Court : Delhi
..... without looking into the defence. it is averred in the suit that kavi kumar was induced by coercion, undue influence, misrepresentation and fraud to enter into the family arrangement. a family arrangement is no doubt an agreement. section 19 and 19-a of the indian contract act, 1872 provide that an agreement consent to which is obtained by any of the aforementioned four means ..... . to prove a case of fraud, it must be proved that the representation made was false to the knowledge of the party making such representation. [see: pollock & mulla on indian contract & specific relief acts _ (2001) 12th edition page 489].35. in the present case, there was no specific pleading how the plaintiffs predecessor in title, kavi kumar was coerced, or fraud played ..... is voidable at the option of the party whose consent was so caused. thus, the family arrangement was voidable, in the terms of the pleadings in the suit, at the option of kavi kumar. section 31 of the specific relief act provides ..... voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. (2) if the instrument has been registered under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such-officer shall .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(2)ALD281; 2007(2)ALT477
..... different. the three factors, viz. coercion, fraud and misrepresentation, are dealt with under section 19 of contract act. the phrase 'undue influence' is defined under section 16, and it ..... consent is the hallmark and foundation of any agreement. substantial portion of the law of contract, is devoted to this aspect. legislature made an effort to identify the factors that tend to vitiate free consent. section 14 of the indian contract act, identifies five factors in this regard, viz; coercion, undue influence, fraud, misrepresentation and mistake. the consequences that flow from these factors, however, are ..... of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment. explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9of 1872), shall not be deemed to be lawful within the meaning of this rule.another significant development is the addition of rule-3-a, which bars suits to .....Tag this Judgment!
Court : Rajasthan
Reported in : 2000(4)WLC506; 2000(3)WLN113
..... price to the purchaser has not been provided in law. he invited attention to section 15 of the indian contract act: it was urged that no ingredients of coercion as envisaged therein is shown to exist to substantiate the claim of refund u/sec. 72 of the contract act also. he therefore, urged that plaintiff cannot claim refund of such excess price even if it is ..... ltd. & anr. vs. union of india & anr. (11); the word 'coercion' in sec. 72 contract act should not be given the same meaning as is found in the definition of that word in sec. 15. the word ..... section 72 has been used in more generic and wider sense than defined in section 15 of the contract act. section 15 defines the term 'coercion' only for the purpose of section 14 to determine as to when the consent cannot be said to be free. (41). it was said held in petlad bulakhidas mills co. ..... held to be recovered by the defendant no.1 from the plaintiff inasmuch as provision of section 72 of the contract act cannot be .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1978Cal407,82CWN437
..... the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section 16 or fraud as denned in rule 17 or misrepresentation as ..... or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent is so caused. a party to contract whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist ..... acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party ..... 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 is not necessary to deal with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following .....Tag this Judgment!
Court : Delhi
..... paid has also been negated.13. on the plea that late ms.anant verinder singh executed the memorandum of family settlement as a result of coercion, the learned single judge has referred to section 15 of the indian contract act, 1872 and the law declared in the decisions reported as air1951sc280bishundeo narain & anr. vs. seogeni rai & ors. and air2006sc3672ramesh b.desai & ors.vs. bipin ..... the subject whether the deed of family settlement was the result of coercion, as noted above the learned single judge has referred to the definition of coercion as per section 15 of the indian contract act, 1872, which reads as under: 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 ..... vadilal mehta & ors. to hold that pleas pertaining to coercion, fraud etc. must contain material particulars of the acts constituting coercion or fraud. the learned single judge has found no .....Tag this Judgment!
Court : Allahabad
Reported in : 2000(4)AWC2848
..... it was obtained by playing fraud and exercise of coercion. such a compromise is voidable under the provisions of the indian contract act. the explanation to rule 3 as quoted above, declares that a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the ..... meaning of rule 3. if the provisions of rule 3a are read with explanation to rule 3, it would be abundantly clear that a compromise obtained by playing fraud or exercise of coercion is not a ..... of litigation, etc. another circumstance or material evidence relied upon by the lower appellate court was that even though there were allegations of coercion and it was alleged that the police had forced the defendants to enter into compromise on threat of being implicated in certain cases, yet ..... has also submitted that the trial court had not recorded the finding on the question whether the compromise was obtained by playing fraud and exercising coercion. the lower appellate court should have, therefore, remanded this matter to the trial court,4. having heard learned counsel for the appellants and ..... re-appraised the evidence and recorded a finding of fact that the compromise decree was not obtained by playing fraud or by exercise of undue coercion upon the plaintiffs. the lower appellate court also held that the suit was not maintainable. the lower appellate court consequently dismissed the appeal.3 .....Tag this Judgment!
