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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: punjab and haryana Page 1 of about 98 results (0.062 seconds)

Mar 05 2014 (HC)

Satinder Sharma and Another Vs. Nirmal Kumar and Others

Court : Punjab and Haryana

..... enunciated in section 55 of the transfer of property act. though under the provisions of indian contrat act, 1872 the consent is an essential pre- requisite of a concluded contract where in elements of coercion, undue influence, fraud, misrepresentation and mistake should not be embedded and the term fraud . has been defined in section 17 of the indian contract act, 1872 as some thing of a connivance with ..... transaction was genuine or that the document signed by the agent in place of the principal is binding and effective and a holder of power of attorney is entitled to act on behalf of the principal or that the property singh ravinder 2014.03.14 09:57 i attest to the accuracy and integrity of this document chandigarh -9- rs.no ..... as under: - commensurating with the submissions of shri mangat arora advocate, counsel for the contesting respondents, the term sale . has been defined in section 54 of the transfer of property act, which provides that sale is a transfer of ownership in exchange for price paid or promised or part paid and part promised and ensures that delivery of tangible immovable property ..... against ex parte. in the written statement, it is one of the grounds that defendants no.1, 2 and 5 were appointed attorneys by the plaintiffs and they had been acting as such; the suit should have been only for rendition of accounts and is not maintainable in the present form. defendant no.5 ram gopal is the husband of plaintiff .....

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Oct 18 1957 (HC)

Karnal Distillery Co. Ltd. and ors. Vs. Ladli Parshad Jaiswal and anr.

Court : Punjab and Haryana

Reported in : AIR1958P& H190

..... contention that the resolutions referred to in para 6 of the plaint were passed under coercion or undue influence of the plaintiff. 'under influence' is defined in section 16 of the indian contract act, which runs as under: '(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties ..... the undue benefits derived by him in consequence of that position, and from the consideration of the further circumstances set out in section 16 of the indian contract act, it is open to the court to draw a presumption in favour of the exercise of undue influence. in dubash d.k. ahmad ibrahim sahib v ..... his case. ( see kansi ram v. jai ram, air 1956 him pra. 4 (z)). 54. in a case arising under section 16 of the indian contract act, if the facts justify the inference, that a party was in a postion to dominate the will of another, and held a real and apparent authority over ..... child not his own and towards whom he discharges parental obligations, vide 42 cjs page 489. 49. according to section 16(2)(a) of the indian contract act, a person is deemed to be in a position to dominate the will of another where he stands in a fiduciary relation to the other. ..... plaintiff. the above ingredients ofwhat is undue influence may now be considered. 41. the order in which the matters referred toin section 16 of the indian contract act are to be dealt with is pointed out by their lordships of the judicial committee in raghunath prasad sahu v. sarju prasad sahu, air 1924 pc .....

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Jul 22 1999 (HC)

Abn-amro Bank Vs. the Punjab Urban Planning and Development Authority

Court : Punjab and Haryana

Reported in : AIR2000P& H44; (1999)123PLR479

..... of the punjab housing development board of the government of punjab to the defendant bank is void, as having been procured by coercion as defined in section 15 of the indian contract act, and claiming consequential relief of damages amounting to rs. 65,58,981.04 (rupees sixty five lacs fifty eight thousand nine ..... correspondence between the parties and sufficient grounds have been taken in the plaint to satisfy the basic ingredients under sections 13 to 19a of the contract act. the pleas taken and documents read in support thereof render the letter dated 7-7-1993 ineffective and inconsequential. he mainly relied upon the ..... seogeni rai, air 1951 sc 280, where the hon'ble supreme court of india observed as under :---'in case of fraud, under influence and coercion, the parties pleading it must set forth full particulars and the case can only be decided on the particulars as laid. there can be no ..... acceptance of such sum absolves the defendant of any liability. no facts constituting an assailable cause of action on the plea of misrepresentation, fraud or coercion has been pleaded in the plaint to justify continuation of the suit, in other words, the plaint does not disclose any cause of action in ..... the learned counsel for the respondent/plaintiff argued forcibly that it is again the point to be decided after taking evidence whether there developed a new contract qua letter dated 7-7-93. and i am agreed with the contentions made by the counsel for the respondent/plaintiff. no doubt the .....

