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...coercion under Section 19 of the Indian Contract Act, 1892 is illegal. In fact, learned counsel for the petitioner could not support that such option is incorrect in any manner...
...clauses would be hit by Section 23 of the Contract Act, since it goes against public policy.
32. The learned Deputy Advocate General places reliance on Section 72 of the Indian ...repay or return it. Section 72 of the Indian Contract Act, 1872 reads as follows:-
"72. Liability of person to whom money is paid, or thing delivered, by mistake or under ...or void? If it was induced by undue influence, then under Section 19-A of the Indian Contract Act, it would be voidable. It is, however, rarely that contracts of the types to...
...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 coercion as defined in Section...contract for construction of buildings. But the Court also held that the phrase “sale of goods” in the Entry must be interpreted in the legal sense which it had in the Indian Sale of Goods Act, that the.... 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...
...case is that document dated 11 January, 2019 is unenforceable invalid document, since it was not executed with his free will but under ‘Coercion’, within the meaning of Section 15 of the Indian...Contract Act, 1872, which is evident from complaint filed with police on 21 September, 2019. The learned counsel for the applicant relies on ‘non-cognizable complaint’, which is at Page 100 of the...Sandeep K. Shinde, J.:— This application challenges the ‘Issue Process’ order dated 15 October, 2019 under Section 138 of the Negotiable Instruments Act, 1881 in C.C. No. 425/SS/2019...
...Rs. 26,563.50 P under s. 72 of the Indian Contract Act 1872. They alleged that they paid this sum to the Collector under coercion and/or mistake of law, and that they discovered the mistake on..., money paid under mistake or coercion may be recovered under s. 72 of the Indian Contract Act. The fight to relief under s. 72 extends to money paid under mistake of law, i.e...no legal obligation to pay. Repayment of money paid under a mistake is provided for by s. 72 of the Indian Contract Act occurring in Chapter V of the said Act which deals with certain relations resembling those cre...
...amounts to coercion within the meaning of section 15 of the Indian Contract Act. Section 72 of the Indian Contract Act has no application to this case. The sect...certain special powers conferred upon landholders by section 38 of the Rent Recovery Act. To prevent these powers being put into force and his interest in the land sold...the Rent Recovery Act, or that he was by law entitled to exercise the special powers conferred by section 38. In these circumstances it seems to us clear that the defendant having no legal...
...defined in the Indian Contract Act, 1872 (9 of 1872)."
The second proviso provides as follows : "Provided
(a) .... ..... (b) .... .... (c)
Provid...deposed himself as a big businessman and the girl believed him and they got married under the Special Marriage Act, 1955. Thereafter, they did not live together as husband...was filed under section 25 of the Special Marriage Act. Section 24 of the Special Marriage Act provides for voidable marriage and section 25 provides for voidable marriage...
...used in sub-Section (2) of section 27. The learned counsel who has appeared to oppose this reference has referred to Section 14 of the Indian Contract Act, 1872, which p...of the Act. Section 15 defines ‘coercion’ as the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property...Indian Contract Act and it cannot be attributed to this word used in any other law unless it is so applied specifically. Moreover, the expression ‘undue influence’ has also been...
...; or(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872...and 22 of the Indian Divorce Act, 1869. The prayer for declaration of nullity of marriage was rejected by a learned Single Judge of the High Court, but a decree for judicial separation was granted on...divorce, under the Indian Divorce Act. Section 10 of the Indian Divorce Act prescribes the grounds on which a husband or wife may petition for dissolution of marriage. The ground on which a husband may...
...Indian Contract Act and that the allegations in the plaint failed so to do because they did not show that the " unlawful detaining or threatening to detain " the property was...and effect of Section 15 of the Indian Contract Act.
10. Section 15 forms part of a chapter which specially deals with the requisites of a valid contract...render it a contract under Section 10. This explains why in the definition of " coercion" it is limited to an unlawful act done " with the intention of causing the person to enter into an agreement." But...
