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Manubhai Chhaganbhai Thakore Vs. Union Bank of India and 2 ors.

Court : Gujarat

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 2, 13, 14, 16, 18, 19A, 20, 21 and 22; Constitution of India - Article 226

Reported in : (2007)3GLR2629; (2008)IILLJ226Guj

appellant was not based on free consent. The word 'consent' is defined under Section 13 of the Indian Contract Act, 1872 (for short 'the Act') which says that two or more persons are said to consent when they agree … consent on the part of the appellant. As he was under undue influence, the appellant was entitled under Section 19A of the Indian Contract Act to have the agreement/contract set aside. Thus, his resignation was voidable at his

Y.K. Sethi Vs. Basf India Limited and ors.

Court : Delhi

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 14, 19, 19A and 23; Constitution of India - Articles 12, 14 and 226; Limitation Act, 1963 - Schedule - Article 58; Companies Act, 1956 - Sections 617; Service, Discipline and Appeal Rules, 1979 - Rule 9(1)

Reported in : (2010)ILLJ493Del

Clause 8 of the appointment letter dated 11th July 1997 is void under Section 23 of the Indian Contract Act, 1872 and Article 14 of the Constitution of India. 3. After completion of pleadings, this Court by an order … that such a contract contained thereof by undue influence is also voidable in terms of Section 19 and 19A of the same Act. It is submitted by the learned Counsel for the Plaintiff that with the plaintiff

Dinesh B. Chokshi and Others Vs. Rahul Vasudeo Bhatt and Others

Court : Mumbai

Subject : MRTP

to a written promise to pay the said debt within the meaning of Section 25(3) of the Indian Contract Act, 1872? (ii) If it amounts to such a promise, does such a promise, by itself, create any legally enforceable … the Contract Act. Section 20 of the Contract Act incorporates a category of void agreements. Sections 19 and 19A provide for categories of agreements which are voidable. Section 23 provides that if the consideration or the object

Centre Point Welfare Association Vs. Nita International

Court : Gujarat

Subject : ContractCommercial

Acts : Bombay Provincial Municipal Corporations Act - Sections 10A, 159, 161, 253, 254, 254(1), 260, 260(1), 260(2), 263, 263(1) and 268; Gujarat Ownership Flats Act, 1973 - Sections 2, 3, 3(2), 4, 5, 7, 7(2) and 11; Registration Act, 1908; Urban Development Act, 1976; Gujarat Town Planning and Development Act; Indian Contract Act, 1872 - Sections 19A and 65; Bombay Land Revenue Code - Sections 4, 4(5) and 57; Constitution of India - Articles 12, 14, 21, 32 and 226;Bombay Provincial Municipal Corporations Rules - Rule 10; Assam Land and Revenue and Local Rates Regulation

Reported in : (2001)4GLR2777

were shown. The learned counsel for the builder submitted that in view of section 19A of the Indian Contract Act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of

Sushil Singh a/O Uday Nath Singh Vs. Shree Parbhu NaraIn Yadav Son of ...

Court : Allahabad

Subject : Election

Acts : Representation of Peoples Act, 1951 - Sections 57, 58A, 80, 81, 82, 83, 86, 100(1), 100(2), 123, 123(1) to 123(8) and 135A; Goondas Act - Sections 3; Criminal Law (Amendment) Act - Sections 7; Arms Act - Sections 26 and 27; Contract Act, 1872 - Sections 19A; Code of Civil Procedure (CPC) - Order 6, Rules 11 and 16 - Order 7, Rule 11 - Order 8, Rule 1 - Sections 151; Indian Penal Code (IPC) - Sections 147, 148, 149, 302, 307, 323, 341, 364, 504, 506 and 507

Reported in : AIR2006All187

over the other capable of being unfairly used is known as undue influence. Under Section 19A of the Contract Act 1872, in order to prove undue influence the party alleging undue influence is bound to establish, any of two

Mhow Hosiery Pvt. Ltd. Vs. Jitendra

Court : Madhya Pradesh

Subject : ServiceLabour and Industrial

Acts : Madhya Pradesh Industrial Relations Act, 1916 - Sections 31(3), 61, 62 and 86; Industrial Dispute Act; Indian Contract Act, 1872 - Sections 16, 16(2), 13(3) and 19A; Constitution of India - Article 14

Reported in : [2005(106)FLR889]; 2005(3)MPHT279

law the employment of service is a contract between employer and employee and the Section 19A of the Contract Act, 1872 gives power to set aside contract induced by undue influence which has been defined under Section 16 of

Smt. Latabai Narcinha Telang, Widow of Narcinha Telang Vs. Shri Suresh ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 19A; Specific Relief Act - Sections 26; Bombay Stamps Act, 1958 - Sections 2(1); Code of Criminal Procedure (CrPC) - Sections 152; Constitution of India - Article 227; Code of Civil Procedure (CPC) - Order 23, Rule 3

Reported in : 2005(6)BomCR389; 2006(1)MhLj440

lift to grant such adjournment.]:[Explanation. - An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule ]'The question, … account of divergent views taken by different High Courts as to whether the agreements which are voidable under Section 19A of the Contract Act are excluded or not. In the present case, having regard to the facts, in

Anant Mahadeo Godbole Vs. Achut Ganesh Godbole and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 96(3) and 151 - Order 23, Rule 3 and 3A - Order 33, Rule 3 - Order 43, Rule 1, 1A, 1A(1) and 1A(2); Indian Contract Act, 1872 - Sections 19A

Reported in : AIR1981Bom357; 1981MhLJ640

to Rule 3, provides that an agreement or a compromise which is void or voidable under the Indian Contract Act, 1872, shall not be deemed to be lawful within the meaning of this Rule. In other words, agreements or … adds a clarification again because of the earlier conflict as to whether voidable agreements within the meaning of Section 19A of the Indian Contract Act were or were not excluded from the operation of Rule 3 itself. The

U.P. Government Through Collector, Allahabad Vs. J.R. Bhatta

Court : Allahabad

Subject : ServiceCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9, 107 and 151 - Order 6, Rule 17 - Order 41, Rule 33; Contract Act, 1872 - Sections 16, 19A and 25; Government of India Act, 1935 - Sections 241(3); Constitution of India - Article 311; Allahabad High Court Rules, 1946 - Rule 17; Allahabad High Court Orders, 1946

Reported in : AIR1956All439

17 and Order 41 Rule 33 of Code of Civil Procedure, 1908 and Sections 16, 19A, 25 of Contract Act, 1872, Section 241(3) (b) (iii) of Government of India Act, 1935, Rule 17 of High Court Rules and Orders (Allahabad)

Poma Dongra Vs. William Gillespie

Court : Mumbai

Subject : Contract

Reported in : (1907)9BOMLR143

plaintiffs were in a position to dominate his will.;(1) That reading Sub-section 16 and 19A of the Indian Contract Act 1872 together the Court had the power to interfere and relieve a defendant against what might appear to the