Court : Supreme Court of India
Decided on : May-16-2008
Reported in : 2008(6)ALLMR(SC)904; 2009(2)KarLJ1; (2008)7MLJ550(SC); 2008(9)SCALE144; 2008AIRSCW6476; 2008(4)LH(SC)2287; 2008AIRSCW6476; 2008(4)LH(SC)2287
..... be necessary as the same is nonest in the eye of the law, as it would be a nullity.33. section 16 of the indian contract act provides that any transaction which is an outcome of any undue misrepresentation, coercion or fraud shall be voidable.if, however, a document is prima facie valid, a presumption arises in regard to its genuineness.in prem singh ..... if it had been paid, or delivered, in accordance with the intention of the parties.50. the same principle might have been applied in the indian contract act. 'consideration' has been defined in section 2(d) of the indian contract act, which reads as under:(d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or ..... in particular the properties standing in the name of singaramma could not be put into hotchpotch of joint family properties. xi) consideration within the meaning of section 25 of the indian contract act, love and/or affection being consideration must be disclosed in the document, which having not been done, the impugned judgments could not have been sustained. xii) power of attorney having ..... to pray for any relief for setting aside the said deeds.iv) the partition deeds as also the deed of relinquishment were void being hit by section 25 of the indian contract act as for the said purpose passing of adequate consideration was necessary, love and affection being not the requisite consideration therefor. the partition of the properties being unfair and unequal, reopening .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-17-2008
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!
Court : Supreme Court of India
Decided on : Apr-08-2008
Reported in : JT2008(6)SC69; 2008(7)SCALE62; (2008)7SCC469; (2008)14VST355(SC); 2008AIRSCW4462
..... 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 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 ..... 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 from ..... , para 4)4. under section 4(1) of the indian sale 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 this act, the provisions of the indian contract act, 1872 apply to contracts of sale of goods save insofar as they are inconsistent .....Tag this Judgment!
Court : Delhi
Decided on : Jan-29-2008
Reported in : 148(2008)DLT170; 2008(101)DRJ582
..... that the word 'violence' has been used only in sections 146 and 153a of the indian penal code. the word 'intimidation' alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to 'criminal intimidation'. the word 'coercion' finds place only in the contract act. if the words 'unlawful means' are to be widely construed as including any or ..... other unlawful means, having regard to the provisions contained in sections 400, 401 and 413 ipc relating to commission of offences of cheating or criminal breach of trust, the ..... provisions of the said act can be applied, which prima facie, does not appear to ..... 23 of the mcoca, which read as under:18. certain confessions made to police officer to be taken into consideration. - (1) notwithstanding anything in the code or in the indian evidence act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the superintendent of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-18-2008
Reported in : AIR2009SC170; 2008(3)ARBLR633(SC); 2008(4)AWC4133(SC); 2009(4)BomCR891; 2008BusLR961(SC); JT2008(10)SC448; (2008)8MLJ568(SC); (2008)152PLR709; 2008(12)SCALE654; (2009)1SCC267; 2008AIRSCW7084; 2008(6)LHSC3823.
..... and if the claimant counters it by contending that the discharge voucher was extracted from him by practicing fraud, undue influence, or coercion, the arbitral tribunal will have to decide whether the discharge of contract was vitiated by any circumstance which rendered the discharge voidable at the instance of the claimant. if the arbitral tribunal comes to ..... the execution of such discharge agreement or voucher was on account of fraud/coercion/undue influence practiced by the other party and is able to establish the same, then obviously the discharge of the contract by such agreement/voucher is rendered void and cannot be acted upon. consequently, any dispute raised by such party would be arbitrable.20. ..... . : air1996sc543 . in damodar valley corporation, this court observed:a contract is the creature of an agreement between the parties and where the parties under the terms of the ..... in para (ii) requires further elucidation with reference to contracts discharged by performance or accord and satisfaction.14. the decision in kishorilal gupta was followed and reiterated in several decisions including naithani jute mills ltd. v. khyaliram jagannath : 1scr821 , damodar valley corporation v. k.k. kar : 2scr240 and indian drugs & pharmaceuticals ltd. v. indo swiss synthetic gem .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-09-2008
Reported in : 2008(5)ALLMR249; 2008(6)MhLj224
..... exercised upon her or that she was of unstable mental equilibrium. even section 12 of the indian contract act, 1872 provides that a person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. article 1765 of the civil code, 1867 provides that the ..... the said will under undue influence, etc. in fact the plaintiffs had not even given any particulars whatsoever either of the said undue influence or coercion having been exercised upon the testatrix. the findings of the courts below therefore on that aspect of the case could not be faulted.13. shri ..... but not on the other two issues which were framed by the learned trial court. as far as the plea taken by the plaintiffs regarding coercion, undue influence or improper mental equilibrium, the plaintiffs had not even given particulars of the same and the said plea remained only in the realm ..... by late sumatibai kuwelkar. both the courts below have also concluded that the plaintiffs had failed to prove that the will was executed either under coercion or undue influence or at a time when sumatibai was not in proper senses or proper mental equilibrium. both the courts below have also concluded ..... suit property, the said sumatibai had jewellery which she had given to the plaintiff no. 1 and his wife. the defendants denied that there was coercion and undue influence to compel the said sumatibai to make the said will and that she was in her proper senses and in perfect mental equilibrium .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-14-2008
