...undue influence in the case of a gift inter vivos is the same as in the case of a contract. It is embodied in Section 16 of the Indian Contract Act. Sub-section (1) of Section ...) 1 SCR 331).24. Sub-section (2) of Section 16 is illustrative as to when a person is considered to be in a position to dominate the will of the other. It gives three...mental incapacity. None of the circumstances mentioned in sub-section (2) of Section 16, had been proved from which an inference could be drawn that the donee was in a position to dominate the will of...

...Section 16(3) of the Indian Contract Act. The last part of Section 16 of the Contract Act...duly executed. Burden of proving vitiating factors is on the person woh alleges them. Major exceptions to this rule are those provided under Section 111 of the Evidence Act and...confidence. But the burden of proof under Section 16(3) of the Contract Act is shifted to the person who is in a dominating position only when the deed also appears or proved to...

..... 38 Section 13, The Indian Contract Act, 1872. ...would not "exist" as a matter of law until the sub- contract is duly stamped, as has been held by us above. The argument that Section 11(6-A) deals with "existence", as opposed to Section 8, Section 16 and...impetus. Section 16(1)(b), which provides that a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause, renders the...

...Section 16 of the Indian Contract Act. The conditions stated in Section 16(1) must be pleaded with particularly and proved by the person seeking to avoid the tr...Section 16 of the Contract Act is based on the English Common law as noted in the judgment of this Court in...attendant and patient, parent and child are those in which such a presumption arises. Section 16(2) of the Contract Act shows that such a situation can arise wherever the...

...Sections 15, 16 and 41 of the Indian Sale of Goods Act. (For Section 15 analogous law: Section 13 of the English Sale of Goods Act; Section 113 of the Indian ...14 of the English Sale of Goods Act, 1893 and Sections 110-111, 114-115 of the Indian Contract Act, 1872; for Section 41, Section 39 of the English Sale of Goods Act, Section 38(2) of the...Indian Contract Act). Section 15 lays down that a contract for sale of goods may be (i) by description; (ii) by sample and (iii) by sample as well as by description. The first case is dealt...

...by the Act. The scope of inquiry under the section, according to the learned Munsif, was apparently the same as that in a case of undue influence under Section 16, Indian Contract...to in Clause (4) of Section 5 differs from the conception underlying the unconscionable bargains made with persons in dominating positions referred to in Section 16, Indian Contract...Act and the standard for deciding such cases was laid down by him as follows:In order to make a transaction unfair the party claiming relief shall have to prove, besides other...

...description, first consider the terms of the amended Section 16 of the Indian Contract Act only. Now Section 16, as amended in 1899, provides in the first sub-s...to obtain an unfair advantage over the other. Sub-section (3) of Section 16 provides that where a person, who is in a position to dominate the will of another, enters into a...lie upon; the person in a position to dominate the will of the other. It is clear, therefore, that to bring the case within the first clause of Section 16, it is necessary for the defence to show that...

...General Clauses Act. The Family Courts Act also does not define the same. The Indian Contract Act in ...discussions in that case by the Division Bench has reference to the sweep of the expression ‘bound in a fiduciary capacity to account’.16. It is unnecessary to extract specific passages. But...Dictionary explains “fiduciary capacity” in the following words:“One is said to act in a “fiduciary capacity” or to receive money or contract a debt in a “fiduciary capacity”, when the...

...between the parties is in a position to dominate will of the other and uses that position to obtain an unfair advantage over the other.” [Indian Contract Act (9 of 1872), section 16(1...(Karnal Distillery Co. Ltd. v. Ladli Prasad Jaiswal)4, A.I.R 1958 Pun 190, 203. (Indian Contract Act 9 of 1872), section 16)”“A declaration of public policy...applicant by the Foreign University. It was submitted that the word “undue influence” in relation to elections, was made punishable under section 171-C of the Indian Penal Code...

...defendants to submit to his will has not been stated. Section 16 of the Indian Contract Act, which incorporates the law relating to undue influence in its application to...of a contract. It is embodied in Section 16 of the Indian Contract Act. The conditions stated in Section 16(1) must be pleaded with particularity and p.... Section 16 of the Contract Act provides: (1) A contract is said to be induced by undue influence' where the rel...

