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Judgment Search Results Home > Cases Phrase: coercion indian contract act Year: 2014 Page 1 of about 75 results (0.056 seconds)

Mar 05 2014 (HC)

Satinder Sharma and Another Vs. Nirmal Kumar and Others

Court : Punjab and Haryana

Decided on : Mar-05-2014

..... enunciated in section 55 of the transfer of property act. though under the provisions of indian contrat act, 1872 the consent is an essential pre- requisite of a concluded contract where in elements of coercion, undue influence, fraud, misrepresentation and mistake should not be embedded and the term fraud . has been defined in section 17 of the indian contract act, 1872 as some thing of a connivance with ..... transaction was genuine or that the document signed by the agent in place of the principal is binding and effective and a holder of power of attorney is entitled to act on behalf of the principal or that the property singh ravinder 2014.03.14 09:57 i attest to the accuracy and integrity of this document chandigarh -9- rs.no ..... as under: - commensurating with the submissions of shri mangat arora advocate, counsel for the contesting respondents, the term sale . has been defined in section 54 of the transfer of property act, which provides that sale is a transfer of ownership in exchange for price paid or promised or part paid and part promised and ensures that delivery of tangible immovable property ..... against ex parte. in the written statement, it is one of the grounds that defendants no.1, 2 and 5 were appointed attorneys by the plaintiffs and they had been acting as such; the suit should have been only for rendition of accounts and is not maintainable in the present form. defendant no.5 ram gopal is the husband of plaintiff .....

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Feb 24 2014 (HC)

Vikram Singh and anr. Vs. Ajit Inder Singh

Court : Delhi

Decided on : Feb-24-2014

..... paid has also been negated.13. on the plea that late ms.anant verinder singh executed the memorandum of family settlement as a result of coercion, the learned single judge has referred to section 15 of the indian contract act, 1872 and the law declared in the decisions reported as air1951sc280bishundeo narain & anr. vs. seogeni rai & ors. and air2006sc3672ramesh b.desai & ors.vs. bipin ..... the subject whether the deed of family settlement was the result of coercion, as noted above the learned single judge has referred to the definition of coercion as per section 15 of the indian contract act, 1872, which reads as under: 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 ..... vadilal mehta & ors. to hold that pleas pertaining to coercion, fraud etc. must contain material particulars of the acts constituting coercion or fraud. the learned single judge has found no .....

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Nov 25 2014 (HC)

K. Sundaralingam Vs. 1. the District Collector

Court : Chennai

Decided on : Nov-25-2014

..... the tender-cum-auction in a transparent manner, in the considered opinion of this court. in fact, section 72 of the indian contract act, 1872 speaks of a person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it. in reality, the law implies an allegation on a person to return anything which is an ..... learned counsel for the petitioner brings it to the notice of this court that a reply dated 21/10/2014 under right to information act was given informing that the revenue inspector had signed the proceedings at the coercion of the commissioner.32. the learned counsel for the petitioner contends that as per schedule iii under the caption rules regarding proceedings of ..... learned counsel for the petitioner brings it to the notice of this court that a reply dated 21/10/2014 under right to information act was given informing that the revenue inspector had signed the proceedings at the coercion of the commissioner.32. the learned counsel for the petitioner contends that as per schedule iii under the caption rules regarding proceedings of ..... the council (see section 25) of the tamil nadu district municipalities act, 1920 in serial no.3 (1) and (2) mode of transacting business is mentioned .....

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Feb 12 2014 (TRI)

Krishna Chaitanya Gondi Vs. M/S. Hill County Properties Ltd. and Other ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Feb-12-2014

..... by the ties of natural justice and equity to refund the money. section 72 of the indian contract act runs as follows : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. there must be some undue pecuniary inequality existing in the ..... 36) however, in the present case the complainant(s) by issuing legal notice put an end to the contract as the developer disabled itself from performing its obligations. the bank did not act in good faith nor it had exercised bonafide discretion while releasing the funds. 37) this commission can take ..... ,1973) and every proceeding before the bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and for the purpose of section 196 of that code.(5) without prejudice to the provisions of sub-sections (4-c) and ..... observed by the national commission in the aforementioned order, that in terms of section 5 of the andhra pradesh apartments (promotion of construction and ownership) act, 1987, the bank was under an obligation not to release more than 20% of the sale consideration amount as advance to the developer before ..... herein approached the state commission which dismissed the appeal filed and whereupon the depositor approached district forum under section 27(1) of the consumer protection act, 1986 by filing penalty petition. the second category of cases are those where the depositor filed a penalty petition before the district forum for .....

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Feb 14 2014 (SC)

Enercon (India) Ltd and ors Vs. Enercon Gmbh and anr

Court : Supreme Court of India

Decided on : Feb-14-2014

..... 14, 15, 16, 17, 18, 19 and 20 of the indian contract act, 1872. these provisions set out the impediments, infirmities or eventualities that would render a particular provision of a contract or the whole contract void or voidable. section 14 defines free consent; section 15 defines coercion in causing any person to enter into a contract. section 16 deals with undue influence. fraud in relation to ..... , or has been procured by coercion, undue influence, fraud, misrepresentation or was signed under a mistake. in other words, it is not claimed that the agreement is null and void, inoperative and incapable of being performed as it violates any of the provisions under sections 14, 15, 16, 17, 18, 19, 19a and 20 of the indian contract act, 1872. the submission is that ..... arbitration clause that the court has to concern itself with. the court in this case, according to dr. singhvi, is not required to determine whether there is a concluded contract, under the indian contract act, 1872. the court has to see whether there is a valid arbitration agreement. dr. singhvi emphasised that it is for the arbitrator to decide the question with regard to ..... is claimed to be void or voidable or unconcluded by one of the parties.81. the scope and ambit of provision contained in section 16 of the indian contract act has been clearly explained in reva electric car (supra), wherein it was inter alia observed as follows: 54. under section 16(1), the legislature makes it clear that while considering .....

