Court : Chennai
Reported in : 97ITR37(Mad)
..... impression that the demand related to her own assessment, that in any event, the payment should be taken to have been made under coercion and that, therefore, the plaintiff is entitled to invoke section 72 of the indian contract act and recover the suit amount. the court below also held that the suit is maintainable in a civil court for the reliefs claimed and ..... been made in america. the court had observed :'on a true interpretation of section 72 of the indian contract act the only two circumstances there indicated as entitling the party to recover the money back are that the moneys must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled to recover the ..... that section 67 of the income-tax act is not a bar. it further held that the suit is not barred by limitation as the claim for refund on the ground of coercion would fall ..... legal representative of her husband to discharge her legal liability as alleged by the defence or whether the plaintiff paid the suit amount on account of coercion as alleged ?(3) whether section 72 of the contract act can be invoked by the plaintiff in this case to get a refund of the suit amount ?(4) whether the suit is barred by limitation as .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... ground has been made out by it therefor. he is not able to show that the same was procured by coercion or fraud. whenever a coercion or fraud is to be proved within the meaning of the provisions of section 17 of the indian contract act, the same requires specific pleading. in this case, there is none. it may be true that the respondent had ..... code (xlv of 1860), was not in force at the time when or place where the act was done. for the purpose of proving coercion so as to make a contract voidable as is required under section 19 of the indian contract act, in our opinion, the particulars thereof are required to be pleaded. except stating that the respondent had threatened that unless he signed the ..... parties thereto unless it is void or voidable at the instance of one of them. a contract should be with free consent of the parties. in terms of section 14 (1) of the indian contract act, consent would not be free when inter-alia it is caused by coercion as defined in section 15 thereof. we may notice the definitions of the terms free consent ..... and coercion : 14. free consent defined.consent is said to be free when it is not caused by .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(4)ALD370
..... finds that the allegations of fraud and coercion are not specifically pleaded or proved, much time need not be ..... consent', 'coercion'', 'undue influence', 'fraud', and 'misrepresentation'. as this court ..... relinquishment cannot be valid.66. a contract entered into by a person without full knowledge or purport of such contract, or a contract without proper consideration (except in exceptional cases), is void or voidable at the behest of victim of such coercion or undue influence. but, a contract vitiated by fraud suffers from incurable defect. sections 13 - 18 of the indian contract act, 1872 define/describe 'consent', 'free .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1969Kant230; AIR1969Mys230
..... coercion referred to in this section or in the above illustration is 'with the intention of causing any person to enter into an ..... section. that exclusive definition cannot assist the interpretation of section 72 of that act. that that is so was explained by lord moulton in seth kanhaya lal v. national bank of india (1913) 40 ind app 56 (pc). discussing the meaning of the word 'coercion' occurring in section 72 of the indian contract act, lord moulton said this:'it is impossible to contend that the ..... agreement. the word 'coercion' must therefore be used in its general and ordinary sense as an english word, and its meaning is not ..... amount paid was no longer with him or that he was himself coerced by another to exert duress or compulsion upon the person seeking restitution. 'coercion' within the meaning of section 72 of the contract act is a wrongful act producing liability to restitution which that section statutorily enjoins. the liability to make that restitution is absolute, and there is nothing in that section .....Tag this Judgment!
Court : Delhi
Reported in : 2006(2)CTLJ159(Del); 2006(91)DRJ471
..... :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 ..... plea has been raised in the written statement. i do not find any pleadings in the written statement showing in what manner coercion was given effect to, if at all. coercion as defined under section 15 of the indian contract act 1872 and as generally understood in law is by threatening the victims person or his property. the statements made by the defendant during ..... 2 limbs. the first is whether there was coercion upon the defendant when his signatures were obtained on ex.pw-1/1 and the second limb is whether there was undue influence exercised by the plaintiff when defendant signed ex.pw-1/1.39. section 15 and 16 of the indian contract act 1872 define coercion and undue influence respectively. they read as under ..... language of section 16 of the indian contract act 1872 shows that existence of a subsisting relationship where one party is in a position to dominate over the will of the other has to be established before establishing that an unfair advantage has been obtained by a party. the common law principles relating to duress, undue influence, coercion etc. rest on the principle of .....Tag this Judgment!
Court : Kerala
Reported in : 2003(2)KLT536
..... document. moreover there is no case that any case would be registered against rossa unless she executes the document.11. under section 15 of the indian contract act 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 any person whatever, with the intention of causing ..... had committed an offence not to register a case and punish him and to agree for such an arrangement also is an illegality. illustration (h) to section 23 of the indian contract act reads as follows:'a promises b to drop a prosecution which he has instituted against b for robbery, and b promises to restore the value of the things taken. the ..... . the further question is whether ext.a-1 can be enforced between the first plaintiff and defendant and whether there is consideration for the same, section 2(d) of the indian contract act states as follows:'when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises ..... the original agreement must be parties to the subsequent agreement also. section 62 of the indian contract act only states that if the parties to a contract agree to substitute a new contract for it or to rescind or alter it, the original contract need not be performed. illustration (a) to section 62 of the contract act reads as follows:'(a) a owes money to b under a .....Tag this Judgment!
Court : Gujarat
Reported in : 1984(3)ECC25; 1983(14)ELT1763(Guj); (1983)2GLR1108
..... ]1scr1350 at page 143 in para 27 : 'on a true interpretation of s. 72 of the indian contract act the only two circumstances there indicated as entitling the party to recover the money back are that the monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled to recover the monies ..... be held to be coercive recovery. as far as the first proposition is concerned, we agree that there should be some element of compulsion and coercion should not be understood as defined in section 15 of the contract act. but as discussed hereinabove, in this case necessary compulsion is neither pleaded nor proved. in support of the other proposition - that once the tax ..... from making submission in this behalf for the first time at this stage. 15. it is true that meaning of 'coercion' as defined under section 15 of the contract act cannot be imported while interpreting the provisions of section 72 of the contract act. but, that does not mean that no element of compulsion is required to be pleaded and proved by the plaintiff while ..... be sustained. 14. the counsel for the plaintiff-company then relied upon the second plank of the provisions of section 72 of the contract act and submitted that the payment should be held to have been made under coercion. again the counsel relied upon the same averments made in paragraphs 3 and 4 of the plaint which have been referred to hereinabove. reliance .....Tag this Judgment!
Court : Chennai
Reported in : (1883)ILR6Mad254
..... dismissed. the suit was brought to set aside certain documents on the ground that they had been obtained by coercion. but upon the trial it was found that there had been no such coercion as would justify the avoidance of the contracts under the indian contract act, section 15; and in appeal, and second appeal, the plaintiff has taken up new ground, and has pleaded, ..... not so much coercion as fraud, and want of consideration. these grounds having been taken for the first time on appeal, ..... section 2973 of the indian penal code, and, if it could be shown that these unlawful acts were done with the intention of inducing the plaintiffs to enter into the documents now sought to be cancelled and that the documents were in consequence executed, the acts of the defendants would amount to coercion under section 15 of the contract act, and the contract would be voidable. ..... the house was sold.26. therefore no ground has been shown for avoiding the contracts, or for setting aside the documents in question.27. the second appeal must be dismissed with costs.1' coercion' defined.[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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!