Court : Delhi
Decided on : Apr-18-2001
Reported in : AIR2001Delhi402; 92(2001)DLT67; 2001(59)DRJ270
..... but also forced to part with his entire belonging s for a paltry sum of rs. 90,000/-. 9. section 15 of the indian contract act defines 'coercion' as under:'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 intention of causing ..... clearly an act of coercion which would fall within the mischief of section 15 of the indian contract act. going by the events which were happening in the emergency days, it cannot be ruled out ..... which clearly proved the case of the plaintiff. thus the singing of possession letter was clearly illegal and have no consequence in view of provisions of section 15 of the indian contract act. the reliance was also placed on the judgment of the privy council in the case of barton v. armstrong & ors. (1975) 2 all elr 465. 3. since, according to the ..... any person to enter into an agreement.'10. a person is not bound by any act done by him under duress or coercion. the threat of detaining under misa was .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-27-2001
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 : Kerala
Decided on : Jun-21-2001
Reported in : AIR2001Ker305
..... the result of fraud, the document is ineffective.8. s. 19 of the indian contract act deals with the effect of fraud. according to this section, 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.9. it ..... seeking relief of declaration that a document was invalid and for cancellation of two documents. the suit was under s. 53 of the transfer of property act. along with an application for amendment of the plaint to change the prayer from setting aside the two fraudulent documents as one to declare that the ..... the document is void was maintainable in which case the court fee payable was only under s. 25(b) and not under s. 40 of the act. the position here is different in so far as the disputed documents, admittedly stand in the name of the plaintiff and the signatures therein are admitted.5 ..... ' contention and directed the plaintiff to pay court fee under s. 40(1) of the kerala court fees and suits valuation act.3. on the day the suit was taken up for payment of court fee as above, the plaintiff submitted before the trial court that the order ..... paid was insufficient and that actually setting aside of the two documents is required for which court fee is payable under s. 40 of the court fees act and not under s. 25(b). the question was considered as a preliminary point and as per the impugned order, the trial court accepted the defendants .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-21-2001
Reported in : AIR2001SC1178; JT2001(3)SC128; (2001)ILLJ1115SC; 2001(2)SCALE171; (2001)3SCC332
..... of the respondent no. 1 were, therefore, terminated on 10th august, 1977. 6. respondent no. 1 filed a suit under section 55(2) of the madhya pradesh co-operative societies act, 1960, for setting aside the order of dismissal. respondent no. 1 claimed the reinstatement with back wages. the assistant registrar held on evidence that the respondent no. 1 was guilty .....Tag this Judgment!
Court : DRAT Delhi
Decided on : Nov-21-2001
..... coercion and threat for they enjoyed a dominant position of a banker; that the respondent bank compelled the applicants to act against their will and made them sign the compromise deed and got the same decreed by the tribunal; that the compromise deed is void ab initio as it incorporates various penalty clauses and thus violative of the provisions of indian contract act ..... of the respondent bank).11. in the aforesaid circumstances, i am not agreeable to accept the pleas of the appellants that any fraud, coercion or influence was exercised upon them to sign the compromise deed and to sign the joint application for compromise decree moved before the tribunal ..... as the same were made on the basis of a resolution passed by circulation and after the date of the alleged conclusion of a contract by acceptance in writing of the demanded loan amount; that the loan advanced was legally unenforceable in any court of law in view ..... of a bar created by the applicable substantive provisions of the companies act; that even if there was a debt against the appellants, the same was not legally recoverable with the alleged borrowings have been made ..... lending was illegal and ultra vires the provisions of the companies act; that ultra vires loans do not create any relationship of debtor and creditor; that the directors of the company were not competent to enter into any contract with the respondent bank; that the respondent bank misled the .....Tag this Judgment!
