Skip to content


Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: mumbai aurangabad Page 1 of about 5 results (0.020 seconds)

Jan 29 2013 (HC)

Akhil Mansuklal Mehta Vs. Sheetal Deepak Karamchandani

Court : Mumbai Aurangabad

..... has erred in not appreciating that the provisions of order xxii rule 3 of c.p.c. clearly contemplated that agreement or terms which is void or voidable under the indian contract act 1872 shall not be deemed to be lawful and therefore, instead of rejecting the application at exh.17, the trial court ought to have conducted proper enquiry in the suit ..... no. 51/2a, situated at shirdi, tq rahata, district ahmednagar, towards consideration vide pay order, then it cannot be said that such consent terms were under the influence of coercion or by playing fraud. the learned counsel pressed into service reported judgment of this court in case of latabainarcinha telang vs. suresh narcinha telang and another, reported in 2006 (1 ..... the documents placed on record that the petitioner has applied for relaxation of condition of bail after such consent terms are executed. it is submitted that it is only under coercion and threats by the respondent, such consent terms are signed by the petitioner. learned senior counsel for the petitioner further submits that the remedy to file application for cancellation ..... the trial court without adjudication has given such findings, which are premature. it is submitted that the respondent has obtained signature of the petitioner on two deeds of release through coercion, fraud and undue influence, hence under such circumstance, full-fledged trial was necessary but instead the trial judge directly rejected the application, as if delivering the final verdict after .....

Tag this Judgment!

Sep 21 2015 (HC)

Sunil and Others Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... thurukanni pompial (supra) while considering the case of the prosecution based upon dying declaration in para 9 held thus :- under clause (1) of section 32 of the indian evidence act, 1872, a statement made by a person who is dead, as to the cause of his death or as to any of the circumstances of the transaction which ..... they have one time returned from jail. we are not afraid of going to jail again. what will you do if, we get your daughter killed from a contract killer. my father took retreat, requested them and brought me and my child to my maternal home. after diwali, i told my father that i am afraid of ..... : 09-11-2008police station entry no.40, time : 1530 recorded. part 5, c.r. no.0/08 u/sec. 498-a, 307, 323, 504, 506, 34 ipc have been registered and since the incident took place in the jurisdiction of police station palam, it was referred to that police station. sd/- (b.j.phule ) police sub inspector ..... is mentioned that station diary no.40 at 15.30, part-5, c.r.no.0/2008 under section 498a, 307, 323, 504, 506, 34 of ipc, and whereas the station diary entry no.40 is made at 15.30 on the basis of the 1st dying declaration would reveal that the recording of the said ..... declaration at exhibit 80 recorded by the special judicial magistrate pw-13, she improves statement stating some overt act by father-in-law. it is therefore, stated that, in absence of the father-in-law, accusation of overt act is only with a view to rope total family in the offence. it is submitted that, no findings .....

Tag this Judgment!

Aug 14 2015 (HC)

Ramdeo and Others Vs. The State of Maharashtra and Others

Court : Mumbai Aurangabad

..... from ear is due to the fracture of middle cranial fossa. 27. i agree with the proposition that if the heat applies is very great skin contract at heat ruptures occur before or after death. i agree with the proposition that the outer tables of the exposed cranial may show a network of ..... the learned trial court initially decided the aspect of criminal conspiracy, so as to ascertain commission of an offence punishable under section 120-b of the indian penal code and upon analysis of the evidence, gave finding that the prosecution has failed to establish that accused nos. 1 to 3 had hatched conspiracy ..... of judicial magistrate first class, newasa, against accused nos.1 to 4, for offences punishable under sections 302, 498-a read with sec. 34 of the indian penal code. learned magistrate thereafter committed the case to the sessions court, shrirampur. 19. the charge was framed at exh.51 against the accused persons. they ..... no.1 ramdeo, who is convicted vide section 235 (1) of the code of criminal procedure, for an offence punishable under section 302 of the indian penal code and sentenced to suffer imprisonment for life and to pay fine of rs.25,000/-, in default to suffer simple imprisonment for six months. 3 ..... 106 of the evidence act applied to the facts on record. the high court seems to have brought it out on its own, but without any justification. we are, therefore, of the view that the conviction of murlidhar, chhaju ram and babu lal s/o chhaju ram under section 364 ipc is justified and .....

Tag this Judgment!

Feb 15 2016 (HC)

Anil Vs. State of Maharashtra

Court : Mumbai Aurangabad

..... that she used to earn livelihood by doing labour work. as, on the day of the incident, she had no job, she went to the site of the appellant where, contract of construction was taken by the present appellant. the complainant wanted to work there to earn livelihood for the day. the appellant, however, was fed up with her, may be ..... learned ist adhoc addl. sessions judge, aurangabad vide judgment and order dated 15th june, 2002 in sessions case no.109 of 1999 for the offence punishable under section 307 of indian penal code. he was sentenced to suffer rigorous imprisonment for five years and to pay a fine of rs.500/-. hence, the present appeal. 3. the prosecution case, in short .....

Tag this Judgment!

Apr 13 2016 (HC)

Yoseph Keru Pandit, Deceased through his L.Rs. and Others Vs. V.B. Pim ...

Court : Mumbai Aurangabad

..... but does not include-- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or .................... (bb) termination of the service of the workman as ..... entrants by the award. this argument was not accepted by the labour court, which relied upon the decision of the andhra pradesh high court in indian hume pipe company v. labour court. the labour court therefore, made an order directing the petitioner to pay rs. 65 to the respondent. that ..... been reinstated in service, they deserve to be treated as permanent employees, deserves to be rejected. 33. paragraphs 1 to 3 and 6 of the indian hume pipe's judgment (supra) read as under:- "1. the facts giving rise to this application are that respondent 1, hereinafter referred to as ..... employment of a retrenched employee does not entitle him to the same service benefits as were available prior to his retrenchment. in the case of indian hume pipe company ltd. vs. bhimarao baliram gajbhiya [1966 mh.l.j.625], it has been held that a re-employed workman cannot claim ..... or industrial court is satisfied that the agreement was in contravention of any of the provisions of this act or the consent of either party to it was caused by mistake, misrepresentation, fraud, undue influence, coercion or threat. 14. considering the conspectus of these matters, i have dealt with the issues raised, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //