Court : Allahabad
Reported in : AIR1926All50
..... these words, therefore, must be read as adding grounds ejusdem generis with those specified previously. under section 19 of the indian contract act agreements which are made under fraud, undue influence, coercion or misrepresentation are only voidable and not absolutely void. the victimized party has the choice of either enforcing the agreement or ..... the principle laid down therein was of general application. the compromise in the present case, assuming that it had been made under undue influence or coercion, was merely a voidable document and was good so long as it had not been avoided. the judge had perfect jurisdiction to pass a ..... by arrest of manohar singh and having brought him to court under arrest on november the 6th got him, under the circumstances of undue influence, coercion in which he was placed, to admit the plaintiffs' claim. the learned subordinate judge began his findings by remarking: 'the applicant himself is ..... or undue influence. the application for review alleged undue influence. the review has been granted upon a general finding apparently of fraud, undue influence, coercion, etc.2. a preliminary objection is taken that no appeal lies; that it is barred by order 47, rule 7, in that none of ..... a regular suit.15. a person who is not a free consenting party and is acting under undue influence or coercion, knows full well the circumstances in which he is placed. when the undue influence or coercion is removed it cannot be said that he has made a discovery of new and .....Tag this Judgment!
Court : Kerala
Reported in : 108ITR120(Ker)
..... under a mistake of law. 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 monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled ..... in the ordinary course of business of the state will not make any difference to the position and under the plain terms of section 72 of the contract act the assessee will be entitled to recover back the monies paid by him to the state under mistake of law. but for a civil court to ..... . no distinction can be made in respect of a tax liability and any other liability on a plain reading of the terms of section 72 of the contract act. the term 'mistake', used in that section, has been so used without any qualification or limitation whatever and comprises within its scope a mistake of law ..... payment for his land. and the matter may be viewed in either of two ways, according to the terms of the contract act, ix of 1872, or according to the terms of the limitation act, xv of 1877.'we do not think this decision in any way helps the plaintiff to get over the bar of limitation ..... defendant, dhum singh, refused to refund the amount, for which an allowance in the 'sale consideration' had been made, although in consequence of his own acts, the contract of sale had been declared by the high court not to be enforceable and inferring that the cause of action had arisen on the date of the .....Tag this Judgment!
Court : Chennai
Reported in : (1972)2MLJ630
..... of a free exercise of independent will and there is a presumption of undue influence and coercion on the facts and circumstances of this case. section 16 of the indian contract act defines 'undue influence' as follows:(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties ..... was executed by undue influence is not supported by evidence and the finding of the trial court that it was not executed by undue influence or coercion is correct.7. for the foregoing reasons, the second appeal is allowed, the judgment and decree of the lower appellate court are set aside ..... spoken to the execution and attestation of the document. there is no other evidence to show that the document is vitiated by any undue influence of coercion. the mere existence of relationship alone is relied on by the learned counsel for the respondent in support of his plea that the document was executed ..... the finding of the trial court held that exhibit b-3 was not a valid document, that it must have been obtained under undue influence and coercion and that in any case the conditions for a valid gift are not satisfied and that, therefore, there was no valid gift of the share ..... unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.nothing in this sub-section shall affect the provisions of section in of the-indian evidence act, 1872.unless it is shown here that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 27STC191(AP)
..... coercion as defined in section 15 of the act. in spite of the compulsion, the agreement is neither void nor voidable. in the eye of the law, the agreement ..... agreement is recorded in writing and is signed by the parties. the consent of the occupier of the factory to the agreement is not caused by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as denned in section 14 of the indian contract act though he is obliged by law to enter into the agreement. the compulsion of law is not ..... object and is not void under any provisions of law. the agreements are enforceable by law and are contracts of sale of sugarcane as denned in section 4 of the indian sale of goods act. the purchases of sugarcane under the agreement can be taxed by the state legislature under entry 54, list ii. see state of rajasthan ..... is freely made. the parties are competent to contract. the agreement is made for a lawful consideration and with a lawful .....Tag this Judgment!