...definition of coercion in the Contract Act. (See, however, Sects. 298, 499, 508, etc., of the Indian Penal Code showing that the Criminal Law does not recognize also acts causing some of such sentimental...party to Exhibit A, even if proved, cannot invalidate the document.”“Coercion is defined (Contract Act, Sect. 15) as“committing or threatening to commit, any act...question whether the release-deed was caused by undue influence. The line-between coercion (Sect. 15 of the Contract Act) and undue influence (Sect. 16 of the Act) is...
...Contract Act, 1872. We have also observed that no party has claimed that they have signed MoU and family Company Appeal (AT) No. 199, 241 & 242 of 2019 settlement under Coercion and Undue...Influence etc. Hence, this is a valid contract in terms of Section 10 of the Indian Contract Act, 1872. Once the contract is concluded, in accordance with the...Indian Contract Act, 1872 its terms cannot be changed accordingly to the will of one party; (Karnal Distillery Co (P) Ltd vs. Union...
...threat given to them by the Railway Administration”). But the question is whether the threat given to them by the Railway Administration amounts to coercion under Section 72 of the Indian Contract Act? It.... Section 15 of the Indian Contract Act defines “coercion” as under—“‘Coercion’ is the committing, or threatening to commit any act forbidden by the ...unless it satisfied the definition of “coercion” which is found in Section 15 of the Indian Contract Act and that the allegations in the plaint failed so to do because they did...
.... Now as regards the first point, no question of coercion properly so-called arises in this case. Coercion is defined in Section 15 of the Indian Contract Act. It is clear that ...Section 16 of the Contract Act, as it stood before its amendment by...such treatment may not amount to coercion." If the appellant's consent to the submission was caused by undue influence as thus defined, the contract was voidable at his option under Section 19. Now...
...defined in Section 14 of the Indian Contract Act. The compulsion of law is it was said not coercion as defined in Section 15 of the Act. The agreements were enforceable by law and were regarded as...competent to legislate for levy of tax only on transactions which were “sales” within the meaning of the Indian Sale of Goods Act, 1930...place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell [sub-section (3), Section 4]. It is manifest that under the Sale of Goods Act...
...) of the Act of 1954, however, the court below has not returned any finding that the consent of the wife was obtained by coercion or fraud as defined in the Indian Contract Act, 1872...defined in the Indian Contract Act, 1872 (9 of 1872):Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied...Section 25(iii) of the Act of 1954 would be available when the consent of either party to the marriage was obtained by coercion or fraud. In the instant case, we have taken note of that although the...
... marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):
Provided that, in...annulment of marriage has been provided. The Section has described the scope of definition by making it clear that "fraud and coercion" will have the same meaning as defined in the Indian Contract Act. "Fraud" is d...defined in Section 15 of the Indian Contract Act, 1872.
Section 15 "coercion" reads as under...
...Indian Contract Act, 1872, which is relevant in this regard reads as under:
14. Free consent defined Consent is said to be free when it is not caused by (1) coercion, as....
9. Coercion, undue influence, fraud and misrepresentation are defined in Sections 15, 16, 17 and 18 respectively of the Indian Contract Act and reads as under:
...misrepresentation within the meaning of Section 18 of the Contract Act and, therefore, the aforesaid Section also does not apply. No case of ...
...Contract Act. Sect. 15 Indian Contract Act, defines coercion as “the committing, or threatening to commit, any act forbidden by the Indian Penal Code or the unlawful det...must have been executed under undue influence.Sect. 16 of the Indian Contract Act defines what is undue influence:“A contract is said to be...Indian Contract Act not only defines undue influence but it also enables the Court to draw the presumption of undue influence in certain cases.Sect. 16 (a) is...
...the Indian Contract Act, 1872, which is relevant, reads as under:-
"14. "Free consent" defined Consent is said to be free when it is not caused by- (1) coercion, as...respectively of the Indian Contract Act and read as under:
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15. "Coercion" is the committing, or threatening to commit.... The contention of the complainant that the letter dated 23.08.99 was sent because of financial hardship faced by him, does not constitute coercion as defined in section 15 of the Indian Contract Act...