expression “under a misconception of
fact” is broad enough to include all cases where the consent is
obtained by misrepresentation; the misrepresentation should be
regarded ... will of such a
person”. … Although in cases of contracts a consent obtained by
coercion or fraud is only voidable by the party affected
Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 21 March, 2013
Equivalent citations
while dealing with the issue, this Court held:
“….in cases of fraud, ‘undue influence’ and coercion, the
parties pleading it must set forth full particulars ... case
can only be decided on the particulars as laid. There can be no
departure from them in evidence. General allegations are
insufficient even
free will and volition, but due to threat
and coercion at the instance of the accused persons, including the
appellant. It was contended on behalf ... other prosecution witness
have supported the prosecution case. The evidence of the I.O. of the
case is taken would have sufficed
Shankar Kisanrao Khade vs State Of Maharashtra on 25 April, 2013
Author: K.S. Radhakrishnan
admissible through the witnesses at serial nos. 63 to 66 in Special Case
no. 21 of 2006. Our aforesaid determination, commences from the following
paragraph ... admissibility of admissions/confessions is founded. And also, whether
confessions in this case (made to the witnesses at serial nos. 64 to 66)
have been
that it was not the
application by the appellant to transfer the case to CBI. Thus, the
said order dated 1.10.2004 transferring the investigation ... then RDO. The SBCID
threatened the witnesses and recorded their version under coercion.
Moreover, inordinate delay had been there in concluding the
investigation. The High
Succession Act , observed that where the
caveator alleges undue influence, fraud and coercion, the onus is on
him to prove the same ... onus of proof shifts.
The burden of proof in the present case undoubtedly lies upon
the plaintiff to establish the factum of adoption and that
deprived of the legal rights in the suit land. It was the case of the
plaintiff that the will was not executed voluntarily ... basis that it was voluntary and without any
pressure or coercion. That apart, it was contended that the rights of
defendant
Court specifically took note of the following
circumstances:-
“34. The appellant’s case is that although the couple and their
son had initially planned ... consent for shifting
the residence of the minor was obtained by coercion. In
Paragraph 45 of the judgment, it is observed as follows