...contract. It is embodied in Section 16 of the Indian Contract Act. Sub-section (1) of Section 16 defines 'undue influence' in general terms. It prov.... 20. Law is well settled that, mere influence is not "undue influence" under Section 16 of the Indian Contract Act. The first plainti...to dominate the will of the other. Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of...

...supported by consideration and that it had been obtained by fraud and coercion. Undue influence is defined by the Indian Contract Act in Section 16 as follows...passing of consideration as mentioned in Ex. A1. 22. Coercion is defined under Section 15 of the Indian Contract Act (Act IX of 1872). It reads as follows...Rameshwar v. Upendranath (1926) 29 C.W.N. 1029. 25. The word "coercion" appears also in Section 72 of the Indian Contract Act. But it has been...

...of a free exercise of the donor's will.”15. The corollary to that principle is contained in sub-section (3) of Section 16 of the Indian Contract Act, ...(in short “the Contract Act”).16*. At this juncture, a classic proposition of law by this Court in Kharbuja Kuer v. Jang Bahadur Rai...Section 111 of the Indian Evidence Act, 1872 (in short “the Evidence Act”). The rule here laid down is in accordance with a principle long acknowledged and administered in the Courts of Equity in England...

..... (24) The term 'undue influence' is defined under Section 16 of Indian Contract Act, 1872. Section 16 reads as under:- '...donee used his position to obtain an unfair advantage over the donor. Sub-section [2] of Section 16 gives the test to derive whether a person was in a position to dominate...unconscionable and an unfair transaction. The settlor executed the Settlement Deed in favour of a stranger in preference to many of his relatives. Section 16[3] prescribes a statutory presumption. Hence, the...

...record ? (ii) Whether the plaintiff succeeded in proving the requisites of Section 16 of Indian Contract Act and if and whether the plaintiff's case comes with...law as to undue influence in the case of a gift inter vivos is the same as in the case of a contract. It is embodied in s. 16 of the Indian Contract Act. Sub-section (1) of ...Power of Attorney by her own will and the said sale-deed was for a consideration. For undue influence as defined under Section 16 (1) of the Indian Contract Act, there should be...

...of a valid contract envisaged under the Indian Contract Act, 1872, to be enforceable. 16. Section 2(h) of the Indian Contract Act, ...agreement enforceable by law". Prerequisites for an enforceable contract are explained in Section 10 of the Indian Contract Act, 1872, which is extracted hereinbelow...contract requires that the parties have reached consensus ad idem regarding its terms i.e. parties to the agreement have the same understanding of the terms thereof. It is also not in dispute that...

...appearing for the defendants relied upon provisions of Section 16 ( c ) of the Specific Relief Act, 1963 r/w. Section 51 of the Indian Contract Act and has urged that it is for the plaintiffs to p...him, then it creates a personal bar for him to get specific performance of contract. 17. A combined reading of Section 51 of the Indian Contract Act and Section...execute the sale deed. The agreement, thus, creates reciprocal promises to be simultaneously performed by the parties. Section 37 of the Indian Contract Act, 1872 deals with the obligation of parties to...

... "undue influence" has been defined under the Indian Contract Act, 1872 as under : Section 16: "Undue influence" (1) A ...who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be...unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other...

...within the four corners of section 16 of the Indian Contract Act, he is entitled to no relief.”Now the learned Subordinate Judge was aware of these decisions, and...so he tried to make out a case of section 16 of the Indian Contract Act for the defendant. His reasonings may be given in his own words:“The defendant was in...creditor is in a position to dominate the will of the debtor. A case under section 16 is not made out by the finding arrived at by the learned Subordinate Judge in this case.I would allow...

...subrogees of a mortgaged property in view of Sections 140 and 141 of the Indian Contract Act read with Section 16 CPC. 10. I may note that...Sections 140 and 141 of the Indian Contract Act, 1872 inasmuch as the respondent nos. 1 and 2/plaintiffs have been substituted in place of the mortgagee/Vijaya Bank qua this Hyderabad property (and...declaration, mandatory and perpetual injunction seeking the rights of a subrogee in terms of Sections 140 and 141 of the Indian Contract Act with respect to the Hyderabad property with further directions...