The court held that the Division Bench erred in not considering ...

Court rejects respondent's coercion claim; burden to prove agreement's invalidity. Appeal allowed, order set aside, but costs imposed.

Case Laws Indian Laws

August 31, 2024

The court held that the Division Bench erred in not considering Section 58(f) of the Act. Despite the respondent's claim of threat and coercion in executing the Agreement, the burden was on him to prove it since he admitted to signing it. The First Impugned Order suffered from legal errors and could not withstand scrutiny. Regarding the delay, the appellant's plea of engaging counsel only for the delay condonation was rightly rejected as 'fantastic' by the Division Bench. The First Impugned Order was set aside, effectively nullifying the Second Impugned Order, though it was not faulted. However, costs of Rs.1,20,000 were imposed on the appellant for wasting judicial time, to be utilized for juvenile welfare, advocate-clerks' welfare, and legal aid as directed. The appeal was allowed.

View Source

← Previous Next →

The court held that the Division Bench erred in not considering ...

Court rejects respondent's coercion claim; burden to prove agreement's invalidity. Appeal allowed, order set aside, but costs imposed.

Case Laws Indian Laws

August 31, 2024

You may also like:

Smuggling - foreign origin Gold - burden to prove - The tribunal clarified that the burden of proof under Section 123 of the Customs Act, 1962, solely rested on the...

Suit for recovery of money on the foot of promissory note - Burden/onus to prove - The High Court found in favor of the plaintiff, overturning the decision of the...

Smuggling - Betel Nuts - foreign origin goods - town seizure - notified item or not - onus to prove - The CESTAT recognized that betel nuts were not notified items under...

Burden of proof in a dishonored cheque case under the Negotiable Instruments Act and the legality of the sentence imposed. The court held that the accused failed to...

Validity of WILL - The defence set up by the respondent was that the Will was brought about by undue influence and coercion. In such cases, on the propounder discharging...

Determination of sale consideration - reliance on photocopy of the alleged agreement to sell - The High Court scrutinized the circumstances surrounding the photocopy of...

Addition u/s 68 - unexplained cash credit - receipt of cash from 5 different parties as advance towards sale of shops - when the assessee while discharging the initial...

Confiscation - Smuggling of Betel Nuts - discharge of burden to prove u/s 123 of Customs Act - The betel nut is not notified under Section 123 of the Customs Act, 1962...

Petitioner deposited amount under alleged coercion and protest, claiming inadmissible Input Tax Credit availed. Respondent disputed coercion, stating voluntary deposit....

Seeking refund of amount deposited - department coerced to deposit the tax amounts - The High court found the petitioner's claim of coercion unsubstantiated,...

The High Court addressed the restriction on the petitioner's claim for GST amounts due to the end of the agreement between the respondent and the renter. The court held...

Initiation of CIRP - NCLT rejected the application - Scope of the agreement between parties for use of office space - Unilateral Termination of agreement before the...

Dishonor of Cheque - legally enforceable debt or not - the accused discharged his burden under Sections 118 and 139 of the N.I.Act to prove that the cheque had not been...

Coercion and economic duress - The Respondent’s claim fits in the description of an attempt to initiate “ex facie meritless, frivolous and dishonest litigation” - There...

Import of foods of Malaysian origin - Benefit of Exemption under Preferential Trade Agreement - failure to prove the condition of qualifying value content of the goods...

Quick Updates: