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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: mumbai Page 1 of about 317 results (0.055 seconds)

Jan 29 1991 (HC)

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

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 .....

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Nov 06 1952 (HC)

Vadilal Chhaganlal Soni and ors. Vs. Gokaldas Mansukh and ors.

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 .....

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Feb 25 1913 (PC)

Kanhaya Lal Vs. the National Bank of India Limited

Court : Mumbai

Reported in : (1913)15BOMLR472

..... lawful alternative.9. the main contention, however, was that the allegations in the plaint did not show ' coercion ' according to indian law. it was contended that nothing could be ' coercion ' under indian law unless it satisfied the definition of ' coercion ' ' which is found ins. 15 of the indian contract act and that the allegations in the plaint failed so to do because they did not show that the ..... is not sound and that it is based on a fundamental misunderstanding of the object and effect of section 15 of the indian contract act.10. section 15 forms part of a chapter which specially deals with the requisites of a valid contract. this chapter commences with section of, which may be regarded as the fundamental section, and which reads as follows:-all agreements ..... a definition which applies to the consideration whether there has been ' free consent ' to an agreement so as to render it a contract under section 10. this explains why in the definition of ' coercion' it is limited to an unlawful act done ' with the intention of causing the person to enter into an agreement.' but it would be to make nonsense of the ..... relates to 'free consent' as an element kai in the making of contracts. it is natural, therefore, that when 'coercion' comes to be defined in section 15 for the purposes of section 14 it is defined as follows:- 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 10 1937 (PC)

Lingo Bhimrao Naik Vs. Dattatrya Shripad Jamadagni

Court : Mumbai

Reported in : AIR1938Bom97; (1937)39BOMLR1233; 173Ind.Cas.817

..... the confirmation deeds on the ground of threats and undue influence under sections 15 and 16 of the indian contract act. under 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 the prejudice of ..... test here, it seems to me that the present case does come within the definition of undue influence embodied in section 16 of the indian contract act. there are indian cases also to show that in similar circumstances courts have granted relief on similar grounds : see lakshmi doss v. roop laul; i.l ..... a position to dominate the will of the executant, as the third party's knowledge of the fiduciary relationship between the parties to a contract and the exercise of undue influence puts that party under the same disability as the other party who occupied the position of confidence : ..... the will was established. if such position is proved, and the transaction also appeared to be unconscionable, the burden of proving that the contract was not induced by undue influence would lie on the person in a position to dominate the will of the other. see raghunath prasad ..... any person whatever, with the intention of causing any person to enter into an agreement. under section 16 a contract would .....

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Aug 03 1944 (PC)

Gurunathappa Deekappa Vs. the Dharwar Municipality

Court : Mumbai

Reported in : AIR1945Bom197; (1945)47BOMLR38

..... a refund of the; amount recovered by the municipality illegally from him, and his suit clearly falls under section 72 of the indian contract act, 1872, for return of the money paid under coercion. if the plaintiff's suit had been confined merely to the refund of this amount, no difficulty would have arisen because ..... for damage caused by illegal distress. to my mind what the plaintiff is claiming is interest on the amount which he paid to the municipality under coercion and because he was deprived of the use of that money. it is interest claimed for wrongful detention of the money by the municipality. if that ..... to the distress. a claim for compensation for such loss might fall under article 35(j) of the second schedule to the provincial small cause courts act. but in this case the plaintiff has not asked for such compensation, but for interest on the amount illegally recovered from him. that claim is ..... of the court. the question there also was whether the suit filed was or was not cognizable by the small causes court; and sir norman kemp, acting chief justice, at p. 1309 of his judgment states:we think the cause of action was not one under the second schedule, clause 33(j), ..... the suits that are excluded from the jurisdiction of the small causes court are enumerated in the second schedule to the provincial small cause courts act, and the only .....

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Mar 12 2015 (HC)

Bajranglal Anilkumar Jaju and Another Vs. The Vyasya Bank Ltd.

Court : Mumbai

..... plaintiff in para 28 of the plaint and upon which the aforesaid issue has been framed, would be coercion as defined in section 15 of the indian contract act, 1872, which runs thus: ??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 defendant has denied the case of the plaintiff having signed the consent terms under coercion. the defendant claims that the plaintiff never challenged the validity of the consent terms though a case of coercion would make the consent terms voidable under section 15 of the indian contract act, 1872 and accordingly would fall with the explanation to order 23 rule 3 of ..... ' was held to be not necessarily objectable. it was observed that extension of the right to voidability by coercion involving 'lawful act duress' caused in a commercial contract under the bona-fide claim would have far reaching implications. ??it would introduce a substantial and undesirable element of uncertainty in the commercial bargaining process. moreover, it will ..... which fundamental term has not been recited in the agreement. 75. such oral agreement would fall within section 91 of the indian evidence act 1872 which runs thus: ??chapter vi of the exclusion of oral by documentary evidence 91. evidence of terms of contracts, grants and other dispositions of property reduced to form of documents ?? when the terms of a .....

