CiteTEXT
...she was treated with cruelty in the matrimonial home and ultimately on 24-7-1978/25-7-1978 she and the children were thrown out from the matrimonial home under duress and at the peril of their lives...sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. This right...in her dealings with it, nor use it himself. But he may take it in case of extreme distress, as in a famine, or for some indispensable duty, or during illness, or while a creditor keeps him in prison...
...Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, the duress, issued for the purpose of collection of Revenue by the Central Excise Department cannot be stayed...provisions of section 22 of sica and submitted that in view of the provisions of Section 22(1) the duress is also to be stayed when the BIFR has taken cognizance of the...of the industrial company or any other instrument having effect under the said Act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like...
...prima facie, Dicitex was facing financial distress and economical duress and in view of its various urgent business liabilities, it apparently signed the said discharge voucher reluctantly. It is not...20-9-2012, Dicitex addressed a letter to the appellant's Chairman, informing him of the financial distress that it was facing, requesting for settlement of the claim on priority basis. Dicitex also...of income tax. It was also argued, on behalf of Dicitex, that it was subjected to economic duress and coercion which resulted in the signing of the discharge voucher, which could not preclude its...
...otherwise, stating that the amount is received in full and final settlement. In such a case, the discharge is under economic duress on account of coercion employed by the employer. Obviously, the...under duress, compulsion and coercion. The coercion is subtle, but very much real. The “accord” is not by free consent. The arbitration agreement can thus be invoked to refer the disputes to arbitration...agreed for settlement due to financial compulsions and commercial pressure or economic duress, the decision was his free choice. There was no threat, coercion or compulsion by the respondent. Therefore...
...bank guarantee by defendant No. 1 on ground of duress, fraud and special equities arising from certain situation. The abovereferred amount of Rs. 1,48,00,000/- is described by defendant No. 1 in the...restraining defendant No. 1 from encashing the said bank guarantee inter alia on the ground of economic duress amounting to coercion, fraud and special equities of the situation.8. It is...denied every single allegation made against it by the plaintiff in respect of the alleged facts on the basis of which the plaintiff has pleaded economic duress, fraud and special equities. The defendant...
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(12) The next question which arises for consideration is as to whether the discharge voucher was executed by the complainant under any duress, compulsion, Coercion etc. No particulars of any...coercion, duress or compulsion except the loss of interest were given in the letter dated 03.12.2012 nor the same have been pleaded in the consumer complaint. Thus the case of the complainant in...was in some kind of financial distress which compelled it to accept the offer made by the insurer. Neither such a distress has been pleaded nor has it been proved by the complainant. The complainant...
...in a fear of violence and distress in her mind and her family and besides it interfered with her mental peace. It was alleged in the complaint that the loitering of the petitioners at the gate of the...., Panaji. 5. The petitioners no. 1 and 2 and the respondent no.2 had decided to bury the past and amicably settle the matter without any duress or influence and accordingly the...duress. 7. Moreover, we have also examined the affidavit filed by the respondent no.2/ complainant who has also indicated therein that the petitioners have made statements that...
...16.2.1984 as of on moment in deciding the claim of the claimant. The plea of coercion and duress must be specifically pleaded and cogent evidence should be adduced by the party to establish that case. In...Court has laid down that an arbitrator cannot act in total disregard of the law of the land.29. I am of the view that the contractor had assumed that he can put forth a plea of duress and...India and no challenge was made by the Contractor.30. The question of duress had been subject matter of consideration by the Courts for a long time and the principles, in my view, had...
.../2013 and 01/07/2013 alleging that they were constantly harassing her by watching the house and the inmates of her house in the manner that resulted in a fear of violence and distress in her mind and...respondent no. 2 had decided to bury the past and amicably settle the matter without any duress or influence and accordingly the petitioner filed an undertaking dated 17/11/2016 before the learned J.M.F.C...the said undertaking given by them willingly and without any kind of pressure or duress.7. Moreover, we have also examined the affidavit filed by the respondent no. 2.complainant who...
