amount to proof of the allegation of fraud or coercion. Therefore, in the instant case, mere pleading without there being evidence to back it cannot ... fraud, undue influence and coercion thus:
Though pleas of undue influence & coercion may overlap in part in some cases they are separable categories
better established that any other,
it is that in cases of fraud, undue influence and coercion, the parties pleading
it must set forth full particulars ... family appropriating every pice to himself.‖
We will deal with the case of coercion first. I will be seen that the
plaintiffs case regarding that
once observe that there can be no case of coercion in this case, for it is not suggested that the goods were demanded ... offer or, in other words, the case of mistake would be inconsistent with the case of coercion. This is in fact conceded by Mr. Srinivasa
once observe that there can be no case of coercion in this case, for it is not suggested that the goods were demanded ... offer; or, in other words, the case of mistake would be inconsistent with the case of coercion. This is in fact conceded by Mr. Srinivasa
case to case. But in no instance can it be said that the mere plea
that the no claims certificate was given under coercion ... such a case is not voluntary but under duress, compulsion
and coercion. The coercion is subtle, but very much real. The
`accord
some cases they are separable categories in law and must be separately pleaded. In cases of fraud, undue influence and coercion, the parties pleading ... same applies to undue influence and coercion. In the case of coercion when a Ct. is asked to find that a person was threatened with
N.V. Ramaiah vs State Of Andhra Pradesh And Ors. on 29 November, 1985
Equivalent
case and Atic 's case, and such collections have been expressly categorized as being without jurisdiction in Associate Bearing Company 's case ... which falls to be considered is whether this is the case of payment under coercion or under a mistake of law or a payment made
N.V. Ramanaiah And Ors. vs State Of Andhra Pradesh And Ors. on 1 January
coercion, and the payment made in pursuance of the notice would not be an amount collected under coercion and to establish the plea of coercion ... Pradesh concludes the case, and that the suit in this case even if it is treated as one based on coercion should have been filed
