Trace Your Case

ISSUE:

Whether the Appellant can claim his right, under the Section 16 of the Indian Contract Act?

Whether the Respondent was in position to dominate the will of the other party?

RULE:

The burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other.

If a fact is established, then the unconscionable nature of the bargain and the burden of proof on the issue of undue influence come into operation.

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