Court : Mumbai
Decided on : Mar-10-1937
Reported in : AIR1938Bom97; (1937)39BOMLR1233; 173Ind.Cas.817
..... the confirmation deeds on the ground of threats and undue influence under sections 15 and 16 of the indian contract act. under 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 the prejudice of ..... test here, it seems to me that the present case does come within the definition of undue influence embodied in section 16 of the indian contract act. there are indian cases also to show that in similar circumstances courts have granted relief on similar grounds : see lakshmi doss v. roop laul; i.l ..... a position to dominate the will of the executant, as the third party's knowledge of the fiduciary relationship between the parties to a contract and the exercise of undue influence puts that party under the same disability as the other party who occupied the position of confidence : ..... the will was established. if such position is proved, and the transaction also appeared to be unconscionable, the burden of proving that the contract was not induced by undue influence would lie on the person in a position to dominate the will of the other. see raghunath prasad ..... any person whatever, with the intention of causing any person to enter into an agreement. under section 16 a contract would .....Tag this Judgment!
Court : Chennai
Decided on : Dec-07-1937
Reported in : AIR1938Mad493; (1938)1MLJ829
..... the indian contract act. section 72 of that act provides inter alia that a person to whom money has been paid under coercion must repay it. formerly, the view that prevailed in india was, that the word 'coercion' in this section meant the same thing as 'coercion' as defined in section 15 and therefore no act was coercion unless ..... make nonsense of the statute if it were to be taken to mean that 'coercion' in a legal sense could only exist if the object was to bring about a contract. indeed such an interpretation would render the act inconsistent with itself.3. then, after quoting section 72, which as already stated ..... enacts that a person to whom money has been paid under coercion must repay it, his lordship goes on to say ..... and lord dunedin re-affirmed this view, observing:the right here sought to be enforced is a statutory right expressed in terms of section 72 of the contract act, and this board has already held that the circumstances gave rise to a statutory right.' kanhaya lal v. national bank of india ltd. (1923) ..... earlier' decisions, merely upon justice and equity founded upon the english analogy, but is a statutory right expressed in terms of an indian act. what then is the true nature of the action brought to recover such money back? the person obtaining payment under force of execution proceedings, that .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-1937
Reported in : AIR1938Bom304; (1938)40BOMLR132
..... exercise of the donor's will.the corollary to that principle is contained in clause (3) to section 16 of the indian contract act. that clause is as follows :-where a person who is in a position to dominate the will of another, enters into a ..... there are sufficient indications of undue influence therein exercised upon the plaintiff by the first defendant although there have also been serious allegations of fraud and coercion with which it is unnecessary to deal at the present moment. what we are concerned to note is under what circumstances was the deed of gift ..... of gift was executed by the plaintiff voluntarily,' and ' whether the plaintiff proved that the deed of gift (exhibit 24) was taken from her by coercion and fraud as alleged,' and found them both in the defendant's favour.4. certain facts are indisputable in this case. the plaintiff-appellant was an infant ..... dated august 10, 1927, executed by the plaintiff in favour of the first defendant was void as it was obtained by undue influence, fraud and coercion, and for recovery of possession of a field and house comprised therein, together with mesne profits. the learned trial judge upheld the defence containing a ..... consent by reason of the fact that he is in a dominant position and has made a bargain. the principle has been well affirmed in several cases both of contract and of giftsee raghunath prasad v. sarju prasad , poosathurai v. kannappachettiar a.v. palnivelu v.neelavathi : (1937)39bomlr720 and rajaram v. khandu balu (1911) .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-29-1937
Reported in : AIR1938Bom54; (1937)39BOMLR1124; 173Ind.Cas.553
..... referred to by my learned brother, of which the parties were conscious, betraying a similar fraudulent design. in the language of section 23 of the indian contract act the consideration or object of an agreement is lawful, unless it is fraudulent; or involves or implies injury to the persons or property of another. ..... ' govern the application of the provisions of section 65 and they cannot be extended to all agreements which are void under section 24 of the indian contract act by reason of unlawful consideration or object. the illegality here is both in the matter of consideration and the promise itself as expressed in the ..... the real heir of nilava. the agreement also involves injury to the property of another as laid down in this section (section 23 of the indian contract act). a prosecution of forgery which was a non-compoundable offence was stifled by this agreement. whether the prosecution had been actually instituted or it was ..... judge framed seven issues of which the material issues now would be issues nos. 3, 4 and 5.4. issue no. 2 relating to coercion brought to bear upon the defendant was, found against the defendant and has net been discussed in the present appeal, the decree not having been sought ..... which he admitted to have executed was illegal and void and that the same was not executed by him voluntarily but was the effect of coercion brought to bear upon him by plaintiff no. 1's father who had launched a criminal complaint at the date of the agreement, presumably for .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-03-1937
Reported in : 169Ind.Cas.1002
..... tyogaraja mudaliyar v. vedaihanni , to the effect that section 92 of the indian evidence act only excludes oral evidence to vary the term of a written contract, and has no reference to the question whether the parties had agreed to contract on the terms set forth in the document, on which reliance was ..... of that court dismissing the plaintiff's suit cannot be supported.15. in the case before us, the question arising upon section 92 of the indian evidence act, regard being had to proviso (2) contained in that section, is as indicated above connected with the position the plaintiff wanted to establish by ..... mentioned in a registered sale-deed is inadmissible, and that if such a course was permissible, the protection afforded by section 92 of the indian evidence act would be completely nullified, is amply supported by the wording of the section itself, and is in consonance with the decision of courts; and ..... that the promissory note and the deed of agreement on which the plaintiff's claim was based, were the result of undue influence, fraud and coercion on the defendant, was not supported on behalf of the defendant-respondent. the questions argued in the appeal related only to the position whether ..... court that the promissory note and the deed of agreement were taken by the plaintiff's ammukhtear by the exercise of undue influence, fraud and coercion on the defendant. the appeal before the lower appellate court was allowed, and the judgment and decree of the trial court were set aside.9 .....Tag this Judgment!
Court : Allahabad
Decided on : May-13-1937
Reported in : AIR1937All701
..... on all important points and the suit was accordingly dismissed. it was held that the parties to a suit can validly agree, even apart from the indian oaths act, that they will abide by the statement of a witness, whether he is a party to the suit or not, and they can leave the ..... statement by which he had agreed to abide. it is no longer a question of the carrying out of a promise or the specific performance of a contract. the compromise must be deemed to have been carried out and accordingly the claim already adjusted. the court cannot therefore entertain an application to withdraw from ..... 10. farther on at page 1156 he observed:in my opinion, the true basis of the binding character of such an agreement is that the original contract to abide by the statement of a third person is perfected into an adjustment of the claim in terms of the statement made as soon as ..... the previous, agreement and to resile from it unless fraud, misrepresentation, coercion, undue influence or mutual mistake were established.11. it is argued by learned counsel for the applicant that since b, brij behari lal was authorized to ..... passed. the plaintiff appealed and it was contended on his behalf that the statement was neither a reference to arbitration nor a statement under the oaths act and was therefore not binding upon him; but it was held by this court that the parties could not be permitted to resile from the agreement .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-02-1937
Reported in : AIR1938Cal151
..... d 367 and in my judgment the principle applies in india, for, as i have held above, that the basis of the action under section 235, contract act, as it is in england is the implied warranty by the professing agent. applying these principles the position is this: that it defendant 2 was in fact ..... defendant 2 cannot be supported as the plaintiff has not proved such damage as he is required to do in a case falling within section 235, contract act. the first point is urged in the following manner by mr. gupta. he says that a subject has certain constitutional rights with corresponding constitutional duties imposed ..... the executants before they signed it. he accordingly made defendants 3 to 6 liable on the bond, and defendant 2 on the basis of section 235, contract act. defendants 2 to 6 have preferred this second appeal.7. mr. gupta raises two points, one affecting the whole case and the other a special one ..... decreed the suit. the first point taken in appeal by the learned advocate for the appellants is that the court of appeal below misapplied section 235, contract act, in holding defendant 2 liable for the sum claimed. it appears that defendant 2 signed the bond on behalf of his father, but the father afterwards ..... point raised by mr. gupta.12. regarding the second point, i am of opinion that defendant 2 cannot be sued on the contract. he represented that he had authority to act as agent of his father but in fact he had none. he does not thereby become the principal nor can be regarded as .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-1937
