Undue Advantage - Law Dictionary Search Results
Home Dictionary Name: undue advantageUndue advantage
Undue advantage, means 'unfair advantage', Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4)The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4]The expression undue advantage means 'unfair advantage', Naveen Chandra v. State of Uttranchal, AIR 2007 SC 363....
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Fight
Fight. See CHALLENGES TO FIGHT.A fight is a combat between two and more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case, Dhirajbhai Gorakhbhai Nayak v. State of Gujarat, (2003) 9 SCC 322 (327). (Penal Code, 1860, s. 300 Exception 4)A fight is a combat between two and more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. For the application of Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner, Ghapoo ...
Unfair
Unfair, is that the transaction has nothing under-hand in it, that it is honest, just, equitable and upright and that the other party to the contract has not taken any undue advantage, Bashar Mal v. Durga Pershad, (1951) All LJ 263: (1951) All WR (HC) 209: 6 DLR (A) 333....
undue influence
undue influence : improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own compare coercion, duress, necessity NOTE: It is a doctrine of equity that a contract, deed, donation, or testamentary disposition can be set aside if the court finds that someone has exercised undue influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity and disposition on someone's part to exercise such influence, and that the transaction would not have been made except for the undue influence. ...
Undue
Undue, 'undue' must mean something which is not merited by the conduct of the claimant, or is very much disproportionate to it, Sterling General Insurance Co. Ltd. v. Planters Airways Pvt. Ltd., AIR 1975 SC 415 (419): (1975) 1 SCC 603: (1975) 3 SCR 136. [Arbitration Act, 1940, s. 37(4)]1. Not yet owed; not currently payable 2. Excessive or unwarranted, Black's Law Dictionary, 7th Edn....
Pecuniary advantage
Pecuniary advantage, from whatever source are to be interpretend to mean any form of death under this Act, it would dilute all possible benefits conferred on the claimant and would be contrary to the spirit of the law, Helen C. Rebello v. Maharashtra S.R.T.C., (1999) 1 SCC 90.The words 'pecuniary advantage' are of wide amplitude but even so in the context of s. 5(1)(d) of Prevention of Corruption Act, 1947, obtaining goods on credit cannot be held to amount to obtaining pecuniary advantage. If there is an agreement between the officer and the trader that the officer is not expected to pay for the goods then there is no doubt that this would amount to obtaining pecuniary advantage, but if there is no such agreement and the officer does not pay it cannot be said that he has obtained any pecuniary advantage, Delhi Administration v. S.N. Khosla, AIR 1971 SC 1480 (1481): (1971) 1 SCC 872: (1971) 3 SCR 315. [P.C. Act, 1947, s. 5(1)(d)]...
undue
undue 1 : not due : not yet payable [an bill] 2 : exceeding or violating propriety or fitness [would impose hardship on the debtors] [such a requirement would place an burden on employers] ...
Undue preference
Undue preference, the improper preferring of one customer over another by a railway or canal com-pany, prohibited by the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), s. 2. See RAILWAY AND CANAL COMMISSION.As to avoidance of preference of creditor within three months of bankruptcy of debtor, see FRADU-LENT PREFERENCES....
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