first
respondent had obtained the Settlement Deed by fraud, undue influence and
coercion. It may even be a forged document. The father of the appellant ... first respondent denied that the Settlement Deed
was executed under undue influence, coercion and fraud. He further stated that the
Settlement Deed dated
reasons that the statement
given by them under coercion and threat, however, they failed to give any evidence of the reason given by
them ... were recorded under duress and coercion. They affirmed that there were no
cash favours extended by them for undertaking liaisoning work. The AO however
lesser payment than was due to it under
duress and coercion was first made by Khanna in its letter dated 24th
December ... Voucher had been obtained not only under financial duress but also
under coercion. As Khanna, at that time, had not been provided with
the Final
same had been obtained by the respondents by
putting the petitioner under coercion. The application was considered by
the trial Court and vide order dated ... thus,
trite that a compromise decree which is vitiated by fraud, coercion or
misrepresentation, undue influence or mistake can be recalled by the same
Court
claim certificate on
07.03.2018, which it is stated was under coercion and
duress. Two days after the no claim certificate was submitted,
payment was made ... certificate on
07.03.2018 which should be treated as having been given
under coercion and under compelling circumstances. Thus,
such a certificate obtained on account
correctly. Further he has affirmed that it was recoded without any
pressure, coercion or inducement.
c) The statement u/s.132(4) was recorded ... recorded statement does not
state the true facts or that there was coercion, inducement or threat
while recording the statement. The burden of proof
Whether the plaintiff proves that the 2nd
defendant by playing fraud, coercion and
misrepresentation on the plaintiff had taken a
bogus sale deed dated ... sale deed in favor of defendant No.1 is obtained by
fraud, coercion and misrepresentation and held that the
suit of the plaintiff was barred
plaint that the judgment and
decree is an outcome of fraud, misrepresentation, coercion and is liable to
be set aside and simultaneously, it is also ... passed in accordance with law, hence, there was no fraud or
coercion.
The trial Court framed the following issues:
1. Whether the plaintiff is owner
Court, it was
their case that they were compelled to apply under coercion and
threat of transfer. Having so applied, on 20.03.2007, they orally ... cannot be accepted that
the petitioners had applied under the VSS under coercion,
threat of compulsion. In fact, it had come on record
through
nature at times raise issues like mental incapacity,
feeble mind, undue influence, coercion and fraud. The legal heirs who would
have ordinarily succeeded ... very feeble and debilitated. However, if a defence of fraud,
coercion or undue influence is raised, the burden would be on the
caveator. See Madhukar