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Dec 15 2000 (HC)

Dalbir Singh Alias Vir Singh Vs. Dalbir Singh

Court : Punjab and Haryana

Reported in : AIR2001P& H216

..... said that he had given his free consent in the execution of the agreement. free consent as defined in section 14 of the indian contract act, 1872 means 'when it is not caused by coercion as defined in section 15 or undue influence as defined in section 16 or fraud as defined in section 17 or misrepresentation as ..... had been taken because of fiduciary character in which they were standing to each other. 'undue influence' as defined in section 16 of the indian contract act, 1872 means that 'a contract is said to be induced by undue influence where the relation subsisting between the parties are such that one of the parties is in a ..... provisions of sections 20, 21 and 22. consent is 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 was submitted that there was fiduciary relationship between him and m/s dalbir singh harish kumar/kartar singh as ..... is a validly executed document opp 3. it issue no. 2 is proved whether the defendants have always been ready and willing to perform their part of contract opd 4. if issue no. 2 is proved whether the plaintiff received a sum of rs. 70,000/- as earnest money on the date of agreement ..... advantage over the other; (iii) where a person who is in a position to dominate the will of the other enters into a contract with him and the transaction, appears on the face of it or on the evidence adduced found to be unconscionable, the burden of proving that such .....

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Apr 16 1951 (HC)

Mohd. HussaIn Vs. Fida HussaIn and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H224

..... contract voidable at the option ot the party whose consent was so caused. in ..... trial court was in error in finding that the contract of transfer of shares was void. in this connection counsel cites sections 19 and 19a of the indian contract act, 1872, hereinafter referred to as the act.9. in plain english sections 19 and 19a of the act provide that when consent to an agreement is caused by coercion, fraud and undue influence, the agreement is a ..... plaintiff-respondent cannot be allowed to urge this point in these proceedings.22. for the foregoing reasons, i find that the contract in question was voidable under sections 19 and 19a of the act and that article 91 of the indian, limitation act governed civil suit no. 202 of 1944.23. considering then that fida hussain on hisown showing came to know about the ..... of gift and exchange, thereby alienating the property from herself to the defendant. upon those facts the court found that the contract was void 'ab initio' and the suit was governed by article 120 or article 144 of the indian limitation act.12. in 'raja singh v. chaichoo singh', air 1940 pat 201, meredith. j-, (fazl ali, j., concurring) said :'if titai executed .....

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Nov 23 2009 (HC)

Maruti Suzuki India Limited Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (2010)157PLR198

..... which are set out in section 19 of the contract act, as when the consent to an agreement is caused by coercion, fraud or misrepresentation. coercion is defined under section 15 as resulting from threat to commit an act forbidden by the indian penal code or the unlawful detaining or threatening to ..... . all this is not stated that there is already a proof of such coercion. the matter has to be examined in the context of whether sufficient allegations of coercion or undue influence are made. i have extracted the entire ..... voidable. the workman contends that voluntary retirement scheme to which he was forced to participate was the result of practice of coercion which if established would make the contract voidable. to make the scales even, the labour court will undertake the adjudication on the reference, if only the ..... detain any property to the prejudice of the person whatever the interest or cause any person to enter into an agreement. the free consent of a person could be sullied by several situations, as set out under sections 15 to 18, 20 to 22 of the contract act ..... under various circumstances to receive compensation under voluntary retirement scheme when he was not willing to do so. the details of the so called coercion exercised by the management was revealed in his claim statement as follows:1. that i had been working with the maruti udyog limited .....

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Sep 17 2007 (HC)

Smt. Shanti Devi (Dead) Represented by Lr. Vs. Gian Chand

Court : Punjab and Haryana

Reported in : (2008)2PLR393

..... lawful within the meaning of this rule. its natural corollary is, if any com promise is entered into between the parties, it must satisfy the requirements of a valid contract. fraud, coercion, mis-representation etc., vitiate the transaction and, thus, the contract entered into between the parties ceases to ..... the same has been procured by exercising fraud, coercion, mis-representation etc., meaning thereby that the compermise on which the decree is based, was unlawful. in terms of explanation to rule 3 of order 23 of the code of civil procedure, an agreement or compromise, which is void or voidable under the indian contract act, 1872, shall not be deemed to be ..... and satisfies itself regarding the voluntary nature of such a compromise. if any of the parties later on assails the compromise as invalid on account of exercise of fraud, coercion, misrepresentation etc. and pleads that the compromise/agreement was unlawful and involuntary, such a compromise cannot be challenged by a separate suit in view of the clear bar created ..... be a lawful. it is settled proposition that a compromise is a contract/agreement between the parties. when it is presented in he court, in any suit .....

