Court : Supreme Court of India
Reported in : AIR1985SC901; 1985(1)SCALE609; (1985)2SCC544; 3SCR561; 64STC6(SC)
..... that the term 'mistake' under section 72 of the indian contract act comprises within its scope a mistake of law as well as a mistake of fact and that, under that section a party is entitled to recover money paid by mistake or under coercion and if it is established that the payment, even though ..... what it has taken from the public, by enabling the commitee to utilise the amount for the performance of services required of it under the act. instead of allowing middlemen to profiteer by illgotten gains, the legislature has devised a procedure to undo the wrong that has been done by the ..... . the high court, however, ordered refund of tax paid for certain period but refused it in regard to other periods. the orissa sales tax act was, however, amended in 1958 with retrospective effect incorporating section 14a which provided that refund could be claimed only by the person from whom the ..... the respondent in the main was that the change and modification made by the madhya bharat government in the definition of essential commodities given in the act by including sugar therein was against the law, that the director of civil supplies had no authority before 6 september, 1949 to issue the sugar ..... . by another notification no. 5i66/xxx(49) dated the 5 september, 1949 the madhya bharat government delegated its powers to issue orders under the said act in favour of the director, civil supplies, madhya bharat. in exercise of the powers conferred on him under the madhya bharat sugar control order, 1949 .....Tag this Judgment!
Court : Allahabad
Reported in : (1900)ILR22NULL224(P.C.)
..... their signature.2. now as regards the first point, no question of coercion properly so-called arises in this case. coercion is defined in section 15 of the indian contract act. it is clear that coercion as thus defined implies a committing or threatening to commit some act which is contrary to law. no such act is alleged to have been committed or threatened in the present case ..... . therefore coercion may be put out of the question altogether. the question of undue ..... only ground, upon which the validity of the submission was questioned was that of coercion, or undue influence. it is clear that there was no coercion; and on the evidence it cannot be held that there was undue influence within the meaning of section 16 of the contract act. on this point i agree with the observations of the learned chief justice and have ..... influence requires further consideration. we must apply the definition of undue influence contained in section 16 of the contract act, as it stood before its amendment by section 2 of act no. vi of 1899. the only part of section 16 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(6)ALLMR(SC)904; 2009(2)KarLJ1; (2008)7MLJ550(SC); 2008(9)SCALE144; 2008AIRSCW6476; 2008(4)LH(SC)2287; 2008AIRSCW6476; 2008(4)LH(SC)2287
..... be necessary as the same is nonest in the eye of the law, as it would be a nullity.33. section 16 of the indian contract act provides that any transaction which is an outcome of any undue misrepresentation, coercion or fraud shall be voidable.if, however, a document is prima facie valid, a presumption arises in regard to its genuineness.in prem singh ..... if it had been paid, or delivered, in accordance with the intention of the parties.50. the same principle might have been applied in the indian contract act. 'consideration' has been defined in section 2(d) of the indian contract act, which reads as under:(d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or ..... in particular the properties standing in the name of singaramma could not be put into hotchpotch of joint family properties. xi) consideration within the meaning of section 25 of the indian contract act, love and/or affection being consideration must be disclosed in the document, which having not been done, the impugned judgments could not have been sustained. xii) power of attorney having ..... to pray for any relief for setting aside the said deeds.iv) the partition deeds as also the deed of relinquishment were void being hit by section 25 of the indian contract act as for the said purpose passing of adequate consideration was necessary, love and affection being not the requisite consideration therefor. the partition of the properties being unfair and unequal, reopening .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Allahabad
Reported in : 2000(1)AWC594
..... of tendering of such resignation. if a resignation is tendered in the circumstances created by the defendant, or its officers and by show of force and coercion then such a resignation is voidable under the indian contract act. the plaintiff had opted to withdraw such a resignation letter. the plaintiff has categorically stated that soon after tendering of the resignation, he had sent letters ..... be raised at any stage and even at the time of the hearing of the second appeal.10. coercion is defined under section 15 of the indian contract act which reads as follows :'15. 'coercion' defined.--'coercion' is the committing, or the 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 ..... any person to enter into an agreement. explanation.--it is immaterial whether the indian penal code is or is not in-force in the place where the coercion is employed.' coercion as defined above under section 15 of the indian contract act thus means (a) committing or threatening to commit any act forbidden by the indian penal code or (b) the unlawful detaining or threatening to detain any .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
..... not a free agent. in other words, economic duress is now a recognized head answering the description of "coercion" entitling the contracting party to avoid the contract or some of its terms. this head of "economic coercion" would fall within the meaning of section 16 of the indian contract act, 1872 which defines "undue influence" as one where the relation subsisting between the parties is such that ..... these decisions indicate that whenever such an issue arises the court has to decide whether the arbitrator in the given facts had ignored the provisions of section 73 of the indian contract act and had awarded the damages on wrong application of law. boc india ltd. vs. bhagwati oxygen ltd. (2007) 9 scc503enjoins courts, fao (os) 21/2009 and connected cases page 85 ..... long as the measure adopted for grant of damages is based on a plausible view in the established facts of the case.108. section 73 of the indian contract act stipulates that upon a breach of contract, the party suffering from such breach is entitled to receive, from the party who has committed breach, compensation for any loss or damage caused to him thereby ..... under section 34. the supreme court held that: "it is apparent from the reasoning recorded by the arbitral tribunal that it failed to consider section 73 and 74 of the indian contract act and the ratio laid down in fateh chand's case wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(5)ALD306; 1998(5)ALT213
..... kolleri, the partner of the partnership firm and, therefore, the full and final satisfaction deed is void? 16. under section 14 of the indian contract act, a consent is said to be free when it is not caused by coercion as defined in section 15, or undue influence as definedin section 16, or fraud as defined under section 17, or misrepresentation as defined under ..... to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. section 15 of the contract act defines coercion. it says that coercion the committing of any act or threatening to commit any act forbidden by the indian penal code or unlawfully detaining or threatening to detain any property to the prejudice of any person ..... whatever with the intention of causing any person to enter into an agreement. to attract the provisions of section 16 of the contract act, it must ..... a person is coerced into doing that which he or she does not desire to do, it is undue influence. coercion, therefore, should not be understood in the sence in which the term is used in section 15 of the contract act. if a person has influence over another and by that influence induces the will of the other to his subjection, then .....Tag this Judgment!
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 .....Tag this Judgment!