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Start Free TrialIndian Contract Act, 1872 Section 16
Title: Undue Influence Defined
State: Central
Year: 1872
.....sum for his professional services, B employs undue influence. (c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence. (d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.] ______________________ 1.Substituted by Act 6 of 1899, section 2, for the original section 16.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 19A
Title: Power to Set Aside Contract Induced by Undue Influence
State: Central
Year: 1872
1 [Power to set aside contract induced by undue influence When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the by party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations ( a) A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) A, a money-lender, advances Rs.100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 percent per month. The Court may set the bond aside, ordering B to repay the Rs.100 with such interest as may seem just.] ______________________ 1. Inserted by Act 6 of 1899, section 3.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 89
Title: Advantage Gained by Exercise of Undue Influence
State: Central
Year: 1882
Where, by the exercise of undue influence, any advantage is gained in derogation of the interests of another, the person gaining such advantage without consideration, or with notice that such influence has been exercised, must hold the advantage for the benefit of the person whose interests have been so prejudiced.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 129
Title: Officers, Etc., at Elections Not to Act for Candidates or to Influence Voting
State: Central
Year: 1951
(1) No person who is1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavour-- (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vole at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both. 2[(4) An offence punishable under sub-section (3) shall be cognizable.] ______________________ 1. Substituted by Act 47 of 1966, Section 55, for " a returning officer" w.e.f. 14-12-1966. 2. Inserted by Act 47 of 1966,s ec. 55 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 316
Title: No Influence to Be Used to Induce Disclosure
State: Central
Year: 1973
Except as provided in sections 306 and 307 no influence by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 185
Title: Driving by a Drunken Person or by a Person Under the Influence of Drugs
State: Central
Year: 1988
Whoever, while driving, or attempting to drive, a motor vehicle,- 1 [(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or] (b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation. -For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle. ______________________ 1. Substituted by Act 54 of 1994, Section 55, for clause (a) (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 171C
Title: Undue Influence at Elections
State: Central
Year: 1860
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever-- (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 171F
Title: Punishment for Undue Influence or Personation at an Election
State: Central
Year: 1860
Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Section 68
Title: Penalty for Making False Statements for the Purpose of Deceiving or Influencing Any Authority or Officer
State: Central
Year: 1957
Any person who,-- (a) with a view to deceiving any authority or officer in the execution of the provisions of this Act, or (b) with a view to procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder, makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
View Complete Act List Judgments citing this sectionPrevention of Corruption Act, 1988 Section 9
Title: Taking Gratification, for Exercise of Personal Influence with Public Servant
State: Central
Year: 1988
Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by the exercise of personal influence, any public servant, whether named or otherwise, to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
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