...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...was aged about 19 years on the date of occurrence i.e in the last week of August 1988 or the first week of September 1988. She deposed that her date of birth was 6-8-1969. The appellant also was a...

...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...may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the...

...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...appellant was under any delusion or suffering from any psychiatric disorder. He defined a delusion as an idea that is false, fixed and out of keeping with a culture, religion, ethnicity etc. Their...suffering from a disease affecting the mind that they were ignorant of the nature or consequences or unlawfulness of the act in respect of which they were accused or from a delusion of such a nature as to...

...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..."distress" which was challenged by the said writ petitions which were decided by the learned Single Judge could not be touched either by BIFR or AAIFR. We are unable to agree with him because that is...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...

...by it was under economical or financial duress under the arbitration agreement. It was urged that since Dicitex had signed the discharge voucher and accepted the payment made by the respondents...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...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, the accord...

...No. 1 has contended that the plaint does not disclose material particulars in support of the so-called plea of duress or fraud as required under Order VI Rule 4 of the Code of Civil...irretrievable injustice are the only two exceptions available to the party seeking injunction in a matter of this nature and grounds like economic duress or special equities from the situations are not...of the suit. The defendant No. 1 has, there-fore, contended that the plaintiff was estopped from pleading alleged fraud or economic duress or coercion and the plaintiff had, in any event, waived its...

...his interrogation is a form of pressure, especially in the atmosphere of police station unless certain safeguards erasing duress are adhered to. Policy or rationale or object of the Act have little...becoming the victim of his own delusion or the mechanisation of others to self-incriminate in crime. The confession, therefore, is not received with an assurance, if its source be not omni suspicious...the country as a whole fall within List I Entry 1 or within residuary provisions of Art. 248 r/w List I Entry 97 (Per majority)D. Constitution of India...

...category of exception noted in Boghara Polyfab[(2009) 1 SCC 267](p.284, para 25). As to the financial duress or...the power to go into the question of "accord and satisfaction". In Antique Art (supra) it was held that unless some prima facie proof of duress or coercion is adduced by the..., or personnel visited your office to hand over a letter requesting you to provide the complete survey report of our fire claim no.-513768 for loss dated 28/05/2018. You, in...

...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...17.03.2015 being given under duress and coercion, it cannot be said that the same was given under duress or coercion. The Arbitrator therefore finds that the deduction of an amount of Rs.36,03,099... cold-room from the loose electrical connection. It is pertinent to mention that the claimant did not complain of the discharge voucher having been taken under duress or coercion...

...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...person suffering under the delusion knows the nature of the act done thereunder. If the accused was conscious that the act was one which he ought not to do or that the act was contrary to the law of...therefore fall under Section 76 or Section 79 of the Code, the delusion being a bona fide mistake of fact, and the ordinary rule thereof applies. If the fact would have been lawful under the supposed...

...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...the opposite of what was intended, viz., to make it impossible for Municipalities to levy profession tax from persons carrying on business except when the principal office or place of employment was...within their own jurisdiction. This view was upheld on appeal by a Bench and that being so, it is clear that the appeal must fail unless the appellant can show that the principal place of business or...

...influence or duress, an agreement between the parties cannot be rendered nugatory on the ground that the consideration is not adequate. The Courts do not entertain the plea of inadequacy of...solemnly declares and agrees that he shall not sell or otherwise part with or dispose of any Manganese and Iron ore from the Mine and the Buyer shall be the sole and the only Buyer of all the...Clause 12 of the Agreement contains a negative covenant whereby the Defendant agreed not to sell or otherwise part with or dispose of any Manganese and iron ore from the mine, and that the Plaintiff shall...

...distress. It is a clear case of impersonation with the purpose of cheating the government authority. The documents produced by the individual in support of his claim are false.”3. On the...cheated by the petitioner. No eye witness has been produced by the prosecution with regard to the fact that the petitioner had cheated anyone or on account of dishonest/false representation made by...petitioner with respect to his claim that he was a PVC awardee and they had agreed to or parted with some consideration. Rather, whatever communication the petitioner had was with Havaldar Joseph and not...

...issue whether the discharge vouchers were issued under distress or coercion are to be decided by the arbitrator.11. On a perusal of the facts and pleadings, the question...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...

...aside a disposition for duress or undue influence and setting it aside for fraud. In each case to quote the words of Holmes J. in Fairbanks v. Snow . 1887 13 NE at...duress or conduct analogous to duress, actual or threatened, exacted by or on behalf of the payee and applied to the person or the property or any right of the person who pays Such compul...the result of a threat to break an earlier contract, since the threat or compulsion would be applied to the original contractual right of the party subject to the compulsion or economic duress. This...

...whether the discharge vouchers were issued under distress or coercion are to be decided by the arbitrator. 11. On a perusal of the facts and pleadings, the question...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...

...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.... Under no circumstances the Discharge vouchers shall be collected under duress, by coercion, by force or compulsion. 3...." 8. …………….. A bald plea of fraud, coercion, duress or undue influence is not enough and the party who sets up such a plea must prima facie establish the same by...

.... Under no circumstances the Discharge vouchers shall be collected under duress, by coercion, by force or compulsion..., coercion, duress or undue influence is not enough and the party who sets up such a plea must prima facie establish the same by placing material before the Chief Justice / his...designate. If the Chief Justice / his designate funds some merit in the allegation of fraud, coercion, duress or undue influence, he may decide the same or leave it to be decided by...

...pregnancy. She expresses that she is fine and that continuation of pregnancy is not causing her mental distress or mental agony as it is a wanted pregnancy, no delusion and perceptional abnormality...could be elicited, mood-euthymic, affect-congruent, concept/judgment - intact, insight - present. Impression - No active psychopathology seen at present or in past...