Court : Kerala
Decided on : Nov-09-2010
..... a settled principle that there will not be any direct evidence but it can be inferred from the surrounding circumstances. no surrounding circumstance vitiating the document as contemplated under sections 16 to 18 of the indian contract act is made out ..... if it is a will is it valid because it exceeds transfer of the property of more than 1/3rd and whether that document is vitiated by undue influence or coercion. 4. let me first consider whether the document is a will or a gift. it is a settled principle of law that the nature of a document cannot be decided ..... died issueless plaintiffs are claiming right under the mohammedan law. according to them, a document ext.a8 executed by attabi in favour of defendants 3 and 7 are vitiated by coercion and undue influence and further that more than 1/3rd of the property cannot be given away in a will and therefore with respect to the excess, the document is ..... is to be dismissed. 5. so far as the validity of ext.a8 is concerned, on the ground of coercion, undue influence, etc. there are no materials supplied to prove the same. it is a settled principle of law that fraud, coercion and undue influence are not to be inferred by mere conjectures and surmises. at the same time, it is equally .....Tag this Judgment!
Court : Kerala
Decided on : Apr-06-2010
Reported in : 2010(2)KLT563
..... the defendants' suggestion for delaying the sale, for the simple reason that on a proper and valid notice having been given under section 176 of the indian contract act. its right to sell the pledged goods had accrued, and it could be exercised after its accrual, it is true that the sale took place ..... been withdrawn. all these contentions were repealed and it was held as follows:but when reference is made to the next section 177 of the indian contract act which provides for the right of the pawnor to redeem the goods pledged at any time before the actual of them, it becomes clear that ..... up for consideration in a number of decisions. as far as this case is concerned, the matter is covered by sections 176 and 177 of the indian contract act. while section 176 confers right of sale on the pledgee after issuing reasonable notice, section 177 confers a power to the pledgee the right to ..... of which the goods were pledged, the pawnee can either file a suit or to resort to sale of pledged goods by giving reasonable notice. indian contract act does not prescribe any particular form of notice or any particulars the notice should contain. what is stated is only that the pawnor should be given ..... whether the view of the appellate court is correct.9. it may be useful to refer to the relevant statutory provisions. sections 176 and 177 of the indian contract act reads as follows:176. pawnee's right where pawnor makes default - if the pawnor makes default in payment of the debt, or performance; at the .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : May-21-2010
..... connotation. a specific plea in that regard is necessary to be raised. the same should be specifically pleaded having regard to the provisions of the indian contract act. the petitioner did not raise such a plea in the petition. initials of mithun barik in the said letter is not in dispute. if he ..... view of such a serious matter would protest thereagainst immediately. we have noticed heretobefore that the petitioner had not even put its case that as coercion was exercised by the first respondent stating that he would not allow shri mithun barik to take back the ird boxes. such a conduct on ..... sent to the petitioner under certificate of posting, the same must be presumed to have delivered in terms of section 114 (8) of the indian evidence act. b) the petitioner having not produced the monthly slr submitted to it by the broadcaster, it must be held to have failed to prove ..... the said letter was allegedly sent under certificate of posting. the postal endorsement in the said certificate reads as under :- received a letter under certificate of posting to indian cable net company ltd. address plot no. x-4, salt lake electronics complex, block ep and gp sector v, salt lake, kolkata 700091 ..... alia to dishonest and unauthorized removal of the property of icncl and shall constitute an offence of theft, as defined under the provisions of the indian penal code, 1860. we may at the outset notice that the first respondent denies and disputes execution of the said agreement. it was urged .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-21-2010
..... of this court in loonkaran v. state bank, jaipur reported in : (1969) 1 scr 122 where interpreting section 202 of the indian contract act, this court held thus:section 202 of the contract act provides that where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, ..... of which any court ought to take notice however strong the language in which they are couched may be, and the same applies to undue influence and coercion. see order 6 rule 4 of the civil procedure code.33. in the present case, the appellants have, however, failed to furnish the full and precise particulars ..... have been furnished. now if there is one rule which is better established than any other, it is that in cases of fraud, undue influence and coercion, the parties pleading it must set forth full particulars and the case can only be decided on the particulars as laid. there can be no departure ..... in bishundeo narain v. seogeni rai reported in : 1951 scr 548 it was held thus:27. we turn next to the questions of undue influence and coercion. now it is to be observed that these have not been separately pleaded. it is true they may overlap in part in some cases but they are ..... by the appellants with the police against harassment and threats given to them by respondent nos. 8 and 9. dr. dhawan pointed out before us that coercion and goon tactics, in addition to fraud, had been employed by respondent nos. 8 and 9 to force the appellants to sign the consent terms.16. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-2010
..... said material.8. our client further states that since your client had misguided/ enticed/ misdirected mr. dabir to initial the said contract the same is also void under the provision of the indian contract act, 1872."12. the question, therefore, is whether the contract set up by the petitioners can be held non est for the two reasons indicated in paragraph 4 and 8 extracted ..... the respondent in the above backdrop argues is that shri sandeep k. dabir was not competent to sign the contract and that shri dabir had been misdirected/ enticed/misdirected to initial the contract which is according to the respondent, void in terms of the contract act, 1872. reply sent by the respondent to the notices served upon it summarises the twin objections to the ..... , 2008 for the sale by the petitioner and the purchase by the respondent of 150 mts of "aluminium alloy ingots ac2b" on the terms and conditions stipulated in the said contract. the contract among other terms and conditions stipulated the price of the goods to be us $ 3490 per mt (cif) payable by a 100% letter of credit (lc).4. the petitioner ..... had come into existence between the parties. a heavy duty lies upon the party who seeks to avoid a contract on the ground of mis- representation, fraud or coercion to prove any such allegation. nothing of the sort has been done in the instant case by the respondent. so much so the respondent has not even placed on record .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-16-2010
