Was the deed released due to coercion or was it through free consent?
Whether the threat to commit suicide is threatening to commit an act forbidden by the IPC?
Coercion is committing or threatening to commit any act that is forbidden by the Indian Penal Code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Whether a threat of filing criminal charges lead to coercion under Section 15 of the Indian Contract Act.
To threaten a criminal prosecution is not per se an act forbidden by the Indian Penal Code. It could only be forbidden if it amounted to a threat to file a false charge. Thus, the plaintiff who sets a plea of coercion based on a threat of this nature has to establish 3 things:
1. The threat was uttered.
2. That it was a threat to commit an act forbidden by the IPC.
3. The threat was uttered with the intention of causing the plaintiff to enter into the agreement complained of.
Whether the receipt dated 7th August 1976 was obtained by the defendant from the plaintiff by exercising undue influence, pressure, coercion, and force as alleged?
Mere fact damages that cannot be assessed with certainty does not relieve the wrongdoer of the necessity of paying damages.
Whether the payment of fine made by the plaintiff was done under coercion and thus was entitled to recover it?
Section 15 of the ICA states that among other things, coercion also includes the unlawful detention of another man's property with the intention of causing him to enter into an agreement.
P. RENGASWAMI PILLAI V. SRIRANGAM MUNICIPAL COUNCIL P.Rengaswami Pillai v. Srirangam Municipal Council AIR 1954 Mad 213 ISSUE: Whether the payments made by the plaintiffs was done under coercion or done voluntarily? RULE: Under Section 72 of the ICA, a person to whom money has been paid, or anything delivered, by mistake or coercion, must...
Even though Kafco honored the contract, can it still be counted as signed under Duress?
Atlas had provided no consideration for Kafco's promise to pay extra. Also, Kafco had neither any time to find any supplier nor did they have any alternate options.
Whether the deed of gift was brought about by the use of Undue Influence?
Just because Prasanna Kumar was of the age of 90, it did not imply that his mental capacity was affected and would be influenced. Nor did the nearness in relationship imply the practice of undue influence.
Whether the plaintiff was made to ratify the gift deeds as a result of threats and undue influence as mentioned under Section 15 and 16 of the Indian Contract Act rendering them to be void?
Importunity or threats or moral command asserted for the sake of peace and quiet, if carried to such an extent by a person by virtue of his position to dominate the will of other, that the judgment or free will of other party is overweighed, then the consent so obtained is vitiated by undue influence.