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...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...
...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, ...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...(in short “the Contract Act”).16*. At this juncture, a classic proposition of law by this Court in Kharbuja Kuer v. Jang Bahadur Rai...
...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...bargain and operated by way of penalty under section 74 of the Contract Act.” I am wholly unable to agree with this...
...law as to undue influence is the same in the case of a gift inter vivos as in the case of a contract.4. Under Section 16(1) of the Indian Contract Act a ...'.”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...
...that an agreement under Section 7 of the Indian Arbitration Act, 1996 does not require any offer and acceptance.50. It was further submitted that Section 16 of the ...14, 15, 16, 17, 18, 19 and 20 of the Indian Contract Act, 1872. These provisions set out the impediments, infirmities or eventualities that would render a particular provision of a contract or the whole ...contract. The Indian Arbitration Act, 1996, as noticed above, under Section 16 accepts the concept that the main contract and the arbitration agreement form two independent contracts. Commercial r...
...and 27, The Indian Contract Act, 1872.
35 Section 30, The Indian Contract Act, 1872.
...Act, which is based on Article 16 of the Model Law, recognizes the doctrine of competence-competence in Indian arbitration law. Section 16 empowers the arbitral tribunal to rule on its own...Section 11, The Indian Contract Act, 1872..
30 Section 12, The Indian ...
...appellant, in the circumstances proved in the case, fell within the protective provisions of Section 2 of the Indian Contract (Amendment) Act, 1899. It may be convenient to set that ...desirable to make clear their views upon, in particular, Sub-section 3 of Section 16 of the Indian Contract Act as amended. By this sub-section three matters ar...16 of the Indian Contract Act. It remains to be seen whether Auseri Lal used that position to obtain an unfair advantage over the respondent.
14. This case was followed in...
...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 ...section in of the Indian Evidence Act.
6. Undue influence is defined in Section 16 of the Indian Contract Act. In the case of...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 aspec...
...Section 16(3) of the Indian Contract Act. The last part of Section 16 of the Contract ...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...Section 111 of the Evidence Act or dominating position under Sec. 16 of the Contract Act coul...
...towards her at the time of the gift deed and that he was in a position to dominate her will and the transaction of gift was on the face of it unconscionable. Section 16(3) of the Indian Contract Act says...burden of proving that such transaction was not induced by undue influence, shall lie upon the person in a position to dominate the will of another. Section 111 of the Indian Evidence Act also states...it was only a voidable transaction and the suit for setting aside the gift deed would be governed by Article 95 of the Indian Limitation Act. In our opinion, the proposition contented for by Mr...
...raised on the appeal is, whether the appellant, in the circumstances proved in the case, fell within the protective provision of S. 2 of the Indian Contract (Amendment) Act, 1899. It may be convenient to set that ...the Indian Contract Act, 1872, is hereby repealed, and the following is substituted therefor, namely :-
"16. - (1) A...affect the provisions of S. III of the Indian Evidence Act, 1872."
It is, in view of the Board, by that section that the question arising between these parties falls to...
...essential requirements of Section 16(3) of the Indian Contract Act have not been in any manner satisfied by the Defendants and therefore, the burden has not been shifted upon the.... Rajeswari's case deserves only to be rejected.16. Nextly, the legal issue involved is the applicability of Section 16 of the Indian Contract Act. The c...of the learned Counsel for the Appellants is that under Section 16(3) of the Indian Contract Act, the burden is upon the Plaintiff to prove the absence of undue influence on...
...upon the plaintiff (vide Section 16 of the Indian Contract Act). We cannot say that he has discharged the onus.
6. The decision of the lower appellate Court must...qabuliyat. The defendants plead that the contract was induced by "undue influence"
2. The District Judge finds the defendants' pleas proved and has dismissed the suit.
3. On...defendants. They clearly do so and must be deemed to be in a position to dominate the will of the defendants.
4. The next question is whether the contract entered into appears on the...
...the subject Clause 16(2) of the GCC is invalid/void and thus liable to be struck down in view of the provision of Section 23 of the Indian Contract Act, 1872 and hence the said Clause 16(2) will n..., because of this clause being hit by Section 23 of the Indian Contract Act. Once if this Clause 16(2) goes, then, the respondent would be entitled to the payment of interest, especially in view of...sustain the claim of interest.
5. At the outset let me reproduce Clauses 16(1) and (2) of the contract in question as also Section 23 of the Indian Contract Act, 187...
...Indian Contract Act.16. It is trite that having regard to the maxim “ex turpi causa non oritur actio”, an agreement which opposes public policy as laid down in terms of...Government in terms of Section 25-O of the Act. Notices were also issued to the workmen on 12-6-1996 whereupon a purported settlement was arrived at on or about 14-6-1996 in terms of Section 12(3) of the...as is mandatorily required under Section 25-O of the Act, the purported notice dated 29-5-1996 was illegal.2. The closure of the industrial undertaking...
...section 16(3) of the Indian Contract Act, 1872, he submits that the burden of proving that such contract was not induced by an undue influence shall lie on the defendan...relieve the weaker party to the contract from the legal duty to fulfil it if it is found that the consent was not a free consent. The doctrine embodied in section 16 to section 20 of the ...ignorance or infirmity, coupled with undue influence or pressures brought to bear on him by or for the benefit of the other.”14. Section 16 of the Indian Contract Act, 1872 requires that...
...is said to be void, and also Section 10 of the Indian Contract Act, 1872 says with regard to what agreements are contracts and also says with regard to free consent, which is defined unde...counsel also brought to my notice Section 2(f) of the Indian Contract Act, 1872. Section 2(f) of the Indian Contract Act, 1872 says promises which form...part of the consideration for each other, are called reciprocal promises and also Section 2(g) the Indian Contract Act, 1872 says that an agreement not enforceable by law...
...think Illustration (c) to Section 16 of the Indian Contract Act applies and not illustration (d). Under sub-s. 3 of the section the burden was on the plaintiff to prove ...with reference to the amended Section 16 of the Contract Act only--see the judgment of the Privy Council in...to " dominate his will" within the meaning of Section 16 of the Contract Act as amended in 1899--see Sundar...
...corners of Section 16 of the Indian Contract Act, he is entitled to no relief. He must show that he was dominated by the will of the creditor.2. If he can show...market rate, that in itself is evidence that the contract was penal and that there was undue influence exercised upon the debtor, and reliance is placed on the case of...Challaphroo Chowdhury v. Banga Behary Sen(1). In my opinion the law in that decision is stated in too wide terms. The Indian Law does not recognise the English principle...
...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 which the princ...:-
"17. As per Section 19A of the Indian Contract Act, when the consent to an agreement is caused by undue influence, the agreement is a contract voidable...the Indian Contract Act, 1872 to contend that a person to whom the money has been paid by mistake or under coercion must repay or return it. Section 72 of the Indian Contract Act, 1872 re...