Court : Delhi
Decided on : Aug-21-2006
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 : Andhra Pradesh
Decided on : Mar-27-2006
Reported in : 2007(2)ALD643; 2007(4)ALT409
..... judgment. there is nothing on record to show that either the deceased or the first defendant took such a plea. section 15 of the indian contract act, 1872, defines 'coercion' as:committing, or threatening to commit, any act forbidden by the indian penal code (xlv of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the ..... intention of causing any person to enter into an agreementso, it is clear that seeking attachment before judgment, does not fit into the definition of 'coercion'. since it is not ..... the case of defendants that plaintiff committed any of the acts mentioned in the above section, it cannot be said that ex. a1 was obtained by coercion.18. question of plaintiff exercising 'undue influence' either on the deceased or on the first ..... court after carefully considering the entire evidence on record negatived the contentions of the defendants and held that plaintiff is always ready and willing to perform his part of the contract, and as i find no grounds to differ with the conclusions reached by the trial court, i hold that the plaintiff is entitled to the relief of specific performance .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-24-2006
Reported in : 2006(2)ALD251; 2006(3)ALT394
..... rights, statutory rights can be waived. while the petitioners would contend that this agreement was under coercion and is opposed to public policy and as such is void under section 23 of the indian contract act, it is not necessary for us to examine this aspect, since it is well settled that statutory ..... waive an illegality is void on grounds of public policy and would be unenforceable. waman shrinivas kini v. ratilal bhagwandas and co. : air1959sc689 .16. coercion or otherwise, the statutory provisions of rule 7(4), of the rules in g.o, ms. no.29 dated 5.2.1987, which is in ..... the rival contentions, it is necessary to take note of the relevant statutory provisions. the a.p. private educational institutions grant-in-aid (regulations) act, (act 22/88), came into force with effect from 22.7.1985. section 3 thereof deals with regulation of grant-in-aid to private educational institutions ..... sections of the 1st respondent college being given scales of pay equivalent to that of government scales.19. a perusal of the provisions of act 22/88 reveals that the entitlement of grant-in-aid is on compliance of the conditions prescribed in the grant-in-aid code and other ..... has not been so admitted.12. in exercise of the powers conferred by sections 20 and 21 read with section 99 of the andhra pradesh education act 1982, the andhra pradesh educational institutions (establishment, recognition, administration and control of institutions of higher education) rules, 1987 were made and notified in g .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-27-2006
Reported in : (2006)2CALLT600(HC),[2006(111)FLR214]
..... by the person who paid such amount by. mistake from the person who received such payment under section 72 of the indian contract act which provides that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.17. mr. banerjee further contended that in view of the aforesaid decision of the hon'ble ..... . union of india and ors. (supra) makes it clear that equitable considerations cannot be held to be irrelevant where a claim for refund is made under section 72 of the indian contract act.32. on careful perusal of the decisions of the hon'ble supreme court cited by mr. bhattacharya, as aforesaid, it appears to this court that in all those decisions, the ..... excess by mistake can be recovered by the person who paid such excess amount by mistake from the person to whom such payment was made under section 72 of the indian contract act.29. mr. banerjee strongly relied upon the said decision of the hon'ble supreme court to support the action of the concerned respondent.30. unfortunately mr. banerjee lost sight of ..... the larger bench of the hon'ble supreme court in the case of sales tax officer v. kanhaiyalal reported in : 1scr1350 wherein the effect of section 72 of the indian contract act was dealt with meticulously.16. by relying upon the said decision, mr. banerjee submitted that if any amount is paid either by mistake of law or by mistake of fact .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-18-2006
Reported in : AIR2006All156; 2006(2)AWC1295; 2007(2)CTLJ358(All)
..... the party whose consent was so caused. a party to a contract, whose consent was caused by ..... section 45 of the insurance act are not applicable to the present case. the matter is governed by section 19 of the indian contract act, which runs as under;19. when the consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract viodable at the option of ..... party on whom such fraud was practiced, or to whom such misrepresentation was made, does not render a contract viodable.''misrepresentation' as defined under section 18 of the contract act means and includes-(1) the positive assertion, in a manner not warranted by the information of the person ..... made had been true.exception-if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not viodable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.explanation ..... fraud or misrepresentation, may, if the thinks fit, insist that the contract shall be performed, and .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-09-2006
Reported in : AIR2007Raj49; RLW2007(1)Raj566
..... to as 'the contract act', for short) defines the term 'free consent' as consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake. 'consent is said to be caused when it would ..... conditionally.11. since the concept of contract is the basis of marriage, the principles of a valid contract would be applicable to the relinquishment. thus, the relinquishment should be made voluntarily. it should not be induced by duress, fraud, misrepresentation, undue influence or mistake. it should be made with free consent. section 14 of the indian contract act, 1872 (henceforth to be referred ..... not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.' ..... in case the consent is free and other elements of a valid contract are satisfied, the contract is binding on the parties.12. since the right to relinquish the dower exists, the right can be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-13-2006