...in a fear of violence and distress in her mind and her family and besides it interfered with her mental peace. It was alleged in the complaint that the loitering of the petitioners at the gate of the...., Panaji. 5. The petitioners no. 1 and 2 and the respondent no.2 had decided to bury the past and amicably settle the matter without any duress or influence and accordingly the...duress. 7. Moreover, we have also examined the affidavit filed by the respondent no.2/ complainant who has also indicated therein that the petitioners have made statements that...
...duress it must in fact be so. It is not necessary that the protest should be express nor on the other hand does the fact of verbal protest always mean that the payment ceases thereby to be voluntary but...levied which was in excess by £1-11-6. Although the local authority had no power of distress they had the power to cut off water supply on non-payment of the rent and the argument was that although the...payment was made without any protest yet it must be deemed to have been made under protest or under duress because of the fear that water might be cut off. This was repelled. The case is different where...
...passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be deemed to be ‘consent’ as understood in law. Consent, on the part of a woman as a defence to an...obtained by intimidation, force, mediated imposition, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind...
...before this Court is whether under a Section 11(5) application can the court decide whether discharge vouchers were accepted under distress/coercion/duress. As stated above, the Applicant contends that...allege existence of fraud/duress/distress/coercion and initiate the arbitral process. At this stage, it is apt to refer to the decision of the Supreme Court in.../coercion/duress/distress is in line with the prima facie review test laid down in Vidya Drolia (Supra).20. Now coming to the facts of the case, the Applicant alleges that it had...
...they would give their reasons at a later date. This judgment now contains the Board's reasons.The events of 31 December 2000, which caused great distress and public indignation in St...of which he is accused under the influence of a delusion of such a nature as to render him, in the opinion of the jury or of the Court, an unfit subject for punishment of any kind in respect of such...Court of Appeal was incorrect in holding that the general rule applicable to the plea of insanity applies equally to the plea based on delusion, with the result that the conditions set out in...
...before this Court is whether under a Section 11(5) application can the court decide whether discharge vouchers were accepted under distress/coercion/duress. As stated above, the Applicant contends that...party seeking appointment of an arbitrator can allege existence of fraud/ duress/ distress/coercion and initiate the arbitral process. At this stage, it is apt to refer to the decision of the Supreme...allegations of fraud/coercion/duress/distress is in line with the prima facie review test laid down in Vidya Drolia (Supra).
20. Now coming to the facts of the...
...contends that when a Contractor can successfully demonstrate that the amounts have been received under duress, or because of distress, the arbitration clause would...received any amount either under duress or because of financial distress.
7. The letter dated 12.09.2019 reads as under:
"I am in...a sum of Rs.59,71,05,648/-. The petitioner was under financial distress because of the Covid-19 lockdown and restrictions, and the respondent offered to pay the aforesaid undisputed amount if...
...discharge of the contract of insurance. On the other hand, it is the case of the petitioner that this document was given by the petitioner under duress and coercion, as without this document the respondent... been made as alleged by the claimant?
2. Whether consent to the amount received from the respondent was given by the claimant under duress and...were whether the amount of Rs.8,79,44,848/- was received by the petitioner under duress and coercion or whether the petitioner has received full and final settlement of the claim as alleged by the...
...this constitute triology of Jail of 100 CPC with Bar's bar of in depth study and research.3. Judges disposal mania under duress and distress of an Ass with record load of fifty...
...was executed by the complainant under any duress, compulsion, Coercion etc. No particulars of any coercion, duress or compulsion except the loss of interest were given in the letter dated 03.12.2012..., they accepted the payment offer by the insurer. This is not the case of the complainant that it was in some kind of financial distress which compelled it to accept the offer made by the insurer.... Neither such a distress has been pleaded nor has it been proved by the complainant. The complainant appears to be a fairly large company, it having taken one insurance cover for Rs.70 crores and the...
...to have been there shodding his bull near the road side close by. Both these witnesses heard the words of distress of the deceased “Tamil”. Thereupon both the witnesses ran towards the..., as pointed out by Mayne in his Criminal Law of India (4th Edition - Page 173) refer to two different states of mind, which are distinguished by the words "nature and quality", and the delusion...in consequence of an insane delusion believes that he is striking a bird or is breaking a jar. A man is said to be ignorant of the quality of his act, if he knows the result which would follow but is...