Court : Orissa
Reported in : AIR1997Ori77
..... his claim. in my view,' the provisions of section 72 of the indian contract act, 1872 provide the answer. this provision reads thus :'72. liability of person to whom money is paid or thing delivered by mistake or under coercion.-- a person to whom money has been paid, or anything delivered, ..... , be a claim falling under section 72 of the contract act, for it has been held in union of india v. steel stock holders syndicate, poona, air 1976 sc 879, that the indian railways act does not supersede the provisions of the contract act.19. the question which now arises for consideration is, ..... in the schedule of taxation act, a suit for recovery of excess money brought under section 72 of the contract act on the ground that it was paid under a mistake, was maintainable. similar would be the case if the amount is paid under 'coercion'' which word in the context ..... whether the railway administration can resist; the claim by taking recourse to the provisions of section 76a of the act (section 69 of the new act), which reads thus ..... kharagpur-tata-nagar-chakradharpur-rourkela covering a total distance of 1082 kilometres. however, in view of a notification issued under section 27a of the indian railways act, 1890, the central government had notified certain routes called 'rationalised routes' over which particular traffic had to be booked and accordingly, in .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1990Cal353,94CWN812,I(1991)DMC60
..... a decree of nullity on the ground that the consent of either party was obtained by coercion. the learned judge, however, took into consideration as to whether or not the consent had been obtained by fraud as defined under indian contract act. he referred to s. 17 of the indian contract act which defines fraud and took into consideration of the conduct of the parties both at ..... exert tremendous influence on jolly by taking advantage of the fiduciary relationship.16. mr. mukherjee has referred to illustration (b) of s. 17 of the indian contract act and also s. 111 of the evidence act. mr. mukherjee has contended that proof of good faith is essentially necessary in every transaction where one party is enjoying active confidence because of the fiduciary relationship ..... witnesses later on signed in her absence. mr. chatterjee has drawn the attention of the court to the provisions of the special marriage act. it is incumbent that the marriage registration officer would ensure between the contracting parties to the marriage as to whether or not they are marrying voluntarily. unless it is accepted that the marriage registration officer did not ..... 1986 and then they came to know that there was a formal marriage between herself and tapan under the provisions of special marriage act. jolly has alleged that tapan had practised fraud on her and there was also coercion and inducement made by tapan to her for signing the blank forms on the representation that such forms were necessary for the purpose .....Tag this Judgment!
Court : Delhi
..... air1959sc135the supreme court held as under : 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 ..... coercion, must repay or return it. 12. the legislative object behind section 72 of contract act is to prevent unjust enrichment. in mahabir kishore and ors. v. state of madhya pradesh air1990sc313 ..... owed by the former and due to the latter.11. in the above context, the provision contained in section 72 of the contract act, 1972 is relevant. it reads as under : 72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion. a person to whom money has been paid, or anything delivered, by mistake or under ..... by intent to deceive or defraud. by virtue of section 72 of the contract act, the customer receiving the money in such facts and circumstances is bound to repay or return it. on account of such obligation to repay or return the money received by mistake, or under coercion, such amount is rendered due from the customer to the bank and thus in .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1956All383; 7STC579(All)
..... statute is refundable except when the payment may be considered as voluntary. 15. the indian doctrine is embodied in section 72, indian contract act - 'a person to whom money has been paid, or anything delivered by mistake or under coercion, must repay or return it.' the section does not make any distinction between a ..... advocate general relies has no application in india; it founds its claim on section 72, indian contract act which provides that a person to whom money has been paid' or any-thing delivered, by mistake or under coercion, must repay or return it.' to this the advocate general replies that the state government ..... section 21, indian contract act which provides that a contract is not voidable because it was caused by a mistake as to any law in force in british india. 17. in some cases the only point considered was whether the tax which was round to be invalid was paid under coercion or voluntarily and ..... is not a 'person' within the meaning of this section and that the mistake to which the section refers must be a mistake of fact. 4. the word 'person' is not defined in the indian contract act, ..... not apply to the case of claim against 'the state' as the 'state' is not a 'person' within the meaning of section 72, indian contract act. whether or not the ruling of the privy council is binding on this court after the commencement of the constitution. i am in respectful agreement with .....Tag this Judgment!