Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - Presumption - Promissory note alleged to be executed under coercion and not voluntary - When execution is admitted there is presumption of consideration - To disprove the presumption defendant has to bring on record such facts and circumstances, upon consideration of which Court may either believe..........
Will -- Execution - Proof - Initial onus is on the propounder to prove execution of Will and to remove suspicious circumstances if any - Thereafter, the onus shifts to the respondents - They have to establish their case of undue influence or coercion...........
Limitation Act, 1963, Section 17, Article 59 -- Decree or judgment - Setting aside on ground of fraud, impersonation and coercion etc. - Limitation is three years - Starting point of limitation under Art.59 is the date of knowledge of the alleged fraud...........
Limitation Act, 1963, Article 59 -- Decree or judgment - Setting aside on ground of fraud, impersonation and coercion etc. - It is Article 59 and not Article 58 which is applicable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If respondent was forcibly evicted on..........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Indian Penal Code, 1860, Section 302, 201 -- Murder and then throwing dead body into river - Conviction based on judicial confession, recovery of weapon of offence at his instance and evidence of approver - Even retracted judicial confession can solely form basis for conviction if found true and voluntary - Confession not result of any threat inducement or coercion -..........
Border Security Force Act, 1968, Section 40 -- Border Security Force Rules 1969, Rule 142 - Summary Security Force Court - Dismissal - Plea of `guilty' - Contention that there is non compliance of provisions of Rule 142 of the Rules as signatures of the appellant not obtained in token of plea of guilt repelled - Held that it is always desirable to obtain signatures of the..........
Insurance Claim -- Discharge voucher - Respondent - Complainant failed to prove that her signature on the discharge voucher taken by misrepresentation fraud or by exercising undue influence or coercion - In the view of the matter, after receiving the amount in full and final settlement of her claim the complainant cannot approach a consumer court for payment of the balance..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