Reported in : (2008)151PLR601
..... which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule. its natural corollary is, if any compromise is entered into between the parties, it must satisfy the requirements of a valid contract. fraud, coercion, mis-representation etc. vitiate the transaction and, thus, the contract entered into between the parties ceases to ..... aforesaid provisions provide that the agreement referred to under order 23 rule 3 of the code of civil procedure must conform to the test of a valid agreement/contract as prescribed under the contract act. however, sub rule 3-a imposes a restriction on the party to the compromise decree to challenge the compromise decree by way of a separate suit- ..... and satisfies itself regarding the voluntary nature of such a compromise. if any of the parties later on assails the compromise as invalid on account of exercise of fraud, coercion, misrepresentation etc. and pleads that the compromise/agreement was unlawful and involuntary, such a compromise cannot be challenged by a separate suit in view of the clear bar created ..... be a lawful. it is settled proposition that a compromise is a contract/agreement between the parties. when it is presented in the court, in any suit .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-29-2008
Reported in : 2008(5)ALLMR815; (2008)110BOMLR3204
..... a sum as consideration which can be mentioned as consideration but is not necessarily paid....50. the same principle might have been applied in the indian contract act, 'consideration' has been defined in section 2(d) of the indian contract act, which reads as under:(d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, ..... provisions of any law or is fraudulent and/or is immoral or opposed to public policy.43. the submissions, that such contract and especially the clause is void, in view of provisions contained under section 23/25 of the indian contract act being opposed to public policy; violative of fundamental rights of the petitioner; violative of the right of property of petitioner/society ..... ; because of unequal bargain power; being forbidden by law and further in view of section 25 of the contract act, as the agreement to transfer is without consideration and the ..... same was not registered, have no force.44. we have noted that there are no averments of undue influence and/or misrepresentation or any sort of coercion or threat at the time of entering into the agreement in question .....Tag this Judgment!
Court : Chennai
Decided on : Feb-26-2008
Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167
..... and others, namely, the daughter and the driver; that there was undue influence exerted characterising the circumstances as suspicious circumstances, are all phrases taken from the provisions of the indian contract act solely to maintain the dispute. the mere usage of these phrases do not, in any way, substantiate the allegation. when there are enough materials available to point out to ..... is not sham and nominal is totally unsustainable.14. per contra, learned counsel appearing for the respondents placed reliance on the provisions of section 16(2)(b) of the indian contract act, 1872 and the various circumstances narrated in the plaint to point out that the deceased was under the undue influence of the first appellant herein. making specific reference to the ..... out that in the absence of pleading on the question of undue influence, learned judge erred in placing the burden on the appellant. pointing out to section 16 of the indian contract act, 1872, learned senior counsel submitted that there was absolutely no pleading or evidence or facts pointing out or substantiating the allegation on undue influence. referring to paragraphs 5, 7, ..... case, learned single judge rightly shifted the burden on the appellants herein to prove that the trust placed on the first appellant was not abused and that there was no coercion or undue influence exerted to bring about the settlement deed. it may also be seen that considering the trust that the deceased nehemiah placed on the appellant, the misuse .....Tag this Judgment!
Court : Kerala
Decided on : Feb-06-2008
Reported in : 2008(2)KLJ316
..... the property scheduled to a1 and that clause 5 of ext. a1 amounts to total restranint which is against public hit by section 23 of the indian contract act does not arise for consideration. it is made clear that we have interpreted ext. a1 agreement only for the purpose of enquiry as to whether the ..... clause no. 5 of ext. a1 cannot be said to be a restraint alienation and not against public policy and hit by section 23 of the indian contract act, that ext. a1 also contains a protection clause against alienation of the plaint schedule properties to an outsider other than the parties to ext. a1, ..... they also contended that the parties had no express will or intention to make such an agreement and that the agreement was made under pressure and coercion and hence it was not binding on the parties. it was also contended that the agreement is in relation to newly constructed buildings and that the ..... ext. a1 agreement a plain reading in the context in which it was executed with clinch the issue. the best interpretation of a contract is made from the context. every contract is to be construed with reference to its object and the whole of its terms. the whole context must be considered to ascertain ..... be the deed if that interpretation does no violence to the meaning to which they are naturally susceptible. in construing a contract the court must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. if the words are clear .....Tag this Judgment!