Court : Chennai
Reported in : 48STC69(Mad)
..... of law. 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 monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, ..... and australia that money paid under a mistake of law could not be recovered and that that was also the intendment of section 72 of the indian contract act. ...... there is no warrant for ascribing any limited meaning to the word 'mistake' as has been used therein and it is wide enough ..... court has no jurisdiction to entertain the suits. 42. in sales tax officer v. kanhaiya lal : 1scr1350 , after extracting section 72 of the indian contract act, their lordships of the supreme court have observed : 'the term 'mistake' has been used without any qualification or limitation whatever and comprises within its scope ..... the writ petitions filed by the defendants do not constitute res judicata and that the amounts refunded could be recovered and section 72 of the indian contract act is applicable. 11. we shall first note what was decided by this court in larsen and toubro limited v. joint commercial tax officer ..... end of each of the assessment years. 10. it was further contended that the amount refunded cannot be recovered under section 72 of the indian contract act. on the other hand, it was submitted on behalf of the respondent that no reassessment is necessary, particularly having regard to the scope of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; 60STC142(Kar)
..... coercion as defined in section 15 of the act. inspite of the compulsion, the agreement is neither void nor voidable. in the eye of the law, the agreement is ..... agreement is recorded in writing and is signed by the parties. the consent of the occupier of the factory to the agreement is not caused by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as defined in section 14 of the indian contract act though he is obliged by law to enter into the agreement. the compulsion of law is not ..... they are inconsistent with the express provisions of the later act. section 2 of the indian contract act provides that when one person signifies to another his willingness to do or to abstain ..... , expressed thus : '(4) under section 4(1) of the indian sales of goods act, 1930 a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. by section 3 of the this act, the provisions of the indian contract act, 1872 apply to contracts of sale of goods save in so far as .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(4)ALD352; 2001(4)ALT492
..... the court may set aside any such contract either absolutely, or if the party who was entitled to avoid it has received ..... agreement is caused by coercion, the agreement contract is voidable at the option of the party whose consent was so caused, and ..... is not caused by any coercion, fraud or misrepresentation, and therefore, it cannot be said that ex.b14 is a void document. it is not the case of the plaintiff that there is any coercion brought to, bear upon her and that any fraud or misrepresentation had been practised upon her. under section 19-a of the indian contract act, when the consent to an ..... reliance on a judgment of the privy council in gangamoyi debi v. troiluckhya nath chodhry, vol. xxxiii indian appeals 60, wherein the privy council held as follows:'.....the registration is a solemn act, tobe performed in the presence of a competent official appointed to act as registrar, whose duty it is to attend the parties during the registration and see that the proper .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1963Raj198
..... is located in chapter v of the said act, the title where is very significant, namely, 'of certain relation resembling those created by contract'. for the various situations in which relations of this kind come ..... the present suit on account of overpayment made to the defendant. section 72 of the indian contract act lays down that 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 say to whom the repayment ..... be made to section 20 of the indian contract act. therefore, the liability which arises under section 72 is not dependant on the existence of a contract but arises on account of an advantage taken by a person due to a mistake of or coercion on another. both the courts below ..... indian contract act has for its foundation the doctrine of equity that whatever has been done under a mistake has to be repaired. that being the position of law the only question is who has the right to claim the repayment or return of money of anything delivered by mistake or under coercion.section 72 of the indian contract act ..... restitution, without specifying the party to whom restitution has to be made. the enforcement of the liability arising under section 72 of the indian contract act is available to a person injured due to the failure to discharge the liability. such a question was not before their lordships of the .....Tag this Judgment!
Court : Chennai
Reported in : (1906)16MLJ178
..... papamma row was coerced according to the definition of 'coercion' in the indian contract act, into making the adoption, the 'coercion' here being 'criminal intimidation' as defined in section 503 of the indian penal code.93. now the question arises whether this coercion voids the arrangement or only makes it voidable. no authority ..... is quoted to us showing that under the 'hindu law' an adoption made under coercion is ipso facto void, and under the law of contracts ..... question in dispute. the question in dispute is not one of foreign law and we are not aware of any provision of the indian evidence act or other law which renders such evidence admissible in a case like the present.112. we are of opinion that the adoption ..... the same day were his genuine signatures. this opinion is relevant and admissible as proof of the signatures under 47 of the indian evidence act since the witness from seeing pattahs and other papers signed by the testator in the ordinary course of his duty as karnam ..... of papamma row and it is more than 30 years old. it is therefore open to the court under section 90 of the indian evidence act to presume that it is genuine. there is however ample evidence on which to determine the genuineness of the will so that .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(4)AWC4102
..... word 'free consent' has been defined under section 14 of the indian contract act, 1872. the word 'coercion' has been defined under section 15 of the indian contract act, 1872. the word 'undue influence' has been defined under section 16 of the indian contract act, 1872. the word 'misrepresentation' has been defined under section 18 of the indian contract act, 1872.17. in view of the aforesaid provisions since the plaintiff- ..... speak, or unless his silence is, in itself, equivalent to speech.15. section 19 of the indian contract act, 1872 reads as under:section 19. voidability of agreements without free consent.- 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 was so caused.a party to ..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or ..... the thrust of his argument is that a suit for cancellation of sale deed is filed under sections 31 and 33 of the specific relief act on the ground of fraud undue influence etc. the word 'fraud' is defined under section 17 of the indian contract act, 1872 which reads as under:17. 'fraud' defined.- 'fraud' means and includes any of the following .....Tag this Judgment!