special marriage act provides just so:'25. voidable marriages -- any marriage solemnized under this act shall be voidable and may be annulled by a decreeof nullity if-- **********(iii) the consent of either party to the marriage was obtained by coercion or fraud as defined in the indian contract act 1872.' but is the premiss right? can it be ..... is. but only this may be said. by the conjoint operation of section 25, clause (iii), of the special marriage act, 1954, and section 15 of the contract act, 1872, coercion, in the context of facts here, would mean threatening to commit any act forbidden by the penal code. to put an end to purabi's life -- and that is one of the threats given ..... consent, real consent, on the part of purabi, is not simply here. consent, such as it is here, is, therefore, vitiated by fraud and coercion by the conjoint operation of sections 14, 15 and 17 of the contract act, 1872, and the impugned marriage cannot stand.10. if the premiss upon which mr. mookerjee rests his contention is right, the conclusion he comes .....

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Aug 17 1977 (HC)

General Enterprises and ors. Vs. Jardine Handerson Ltd.

Court : Kolkata

Reported in : AIR1978Cal407,82CWN437

..... the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section 16 or fraud as denned in rule 17 or misrepresentation as ..... or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that 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 is so caused. a party to contract whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist ..... acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party ..... said to be so caused when it would not have been given but for the existence of such coercion, undue 'influence, fraud, misrepresentation or mistake. it is not necessary to deal with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following .....

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Mar 15 1990 (HC)

Tapan Ranjan Das Vs. Smt. Jolly Das

Court : Kolkata

Reported in : AIR1990Cal353,94CWN812,I(1991)DMC60

..... a decree of nullity on the ground that the consent of either party was obtained by coercion. the learned judge, however, took into consideration as to whether or not the consent had been obtained by fraud as defined under indian contract act. he referred to s. 17 of the indian contract act which defines fraud and took into consideration of the conduct of the parties both at ..... exert tremendous influence on jolly by taking advantage of the fiduciary relationship.16. mr. mukherjee has referred to illustration (b) of s. 17 of the indian contract act and also s. 111 of the evidence act. mr. mukherjee has contended that proof of good faith is essentially necessary in every transaction where one party is enjoying active confidence because of the fiduciary relationship ..... witnesses later on signed in her absence. mr. chatterjee has drawn the attention of the court to the provisions of the special marriage act. it is incumbent that the marriage registration officer would ensure between the contracting parties to the marriage as to whether or not they are marrying voluntarily. unless it is accepted that the marriage registration officer did not ..... 1986 and then they came to know that there was a formal marriage between herself and tapan under the provisions of special marriage act. jolly has alleged that tapan had practised fraud on her and there was also coercion and inducement made by tapan to her for signing the blank forms on the representation that such forms were necessary for the purpose .....

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Apr 30 1925 (PC)

Rameshwar Marwari Vs. Upendranath Das Sarkar

Court : Kolkata

Reported in : 90Ind.Cas.463

..... section 14 and also, upon the facts of the present case, to sections 15 and 16 of the indian contract act, because the consent in the present case is said to have been vitiated by coercion and undue influence. the learned judge has found that the defendant had been forced and coerced to execute the ..... public policy, it appears to me that the facts that are necessary to be established in order to bring the case under section 23 of the indian contract act have not been established in the present case. the defendant has not produced any of the papers relating to the said criminal case. an application ..... him would not be withdrawn. now these facts, even if established, would not bring the case within section 15 of the contract act, which defines coercion. as regards undue influence the contract would be vitiated if it has been induced by undue influence where the relations subsisting between the parties are such that one of ..... been referred to certain circumstances for the purpose of coming to the conclusion that the case comes within subs. (3) to section 16 of the contract act. these circumstances are that although the defendant was only a partner to the extent of 1/3rd share in the business, yet by the bond he ..... that there was no proper adjustment of liabilities does not commend itself to me inasmuch as i am unable to find that there was either coercion or undue influence or want of free consent for any other reason which may be taken to have vitiated the transaction. unless the bond can .....

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Feb 01 2002 (HC)

Broadway Centre Vs. Gopaldas Bagri

Court : Kolkata

Reported in : AIR2002Cal78

..... being entered into without consent so as to render it void or void ab initio. it is a case of voidable contract at the highest as it was alleged to have entered into under threat or coercion. under section 19 of (the indian) contract act, 1872 the defendant could have avoided it immediately thereafter. i do not find any whisper of avoidance. the defendant rather ..... the formation of partnership by several persons who are bringing assets to the hotchpotch in the partnership is well settled. section 14 of the indian partnership act provides as follows :--'14. the property of the firm.-- subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the ..... partnership firm. so, the said market is the asset and property of the plaintiff. all the partners have signed the said partnership deed and subsequently it was registered under the indian partnership act. 1932. the defendant indeed has admitted to have executed the said partnership deed.9. he submits that after formation of the partnership, a bank account was opened with the ..... to recover the same from the defendant.4. the substance of the defence is that the said partnership was never acted upon, besides the partnership deed is sham document and the deed of retirement was procured in the police station on coercion and threat. moreover, the said property was not lawfully transferred in favour of the partnership. the payment of rupees 12 .....