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May 12 2009 (HC)

Suresh Vs. Smt. Mariyan and ors.

Court : Punjab and Haryana

Reported in : AIR2009P& H182; (2009)155PLR517

..... to rule 3. the explanation to rule 3 deals with agreements or compromise which are not to be deemed to be lawful if they are void or voidable under the indian contract act, 1872 but the agreement or compromises which are not lawful as referred to in rule 3a are more general in term and are not engrafted by the limitations as inserted ..... exercise of its inherent jurisdiction also relieve the party alleging fraud, coercion or undue influence of the agreement. question no. 1 is answered accordingly.12. in view of the above law laid down by a division bench of this court, which is ..... two person in regard to certain matters, viz. when the consent of one of them to the terms is obtained by the other by some illegal means, namely, by fraud, coercion or undue influence, there is in fact no compromise. rule 3a does not bar the maintainability of the suit challenging the compromise on these grounds. however, the court can in ..... discarded by the courts below by observing that since a hindu woman becomes absolute owner of the property possessed by her by virtue of section 14 of the hindu succession act, 1956, therefore, no person can have preexisting right therein and once the defendants had no pre-existing right in the property held by the plaintiff, there was ho question of .....

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Mar 01 2005 (HC)

Wassan Singh and ors. Vs. Lakha Singh and anr.

Court : Punjab and Haryana

Reported in : (2005)141PLR63

..... the explanation to rule 3 deals with agreements or compromises which are not to be deemed to be lawful if they were void or avoidable under the indian contract act, 1972, but the agreements or compromise which are not lawful as referred to in rule 3-a are more general in terms and are not engrafted ..... , the court can in exercise of its inherent jurisdiction also relieve the party alleging fraud coercion or undue influence of the agreement. question no. 1 is answered accordingly.'13. in view of the aforesaid law and in view of the specific language ..... to certain matters, viz. when the consent of one of them to the terms is obtained by the other by some illegal means, namely, by fraud, coercion or undue influence, there is in fact no compromise. rule 3-a does not bar the maintainability of the suit challenging the compromise on these grounds. however ..... has nowhere laid down that the court is debarred from exercising its inherent jurisdiction to set aside a compromise decree obtained by a party by playing fraud, coercion or undue influence. in fact the learned single judge in ram kishan's case (supra) has relied upon the observations made by a division bench of ..... and have also gone through the law cited by him.10. at the outset we may notice that the provisions of civil code procedure were amended by act 104 of 1976 with effect from 1.2.1988 and rule 3a was added to order 23 c.p.c. rule 3a reads as under:-'3a. .....

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Sep 06 2007 (HC)

Ramesh Chand and anr. Vs. Anita Kumar and ors.

Court : Punjab and Haryana

Reported in : (2007)4PLR775

..... explanation to rule 3 deals with agreements or compromises which are not to be deemed to be lawful if they are void or avoidable under the indian contract act, 1972, but the agreements or compromises which are not lawful as referred to in rule 3-a are more general in terms and are not ..... . however, the court can in exercise of its inherent jurisdiction also relieve the party alleging fraud coercion or under influence of the agreement. question no. 12 is answered accordingly.7. hon'ble supreme court in the case of pushpa devi bhagat (d) ..... certain matters, viz. when the consent of one of them to the forms is obtained by the other by some illegal means, namely, by fraud, coercion or undue influence, there is in fact no compromise. rule 3-a does not bar the maintainability of the said challenging the compromise on these grounds ..... has nowhere laid down the court is debarred from exercising its inherent jurisdiction to set aside a compromise decree obtained by a party by playing fraud, coercion or under influence. in fact, the learned single judge in ram kishan's case (supra) has relied upon the observations made by a division bench ..... consider and decide the question as to whether there was a valid compromise or not. this is so because a consent decree, is nothing but contract between parties superimposed with the seal of approval of the court. the validity of a consent decree depends wholly on the validity of the agreement .....

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