Reported in : 2010(2)SCALE21
..... stores arrangements were made by the department for local purchase. apparently all the said factors based on the admissions of the respondents are breach of contract. 10. the arbitrator on facts found that there were substantial changes in the designs of the canal as well as the structure which, it ..... in any of the supplemental agreements. learned senior counsel submitted that the arbitrator has clearly found that the supplemental agreements were executed on account of coercion and duress and on account of threats meted out by the respondents failing which the final bill would not have been cleared. learned senior ..... a matter for the court to consider unless the award is per se preposterous or absurd. learned senior counsel referred to the judgments of this court in indian oil corporation ltd. v. indian carbon ltd. : (1988) 3 scc 36; arosan enterprises ltd. v. union of india and anr. : (1999) 9 scc 449; md ..... the high court was justified in rejecting those claims..8. we have heard learned counsels for the parties at length. dispute arose under the arbitration act, 1940. the arbitrator was none other than the superintending engineer of the department. the arbitrator had entered on reference on 20.3.1991. the ..... 's court, thiruvananthapuram on 26.10.1993 and the application preferred by the respondents for setting aside the award under section 30 of the arbitration act, 1940 was rejected.4. the respondents took up the matter in appeal before the high court by filing m.f.a no. 45/1996. .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : Apr-19-2010
..... wide interpretation is given to the scope of section 86(1)(f) of the act, the state commission in the exercise of its functions could grant the relief and remedy to redress grievances further, the terms of the contract are contrary to law and the same was obtained under coercion or economic duress or undue influence. (ii) the consent from the state commission ..... act, 1956 (1 of 1956) applies) does not express their real intention, then (a) either party or his representative in interest ..... . that apart, the appellant has never claimed that the ppa dated 25.09.2006 has been signed under duress or coercion. 19. the proper forum for rectification instrument is a civil court exercising ordinary civil jurisdiction. section 26 of the specific relief act refers to suit only. thus for adjudication of rectification, the party has to render extensive evidence in the suit ..... of some clauses. 17. the rectification of the ppa can be sought under section 26 of the specific relief act, which reads as follows: 26. when instrument may be rectified (1) when through fraud or a mutual mistake of the parties, a contract or other instrument in writing and being the articles 628 of association of a company to which the companies .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-2010
..... the petitioner would be entitled to reliefs in view of the exception to section 19 of the indian contract act, 1872. sections 17 and 19 of the indian contract act read as under :- "17. `fraud' defined.- `fraud' means and includes any of the following 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 to induce him to enter into the contract:- (1) the suggestion, as a fact, ..... misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. a party to contract, whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist that the ..... enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech......................19. voidability of agreements without free consent. - when consent to an agreement is caused by coercion, fraud or .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-08-2010
..... have been a transfer. for instance, a transaction by which possession of immovable property is taken or retained in part performance of a contract under section 53a of the transfer of property act, 1882, is brought within the ambit of the provision. similarly, by sub-clause (vi) any transaction which has the effect of ..... ("eth"), a shareholder of hutchison essar, and certain affiliates (collectively essar") asserted various rights in relation to the transaction and threatened to commence proceedings in the indian courts in order to enforce those alleged rights, including by preventing completion of the transaction. on 15 march 2007, the company entered into a conditional settlement agreement ..... plc, for a cash consideration of approximately us$ 11.1 billion (approximately hk$ 86.6 billion)(the "transaction"). accordingly, the results of the group's indian mobile telecommunications operations were presented as discontinued operations in accordance with hkfrs 5 "non-current assets held for sale and discontinued operations". the presentation of comparative information ..... chartownership structure chart, as at 11 february 2007, of (a) hutchison telecommunications international limited, cayman islands, (b) cgp (investment) holdings ltd., cayman islands, and (c) indian investors, india spa for procurement ofvodafone international purchase of share of cgp hutchison telecommunications holdings, bv mr. asim ghosh mr./mrs. analjit singhthe netherlands investments (holdings) ltd. ci international .....Tag this Judgment!
Court : Delhi
Decided on : Dec-06-2010
..... are, therefore, entitled to the benefit of the provisions of section 62 of the indian contract act whereunder it is provided that if the parties to a contract agree to substitute a new contract for it or to alter it the original contract need not be performed. in support of this argument, learned senior counsel cited one ..... . the learned trial court had rejected the defence that the guarantee agreement dated 6th october, 1988 had been got executed by the plaintiff bank under coercion. since there was no evidence adduced by defendants no. 3 to 5 to substantiate their stand that they were coerced to execute letters and guarantee agreement ..... and 2 and so it cannot be said that return of shares to defendants no. 1 and 2 in july, 1981 amounted to a novation of contract between the erstwhile traders' bank and these two defendants. therefore, findings of the learned trial court on this issue are also affirmed.17. issue no. ..... its dues from defendants no. 1 and 2 as the principal borrowers. learned senior counsel for the appellant had also contended that the novation of contract should be inferred also from the fact that the shares of defendant no. 1 which had been kept with the bank as security had been returned ..... offer and got a mortgage of land created in its favour in respect of some land owned by defendant no. 3 in district faridabad a fresh contract came into existence between the plaintiff bank and defendants no. 3 to 5 whereby defendants no. 1 and 2 stood absolved of the liability to .....Tag this Judgment!