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Dec 13 1974 (HC)

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Reported in : [1975]36STC527(Cal)

..... 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 the law, the agreement ..... 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 ..... consideration and with a lawful object and is not void under any provisions of law. the agreements are enforceable by law and are contracts of sale of sugarcane as defined in section 4 of the indian sale of goods act. the purchases of sugarcane under the agreement can be taxed by the state legislature under entry 54, list ii. 26. in that decision ..... permit-holder submitted that it is not completely denuded of all the elements of a contract but retained fair amount of volition to the parties entering into the said transaction so as to constitute a sale of goods within the meaning of the indian sale of goods act as laid down by the catena of supreme court decisions referred to by both the .....

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Jul 29 2004 (HC)

Mousumi Maji Nee Pal Vs. Timir Kumar Maji

Court : Kolkata

Reported in : (2005)1CALLT484(HC),II(2005)DMC233

..... be voidable and may be annulled by a decree of nullity if the consent of either party to the marriage was obtained by coercion of fraud as defined in the indian contract act, 1872. the effect of registration of marriage is laid down in section 13. where a certificate of marriage has been finally entered in the marriage certificate book the marriage shall, ..... as from the date of such entry, be deemed to be a marriage solemnised under the special marriage act. merely because certificate of marriage has been ..... questions arise for consideration in the present appeal. firstly, whether the marriage between the parties is the result of fraud and coercion and thus voidable and to be annulled by a decree of nullity under section 25 of the act. the second question being whether the wife was a minor at the time of marriage on march 30, 1992 and therefore marriage ..... declaring the marriage void then in view of specific provision contained in section 25(3) of the act, court is not denuded of the power or jurisdiction to consider, nor a party to the marriage is precluded from establishing, that the consent was obtained by coercion or fraud to render the marriage void.23. in the case on hand we find that .....

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Jun 29 1977 (HC)

State of West Bengal and ors. Vs. Hindusthan Construction Co. Ltd.

Court : Kolkata

Reported in : [1978]41STC112(Cal)

..... by respondent no. 1 he filed the writ petition in this court on 5th june, 1972.8. under section 72 of the indian contract act, a party is entitled to recover money paid by mistake or under coercion. in sales tax officer, banaras v. kanhaiya lal makund lal saraf [1958] 9 s.t.c. 747 (s.c.), it ..... has been observed by the supreme court that there is no warrant for ascribing any limited meaning to the word 'mistake' in section 72 of the indian contract act, 1872 and it is ..... wide enough to cover not only a mistake of fact but also a mistake of law. but, on a true interpretation of section 72, the only two circumstances that entitle the party to recover the money back are that the money must have been paid by mistake or under coercion. ..... question, namely, whether or not a suit would be barred if it was instituted on the day the writ petition was filed. under article 96 of the indian limitation act, 1908, the period of limitation for such a suit is three years from the day when the mistake became known. if respondent no. 1 had filed ..... , but must be interpreted in its legal sense and should be given the same meaning which it has in the sale of goods act, 1930. it was observed that in a building contract which is one, entire and indivisible, there is no sale of goods and it is not within the competence of the provincial legislature .....

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Nov 18 2009 (HC)

Munmun Ghosh Vs. Tarun Kumar Malik

Court : Kolkata

..... the marriage pregnant by some person other than the petitioner; or(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872 (9 of 1872).provided that, in the case specified in clause (ii), the court shall not grant a decree unless it ..... with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.14. in the case before us, although the appellant alleged that consent ..... the case specified in clause (iii), the court shall not grant a decree if,-(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or(b) the petitioner has with his or her free consent lived ..... based on any probable evidence on record. no reasonable person within the meaning of the definition of 'proved' appearing in section 3 of the evidence act would consider the evidence adduced on behalf of the husband as the sufficient evidence of consummation of marriage.19. we, therefore, hold that in this ..... and decree impugned herein has dismissed the application on the ground that the appellant failed to prove the ingredients of section 25 of the special marriage act.10. mr. chakraborty, the learned advocate appearing on behalf of the appellant, has strenuously contended before us that the learned trial judge totally overlooked .....

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