Insurance claim -- Discharge voucher - Full and final settlement - The petitioner has not been able to show that the discharge voucher in question was obtained by the Insurance Company by undue influence, threat, misrepresentation - Do not find any reason to interfere with the well - reasoned and detailed order passed by the State Commission - Revision petition liable to..........
Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding that sale deed was without any consideration and that power of attorney was got executed from plaintiff by defendant fraudulently and by exercising undue influence - Held, these are findings of fact - Cannot be interfered with in second appeal...........
Succession Act, 1925, Section 306, Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit for declaration by donor or his LRs - Maintainability - Held, a suit for declaration that the documents executed by donor or assignor are not valid, or are vitiated by undue influence, fraud or coercion, could be filed by donor or assignor, as the case may be - Such a suit could be..........
Arbitration and Conciliation Act, 1996, Section 45 -- Reference to arbitration - Power of Court - Agreement assailed on grounds of being null and void on account of undue influence - Only a prima facie view has to be taken whether or not agreement is i, operative...........
Indian Contract Act, 1872, Section 16 -- Unconscionable contract - Commercial contract - Cannot be assailed as vitiated on account of inequality of bargaining power - Moreso when contract was acted upon by the parties - For this reason also, contract cannot be said to be induced by undue influence...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor - Visitation rights of father - Influence of other parent is equally important for healthy growth and development of minor...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - No claim certificate or discharge voucher - Alleged to be obtained by fraud, coercion, duress or undue influence but other side contests the correctness thereof - Chief Justice must look into this aspect to find out at least, prima facie, whether or not the dispute is bona fide and genuine..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - No claim certificate or discharge voucher - Alleged to be obtained by fraud, coercion, duress or undue influence but denied by the other party - Upon receipt of payment there was full and final settlement of claim under the contract - Payment of final bill made - After receipt of payment..........
Consent decree -- Challenged on the ground of fraud, misrepresentation and undue influence - Allegation of fraud, misrepresentation and undue influence must be clearly pleaded and then proved by clear and cogent evidence - Family settlement arrived at between the family members in the presence of relatives - Held, plea that thumb impression was obtained on written..........
Consent decree -- Principles and necessity of registration - (1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence: (3)..........