Reported in : AIR1938Cal308
..... in a district in which, and if they have been executed on or after the date on which, act no. 16 of 1864, or the indian registration act, 1866 or the indian registration act, 1871 or the indian registration act, 1877, or this act came or comes into force namely : (a) instruments of gift of immovable property; (b) other ..... mortgagees-appellant has in effect admitted, contains all the terms of the bargain. they have put themselves into the position of having entered into a contract between themselves and the defendants in writing and the writing was of such a character as calls for registration and so falls within the purview of ..... but that is not the law. where there is a writing which ought to have been registered that alone must be taken as being the contract between the parties and so is unenforceable in default of registration. the real question that has to be decided in this appeal and the one the ..... the facts of the case before him, be continued thus:if this memorandum was of such a nature that it could be treated as the contract for the mortgage and what the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which ..... 412 where the learned chief justice said:the rule with regard to writings is that oral proof cannot be substituted for the written evidence of any contract which the parties have put into writing. and the reason is that the writing is tacitly considered by the parties themselves as the only repository, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-06-1937
..... ; railroad co. v. peniston, 18 wall. 5; owensboro national bank v. owensboro, 173 u. s. 664 . [ footnote 2/9 ] railroad co. v. peniston, 18 wall. 5; indian territory oil co. v. board, 288 u. s. 325 , 288 u. s. 327 -328. [ footnote 2/10 ] thomson v. pacific railroad, 9 wall. 579; western union tel. ..... appellee pursued the activities which are the subject of the exaction. mr. justice mcreynolds, mr. justice sutherland, and mr. justice butler join in this opinion. [ footnote 2/1 ] indian motocycle co. v. united states, 283 u. s. 570 , 283 u. s. 575 ; board of trustees v. united states, 289 u. s. 48 , 289 u. ..... tax did not vary in amount with the price received for the tobacco, and was not in terms upon its sale. upon this ground, the indian motocycle co. case and the panhandle case were distinguished. it may be conceded that often it is difficult to determine whether a tax is laid upon ..... test is whether the taxing statute discriminates against the government and in favor of other taxpayers. he frankly admits that, if the proposed criterion be adopted, we must overrule indian motocycle co. v. united states, 283 u. s. 570 ; panhandle oil co. v. mississippi ex rel. knox, supra, and graves v. texas co., 298 ..... question here is as follows: "upon every person engaging or continuing within this state in the business of contracting, the tax shall be equal to two percent of the gross income of the business. [ footnote 2 ]" acts w.va.1933, 1st ex.sess., c. 33, 2(e). the tax was in addition to other .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-24-1937
..... of the federal law may operate to induce the state to pass an employment law if it regards such action to be in its interest. but that is not coercion. if the act stopped here, i should accept the conclusion of the court that the legislation is not unconstitutional. but the question with which i have difficulty is whether the administrative provisions ..... still be valid. we are to keep in mind steadily that the conditions to be approved by the board as the basis for a credit are not provisions of a contract, but terms of a statute, which may be altered or repealed. 903(a)(6). the state does not bind itself to keep the law in force. it does not even ..... ) that there was an attempt to regulate production without the consent of the state in which production was affected, and (3) that the payments to farmers were coupled with coercive contracts (p. 297 u. s. 73 ), unlawful in their aim and oppressive in their consequences. the decision was by a divided court, a minority taking the view that the objections were ..... of the act invade the governmental administrative powers of the several states reserved by the tenth amendment. a state may enter into contracts; but a state cannot, by contract or statute, surrender the execution, or a share in the execution, of any of its governmental powers either .....Tag this Judgment!