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Dec 15 1932 (PC)

Shankarrao Keshavrao Deshmukh Vs. Vadilal Mulchand Gujarati

Court : Mumbai

Reported in : AIR1933Bom239; (1933)35BOMLR462

..... a limited company, under attachment against his property, he was entitled to recover back the amount on the ground that the payment was involuntary and was made under coercion under section 72 of the indian contract act.9. when the property of any person, which is not liable to be sold in execution of a decree, obtained against a third person, is attached, the ..... save the property from sale, pays the amount to the decree-holder, he can recover back the money so paid under section 72 of the indian contract act on the ground that the payment was involuntary or obtained by coercion.10. in the present case, the plaintiffs paid the money after the sale under order xxi, rule 89, to set aside the sale on ..... ground of fraud. what we have to determine is whether he has a cause of action under section 72 of the indian contract act which enables a man to remove money paid by mistake or undue coercion. 'we have to consider whether there was coercion, for the payment was not made by mistake. the argument of his learned counsel is that the case is analogus ..... , limited (1913) i.r. 40 i.a. 56 15 bom. l.r. 472 that the word 'coercion' in section 72 of the indian contract act is used in its general and ordinary sense, its meaning not being controlled by the definition of 'coercion' in section 15 of the act, and that where the plaintiff, who was the sole proprietor of certain mills, was compelled to pay .....

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Apr 20 1960 (HC)

The State of Bombay Vs. Dr. Raghunath Balkrishna Chandrachud

Court : Mumbai

Reported in : (1961)63BOMLR442

..... orders of april 22, 1949, and april 30, 1949, under threat and coercion from the government and, therefore, the government was bound to repay the amounts to them in view of section 72 of the indian contract act.50. as already mentioned above, the order of the executive council directing that ..... made.in sri sri shiba, prasad singh v. maharaja srish chandra nandi , it was held that payment 'by mistake' in section 72 of the indian contract act, 1872, which provides that 'a person to whom money has been paid.. .by mistake... must repay or return it' refers to a payment which ..... without protest, with a view to close the matter between him and the government, once for all, and that, therefore, section 72 of the indian contract act was not attracted. he relies upon two letters written to dr. jivraj by dr. chandrachud. exhibit 124 is the first letter which appears to ..... to think that the merger agreement could not be regarded as an act of state. the territory to which it related was already the indian territory and the contracting party, the subject of the indian dominion. the authority for both the contracting parties for entering into such agreement could be found in the legislative ..... be considered as a transaction, a treaty of cession between two independent sovereigns. for a treaty of cession which might amount to an act of state both the high contracting parties should have at least the necessary sovereign power, namely, 'external independence'. further, as i have already stated, what is .....

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Apr 23 1923 (PC)

Kanhaya Lal Vs. National Bank of India Limited

Court : Mumbai

Reported in : (1923)25BOMLR1248

..... the attachment he paid the debt under protest. the next day he raised the present suit to recover the money so paid under coercion in terms of section 72 of the indian contract act. there was originally added a claim for damages. the suit has had a most 1 unfortunate history and been protracted for a ..... the present action is to recover a sum of rs. 83,005 with interest, being a sum paid, as alleged, under coercion and as such recoverable under section 72 of the indian contract act. in order to make the matter intelligible it is necessary to give the history of the various transactions which have given rise to ..... all these authorities are beside the question. the right here sought to be enforced is a statutory right expressed in terms of section 72 of the indian contract act, and this board has already held that the circumstances gave rise to that statutory right. to append a consideration (as the court of appeal has done ..... him to appear. it must therefore be presumed that the power of at torney was a proper power under the terms of section 33 of the indian registration act.8. then as regards the execution of lachhman das-a witness was examined who deposed to the fact. now, by section 34, the duty ..... might be heard and decided on its merits.3. their lordships go on to find that the payment under the circumstances described was a payment under coercion and remitted the case that the defences, other than that rested on the words of the statute, might be disposed of.4. the subordinate judge .....

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Mar 26 1996 (HC)

Indian Oil Corporation Ltd. Vs. Raaj Unocal Lubricants Ltd.

Court : Mumbai

Reported in : 1997(1)BomCR292

..... , the agreement is a contract voidable at the option of the party whose consent was so caused. it ..... is not the case of the defendant that there was any coercion brought to bear upon it or that any fraud or ..... the terms of the contract mutually agreed by and between the plaintiff and the defendant as contained in the said agreement executed on 22nd february 1994 are usually contained in a commercial contract of the nature entered by and between the plaintiff and the defendant. 8. under section 19 of the indian contract act, when consent to an agreement is caused by coercion, fraud or misrepresentation ..... the arbitration agreement as contained in clause 34 of the said agreement read with annexure vi thereto being wholly opposed to the letter and spirit of section 23 of the indian contract act, 1872 is void and unenforceable. on merits of the claims of the plaintiff against the defendant, mr. bhatt has submitted that the plaintiff is not entitled to any .....

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