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1 - 9 of 9 (0.32 seconds)Section 16 in The Indian Contract Act, 1872 [Entire Act]
Section 101 in The Code of Civil Procedure, 1908 [Entire Act]
Section 103 in The Code of Civil Procedure, 1908 [Entire Act]
The Indian Contract Act, 1872
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Raghunath Prasad vs Sarju Prasad on 18 December, 1923
In Subhas Chandra case (ibid), this Court quoted with
approval the observations of the Privy Council in Raghunath
Prasad v. Sarju Prasad(2) which expounded three stages for
consideration of a case of undue influence. It was pointed
out that the first thing to be considered is, whether the
plaintiff or the party asking relief on the ground of undue
influence has proved that the relations between the parties
to each other are such that one is in a position to dominate
the will of the other. Upto this point 'influence' alone has
been made out. Once that position is substantiated, the
second stage has been reached -namely, the issue whether the
transaction has been induced by undue influence.
Ladli Prasad Jaiswal vs Karnal Distillery Co., Ltd., & Ors on 17 December, 1962
It is well settled that a question whether a person was
in a position to dominate the will of another and procured a
certain deed by undue influence, is a question of fact, and
a finding thereon is a finding of fact and if arrived at
fairly, in accordance with the procedure prescribed, is not
liable to be reopened in second appeal (Satgur Prasad v. Har
Narain Das;(2) Ladli Prashad Jaiswal v. The Karnal
Distillery Co. Ltd.(3).
Satgur Parsad vs Har Narain Das on 18 January, 1932
It is well settled that a question whether a person was
in a position to dominate the will of another and procured a
certain deed by undue influence, is a question of fact, and
a finding thereon is a finding of fact and if arrived at
fairly, in accordance with the procedure prescribed, is not
liable to be reopened in second appeal (Satgur Prasad v. Har
Narain Das;(2) Ladli Prashad Jaiswal v. The Karnal
Distillery Co. Ltd.(3).
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