Court : Kolkata
Decided on : May-25-2001
Reported in : AIR2002Cal65
..... also the evidence of mr. g. k. chowdhury in question nos. 557. and 558. the ld. counsel for the claimant citing sections 21 to 24 of the indian contract act, further argued that the said contract involves reciprocal promises. he also argued that the claimant being an ssi unit was not in an unequal bargaining position with the respondent. however, while concluding the argument ..... present claimant'. while arguing, the respondent explained various provisions of the indian contract act, including sections 21 to 24 as relied on by the claimant. it was argued that the contract which contains clauses opposed to public policy is void ab inltio as per section 23 of the indian contract act whereas section 19 of the indian contract act empowers the party which is affected by coersion, fraud, misrepresentation, etc ..... . to avoid the contract being voidable. hence, the claimant could either avoid the contract under section 19, whatever might be the reasons or he could have simply declared the contract as void under section 23 if in his .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-26-2001
Reported in : AIR2001SC1968; II(2001)BC304(SC); 105CompCas385(SC); JT2001(4)SC133; (2001)2MLJ97(SC); 2001(3)SCALE53; (2001)4SCC713; 2SCR714; 2001(2)LC1031(SC); (2001)2UPLBEC1
..... state of goa, daman & diu and an earlier statute thus stand altered, as the latter is expressed in affirmative language, more so by reason of specific application of negotiable instrument act and indian contract act: it thus cannot but be said to be repealing by implication - 'affirmative statute introductive of a new law do imply a negative' [(harcourt v. fox 1693) 1 show. 506 ..... goa, daman and diu (laws) no.2 regulation, 1963 (regulation 11 of 1963), provisions akin to those contained in regulation 12 are found under which the indian contract act, sale of goods act and transfer of property act were brought into force in the union territory from 1st november, 1965 and 1st december, 1965 respectively. the situation thus emerge having regard to the two regulations ..... civil code, in our view, could not be read to be providing a distinct and separate period of limitation for a cause of action arising under the indian contract act or under the negotiable instrument act since the civil code ought to be read as one instrument and cause of action arisen therefrom ought only to be governed thereunder and not otherwise. the entire ..... high court in the last noted decision placed reliance on articles 689 and 690 of the portuguese code which provides for special period of limitation in case of error and coercion respectively, and thus drawing analogy therefrom, came to a conclusion that the law as enunciated by the learned single judge in ganoxama's case (supra) cannot but be termed to .....Tag this Judgment!
Court : Allahabad
Decided on : May-14-2001
Reported in : 2001(3)AWC1978
..... 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 ..... a document executed without free consent or one which is without consideration or the object ofwhich is unlawful or executed by a person not competent to contract like a minor or in excess of authority would be a void document. in case it is in excess of authority it would be void to ..... books the facts of its cancellation.' in respect of voidable documents, it was observed as under :'so far as voidable documents like those obtained by practising coercion, fraud, misrepresentation, undue influence etc., are concerned, their legal effect cannot be put to an end without its cancellation. but a void document is not ..... are entertainable only by a civil court and no revenue court or any other court can entertain such a suit.section 31 of the specific relief act reads as under :'(1) any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left ..... allegations that the land in dispute is sir land. he was born prior to the enforcement of u. p. zamindari abolition and land reforms act (in short the 'act'). he being a coparcener acquired rights in the sir land by the birth. his father sadanand married smt. israji, who is stepmother of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-09-2001
Reported in : 2002(3)ALD351
..... their man objection to the nominations was that the signatures of late chandramma were obtained through misrepresentation. 16. under section 19 of the indian contract act, misrepresentation is one of the grounds for rendering a contract voidable. any contract, which is vitiated on account of misrepresentation, is voidable at the instance of the party whose consent was so caused. misrepresentation is ..... caused.' admittedly, the plaintiffs are not parties to the contract. it has already been held that they are not the legal representatives of late chandramma ..... itself, which provides 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 was so ..... to invalidate the nominations. 17. misrepresentation or other factors affecting the free consent, such as coercion, undue influence, fraud, etc., are matters of concern for the parties to the contract. the party may include the legal representatives. a 3rd party to a contract cannot raise any objection on these aspects. this is evident from the reading of section 19 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-12-2001
Reported in : 2002(1)ALD154
..... not. as held in atlas export industries ( supra), the suit agreement prima facie is covered by exception 1 to section 28 of contract act, even if the suit agreement is governed by the indian law. therefore, merely because arbitration has to take place in a foreign country, to which forum parties, with their eyes wide open, ..... or binding on it. its specific case is that the suit agreement is vitiated by fraud. as per section 19 of the contract act, even if indian law is applied to the suit agreement, if it is vitiated by fraud it is only a voidable, but not a void ..... to be valid. if the contention of the 1st respondent that the suit agreement was vitiated by fraud is accepted, as per section 64 of the contract act, 1st respondent has to restore the benefit if any received by it from the appellant to the appellant. in a suit for declaration that the suit ..... they are capable of being certain, the suit agreement is not void as contended by 1st respondent in the plain, in view of section 29 of the contract act, which lays down that agreement, the meaning of which is not certain or capable of being made certain only are void, and relied on bai mangu ..... lal singh (supra) and yog raj case (supra) relied on by the learned counsel for appellant, it is held that parties pleading fraud, undue influence and coercion must set forth full particulars and give specific circumstances relating to the fraud played or misrepresentation practised and that general allegations, however strong the words may be, .....Tag this Judgment!