Reported in : AIR2007SC119; 2006(2)CTLJ233(SC); JT2006(12)SC185; 2006(9)SCALE181; (2006)10SCC236
..... from the above observations of this court, once the state or an instrumentality of the state is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of article 14 of the constitution of india. therefore, if by the ..... exempt from their applicability the properties owned by the government, semi-government or public bodies, government-owned corporations, trusts and other instrumentalities of state....non statutory contracts have, however, been treated differently. [see bareilly development authority and anr. v. ajai pal singh and ors. : 1scr743 .18. a distinction ..... the touchstone of the tests laid down by the court with special reference to a given case. this position is well settled in the indian administrative law. therefore, to a limited extent of scrutinising the decision-making process, it is always open to the court to review the ..... is also made between performance of a statutory duty and/or dealing of a public matter by a state and its commercial activities. [see indian oil corporation ltd. v. amritsar gas service and ors. : (1991)1scc533 and l.i.c. of india v. escort ltd. : 1986(8)ecc189 .19 ..... in all cases involving disputes questions of facts, the party should be relegated to a civil court.14. in mahabir auto stores and ors. v. indian oil corporation and ors. : 1scr818 , this court observed:.it appears to us that rule of reason and rule against arbitrariness and discrimination, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-13-2006
Reported in : AIR2006SC3340; [2006(111)FLR753]; JT2006(12)SC73; 2006(9)SCALE362; (2006)10SCC258; 2006(2)LC1248(SC)
h.k. sema, j.1. the challenge in this appeal is to the order dated 24.9.2003 passed by the division bench in special appeal (writ) no. 707 of 2002. by the aforesaid order the division bench set aside the order dated 17.9.2002 passed by the learned single judge directing the respondent government to pass an order within a period of one month to facilitate the re-employment of the writ petitioner (the appellant herein) from 4.11.1992. the learned single judge further directed that the appellant shall not be entitled to the benefits which he agreed to forego by submitting undertaking dated 22.3.1993.2. background facts :the appellant was a reader/court master in the magistrate court. he is stated to be member of scheduled caste, to contest the election held in 1990 he tendered his resignation on 27.1.1990 which was accepted on 28.1.1990. the appellant was thereafter relieved from the post on 29.1.1990. he in fact filed nomination as a candidate but subsequently withdrew on 2.2.1990. by a petition dated 12.2.1990 addressed to the district judge he prayed for retaining the post which was rejected by the district judge. thereafter, it appears that he filed a writ petition before the high court which was disposed for conducting an enquiry. an enquiry committee was constituted on the administration side. the committee submitted its report on 26.6.1991. we are not concerned with all these. suffice it to say that after exchanging various correspondences between the government and the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-11-2006
Reported in : (2007)1GLR850(SC); JT2006(12)SC34; (2007)1MLJ306(SC); 2006(9)SCALE147; 2006(2)LC1262(SC)
..... made by this court in the regional manager and anr. v. pawan kumar dubey : (1976)iillj266sc , and ajit kumar nag v. general manager (pj), indian oil corporation ltd., haldia and ors. : air2005sc4217 to the effect that the allegation of malice of fact demands proof of a high degree of credibility, learned ..... high court was fully justified in exercising its power of judicial review and set aside the election of the appellant.16. chapter iii of the act contains provisions relating to the president, vice-president etc. section 31 stipulates that the municipality shall be presided over by a president, who shall ..... have arrived at it; and by 'procedural impropriety' he means not only failure to observe the basic rules of natural justice or failure to act with procedural fairness, but also failure to observe procedural rules that are expressly laid down in the legislative instrument by which the tribunal's jurisdiction ..... of the appellant?9. article 226 of the constitution is designed to ensure that each and every authority in the state, including the state, acts bonafide and within the limits of its power. however, the scope of judicial review in administrative matters has always been a subject matter of debate ..... jurisdiction under article 226 of the constitution of india. referring to the procedure laid down in sub-section 4 of section 32 of the act, learned counsel would submit that the two candidates having got equal number of votes in their favour the presiding officer had no option but .....Tag this Judgment!
Court : Delhi
Decided on : Nov-01-2006
Reported in : I(2007)BC530; 2007CriLJ2262
..... . every agreement of which the object or consideration is unlawful is void.an agreement which is void is not enforceable by law [see: sections 2(g) and 10 of the indian contract act, 1872]. the question, thereforee, is - was the agreement between the petitioner and the complainant for securing a job for the complainant's nephew in the haryana police, legally enforceable? fortunately ..... aware of the illegality of the agreement even when it entered into it and thereforee section 65 of the contract act cannot help it.9. in tarsem singh v. sukhminder singh : 1scr456 , the supreme ..... . clearly, thereforee, this is not a case to which section 65 of the contract act applies. nor is it a case to which section 70 or section 72 of the contract act applies. the payment of the money was not made lawfully, nor was it done under a mistake or under coercion.13. we agree with the trial court that the plaintiff should have been ..... out of a contract or promise, which is unlawful or not legally enforceable, would not constitute an offence under section 138 of the act.8. in words and phrases vol. 14a, the term 'enforceable' is defined as 'not invalid as contrary to public policy because bargaining contrary to the law as venue, word 'enforceable' not necessarily implying actual force or coercion but meaning .....Tag this Judgment!