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...the parties is not expressed in relation to an instrument. Such rectification is permissible only by the parties to the instrument and by none else.Undue influence — Section 16 of...the Contract Act, 187212. Section 16 of the Contract Act provides that:“16. ‘Undue influence’ defined.—(1) A contract is said to be...are fulfilled. Sub-section (3) lays down the conditions for raising a rebuttable presumption that a transaction is procured by the exercise of undue influence. The reason for the rule in the third sub-section is th...
...14 — absence of free consent i.e where the consent is said to be vitiated as it was obtained by coercion (Section 15), undue influence (Section 16), fraud (Section 17) or misrepresentation (.... Therefore, the same has neither been followed nor considered. Secondly, the provisions contained in Section 16 of the Arbitration Act, 1996 were also not brought to the notice by this Court. Therefore, in my...not drawn to the provision contained in Section 16 of the Arbitration Act, 1996 in N. Radhakrishnan (2010) 1 SCC 72. Section 16 provides that the Arbitral Tribunal would be competent to rule on its...
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The pleading which was regarded as one of undue influence also suffers from a lack of particulars. How the plaintiff took advantage of his position as a person in possession of the assets of th...Indian Contract Act, which incorporates the law relating to undue influence in its application to contracts is but a particularisation of a larger principle. All transactions procured in the manner set out therein, are regarded as p...that account the resolutions relied upon by the appellant dated October 16, 1945, were vitiated by coercion and undue influence, and the appellant could not get a decree relying upon those...
...proceeded to decide the case on the assumption that the case set up by the plaintiffs in the suit is a plea of undue influence. Section 16 of the Indian Contract Act which...nature, the plaintiffs have no burden at all to prove that the documents are vitiated by undue influence. On the other hand, according to the learned counsel, it is for the beneficiaries of the documents to prove that the documents ...) 4 SCC 196], in support of the said contention. I have held that the plea of the plaintiffs in the plaint cannot be treated as a plea of undue influence. Even assuming that the plea of the plaintiffs can be construed as a plea of ...
...as under:-
14. Free consent defined.Consent is said to be free when it is not caused by (1) coercion, as defined in section 15 (2) undue influence, as defined in section 16, or (3...obtained by use of coercion, undue influence, fraud or misrepresentation or its given on account of a mistake, subject to the provisions contained in Section 20 to 22 of the said Act. Coercion is defined in Section.... Since the Insurance Company cannot be said to be in a position to dominate the will of the complainant, Sub Section (3) of Section 16 of the Act would also not apply. In any case, the complainant Company has failed to pro...
...depositions of Kamruddin (P. W. 4) and Karim Khan (P. W. 6)."
Both the courts failed to take notice of the provisions of Section 16 of the Indian Contract Act and section ...defined in Section 16 of the Indian Contract Act. In the case of Poosathurai v. Kannappa Chettiar, AIR 1920 PC 65 it was pointed out by the Ju...case it was for the respondent to show that the gift was not made by undue influence (Section 16(3) Indian Contract Act and section in Evidence Act). This aspect of the case...
...obtained from Nata Bhol by exercise of undue influence. Section 16, sub-section (1) of the Contract Act provides.... These sale-deeds are alleged to be nominal transactions brought about by exercise of undue influence by these defendants 1 to 3 on Nata Bhol who was pretty old at the time. It is also averred that these..., defendants 1 to 3 have duly mutated their names and are in peaceful possession of the suit-lands by paying rent for the same. They deny the plaint-allegations that they exerted any undue influence on Nata...
...15 of Contract Act), Undue influence (Section 16 of the Contract Act), Fraud (Section 17 of Contract Act) or Misrepresentation (Section 18 of Contract Act) is raised. It noted that...against the other party, the jurisdiction of the High Court under Section 11 of the Act to appoint an arbitrator cannot be ousted. It observed that under Section 16 of the Act, the Arbitral Tribunal would...country under Section 16 of the Act; and having provided for resolution of disputes through arbitration, parties cannot be permitted to avoid arbitration, unless they satisfy the Court that it will not be...
...registered at the residence of the first plaintiff.11. The next question to be looked into is whether the settlement deed, is vitiated by fraud, misrepresentation, undue influence or collusion. According to the second...plaintiffs, Ext. A1 is vitiated by fraud and undue influence and hence it is liable to be set aside. The plaintiffs also prayed for an injunction restraining the defendants from executing documents in respect...by exercise of fraud, undue influence and misrepresentation, as the first plaintiff was not in a sound state of mind to execute the document due to old age and serious ailments. According to the...
...undue influence also suffers from a lack of particulars. How the plaintiff look advantage of his position as a person in possession of the assets of the company and by what device he compel led the defendants to submit to his will h...the Indian Contract Act, which incorporates the law relating to undue influence in its application to contracts is but a particularisation of a larger principle. All transactions procured in the manner set out therein, are ...the order in which it is narrated. The relevant portion of the said decision reads thus:
The 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 ...
.... Such an act of resignation is clearly vitiated by the undue influence. Section 16 of the Indian Contract Act states that a contract is said to be induced by "undue influence" where the relations...will apply in the case of obtaining of resignation also. Religious influence is also one of the factors which can constitute undue influence.
11.In the present case, the...
by the directive received from the congregation to which the petitioner was originally attached.
16.The competent authority, namely, the...
...of the Contract Act. This being so, element of coercion does not exists.
13. Next is undue influence. Section 16 of the Contract Act defines undue influence. It...arrived at under coercion, undue influence and duress, therefore, the same are not enforceable. Moreover, the said consent terms were arrived at in violation of the order of this Tribunal dated...of the parties to the settlement was not free consent and was arrived at under coercion, duress and undue influence.
ii) Consent terms were arrived at against directions...
...Section 16 of the Contract Act, I again find that the lower appellate court has rightly recorded finding that the defendant Smt. Paramjota was not in...dominate the will of Bhikhari nor was there any fiduciary relationship between them, hence the compromise was not hit by the principle of undue influence. Section 23 of the Indian...influence. Section 16 of the Contract Act in these circumstances hardly renders the compromise invalid...
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(1) coercion, as defined in section 15
(2) undue influence, as defined in section 16, or..., misrepresentation or mistake." It would thus be seen that a consent is a free consent unless it is obtained by use of coercion, undue influence, fraud or misrepresentation or its given on account of a mistak...inapplicable. Since the Insurance Company cannot be said to be in a position to dominate the will of the complainant, Sub Section (3) of Section 16 of the Act would also not apply. In any case, the complaina...
...proceed to prove his case and when the defendant is called upon to show that the contract or gift was not induced by undue influence. The instant case is one of gift but it is well settled that the law as to undue ...'.”9. The law in India as to undue influence as embodied in Section 16 of the Contract Act is based on the English common law as noted in the judgment of this..., medical 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 donee stands in a fiduciary relationship to the don...
...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 16 defines ...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 the donor....provisions of Section 103 read with Section 100(1), the further question to be considered is: Was the finding of the first appellate Court on the point of undue influence vitiated by an illegality...
.... "Free consent" defined Consent is said to be free when it is not caused by- (1) coercion, as defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in ...complainant company and use that position to obtain an undue influence over the complainant Company. The Insurance Company does not stand in a fiduciary relationship vis a vis the complainant. Clause (b) of Sub- ...Company cannot be said to be in a position to dominate the will of the complainant, Sub-Section (3) of Section 16 of the Act would also not apply. In any case, the complainant company has failed to prove that the settlement...
...—(1) coercion, as defined in Section 15, or(2) undue influence, as defined in Section 16, or(3) fraud, as defined in ....Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.”18. Sections 15...influence.20. Section 20 of the Act lays down as under:“20. Agreement void where both parties are under mistake as to matter of fact.—Where both the...
...that the opposite parties can be said to be in a position to dominate the will of the complainant company and use that position to obtain an undue influence over the complainant Company. The Insurance Company does not stand in a fid...16 of the Act would also not apply. In any case, the complainant Company has failed to prove that the settlement of the claim for a sum of Rs. 1,39,82,571/- was induced by undue influence. ...Insurance Co. hardly applies to this case.Ltd. vs. Ajmer Singh Cotton & General Mills (supra) 16. The complainant has to prove fraud, misrepresentation and undue influence or the...
...proving that the contract was not induced by undue influence (Section 16, Contract Act)22. For the foregoing reasons, the appeal must fail. Accordingly dismissed....such resignation under duress or undue influence or coercion?(iii) Was it legally permissible for the appellant to accept the resignation Exh.-25/16 not with effect from the date...letter of resignation Exh.-25/16. It is his case that by undue influence the said defendant procured the said letter of resignation from him. It is his case that being entitled to withdraw the resignation...