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May 28 2014 (SC)

Swiss Timing Ltd Vs. Organizing Committee Commonwealth Games

Court : Supreme Court of India

Decided on : May-28-2014

..... as it was obtained by coercion (section 15), undue influence (section 16), fraud (section17) or misrepresentation (section 18). such a contract will only become void when the party claiming lack of free consent is able to prove the same and thus rendering contract void. this indeed is the provision contained in section 2(j) of the indian contract act. in exercising powers under section ..... and voidable are confused and used loosely and interchangeably with each other. therefore, the court ought to examine the plea by keeping in mind the relevant statutory provisions in the indian contract act, 1872, defining the terms void and voidable . section 2, the interpretation clause defines some of the relevant terms as follows:- 2(g) an agreement not enforceable by law ..... provisions contained in section 8 of the arbitration act, which provides that a reference to arbitration shall be ..... 11(6) of the arbitration act, the court has to keep in view the .....

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May 28 2014 (SC)

Swiss Timing Ltd Vs. Organizing Committee Commonwealth Games

Court : Supreme Court of India

Decided on : May-28-2014

..... as it was obtained by coercion (section 15), undue influence (section 16), fraud (section17) or misrepresentation (section 18). such a contract will only become void when the party claiming lack of free consent is able to prove the same and thus rendering contract void. this indeed is the provision contained in section 2(j) of the indian contract act. in exercising powers under section ..... and voidable are confused and used loosely and interchangeably with each other. therefore, the court ought to examine the plea by keeping in mind the relevant statutory provisions in the indian contract act, 1872, defining the terms void and voidable . section 2, the interpretation clause defines some of the relevant terms as follows:- 2(g) an agreement not enforceable by law ..... provisions contained in section 8 of the arbitration act, which provides that a reference to arbitration shall be ..... 11(6) of the arbitration act, the court has to keep in view the .....

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Sep 29 2014 (HC)

Minu Chibber and ors. Vs. Lt. Col. (Retd.) S.S. Chibber

Court : Delhi

Decided on : Sep-29-2014

..... to an agreement obtained by misrepresentation makes the agreement voidable under section 19 of the indian contract act, 1872 (contract act) and the consent to an agreement caused by undue influence makes the same voidable under section 19a of the contract act but what has to be seen is whether on the pleadings aforesaid, a case ..... of misrepresentation or undue influence is made out.18. section 16 of the contract act provides that a contract is induced by undue influence where the relationship between the parties is such that one of the parties is in a position to ..... contrary to the written terms of the said relinquishment deed. the spirit and purpose of enacting sections 91 and 92 of the indian evidence act is to render the written contract, grant or other disposition, the sole repository of the terms contained therein. reliance if any required in this regard can be ..... deed which he is executing. it is not respondent / plaintiff s case that he is uneducated or executed the document under any duress or coercion. the respondent / plaintiff knew that he was executing a relinquishment deed and in our opinion, it is now not open to him to claim ..... the relinquishment deed completely ruled out the so-called understanding as pleaded by the respondent / plaintiff in the plaint. section 92 of the indian evidence act inter alia provides that where the terms of a grant or other disposition of property have been proved according to section 91 (we may .....

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Mar 31 2014 (HC)

Mrs. Vibha Mehta Vs. M/S. Hotel Marina and ors.

Court : Delhi

Decided on : Mar-31-2014

..... act is standalone, and recourse to external collateral aids in the form of exceptions to section 19 and 17 are not be to be ..... 31.3.2006. the deed of settlement thus entered into by the parties is not covered under order 23 rule 3 which is applicable only to such contracts which are not void and voidable under indian contract act. the present settlement having been entered into on the basis of fraud, is thus beyond the purview of order 23 rule 3 and in the facts ..... eighth defendant did not disclose this fact. it is argued that this act of passive misrepresentation, when a fiduciary duty to disclose operated, amounts to fraud and vitiated the compromise. it is argued that the reliance of the learned single judge on sections 17 and 19 of the indian contract act, 1872 ( contract act ) was incorrect, as the primary violation of section 9 of the partnership ..... , misrepresentation, or mistake.15. coercion defined coercion is the committing, or threating 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 prejudice of any person whatever, with the intention of causing any person to enter into an agreement.16. undue influence defined (1) a contract is said to be .....

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Aug 12 2014 (HC)

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

Decided on : Aug-12-2014

..... offenders.157. different enactments have prescripted different ages so far as the definition of a child is concerned. section 11 of the indian contract act which defines persons who are competent to contract states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and ..... . ?(a) trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the ..... , (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by first. using threats, or secondly. using force, or any other form of coercion, or thirdly. by abduction, or fourthly. by practising fraud, or deception, or fifthly. by abuse of power, or sixthly. by inducement, including the giving or receiving of payments or benefits ..... drugs & psychotropic substances; (article33) (xv) protection from sexual exploitation and abuse. (article 34). the parties to take all appropriate national, bilateral and multilateral measures to prevent (a) inducement or coercion of a child to engage in any unlawful sexual activity (b) the exploitative use of children in prostitution or other unlawful sexual practices (c) the exploitative use of children in .....

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