Section 16 in The Indian Contract Act, 1872
16. 'Undue influence' defined.—
(1) A contract is said to be induced by 'undue influence' where ... contracts a fresh loan on terms which appear to be unconscionable. It lies on to prove that the contract was not induced by undue influence
plea is absolutely inconsistent with the plea of undue influence. As regards the plea of undue influence, we find a single averment in paragraph ... result of undue influence exercised by the second defendant on the deceased first plaintiff.
19. The doctrine of undue influence under common law was evolved
obtained by UPPCL from NPCL by undue influence as defined under Section 16 of the Contract Act and did not amount to a contract under ... cost was actually ascertainable. Hence the contract was not void under Section 29 of Contract Act. Undue influence:
33. I can now examine the first
Contract Act which is extracted below:-
Section 16 :- 'Undue influence' defined.--
(1)A contract is said to be induced by 'undue influence ... obtain an unfair advantage over the
other. 'Undue influence' defined.--(1) A contract is said to be
induced by 'undue influence
contract.
Under s. 16 (1) of the Indian Contract Act a contract is
said to be induced by undue influence where the relations
subsisting between ... render influence, in the
language of the law, "undue".
The law in India as to undue influence as embodied
undue influence', and
that the defendants having failed to submit themselves to
give evidence in support of their plea of coercion or undue
influence ... Section 16 of the Contract Act provides:
"(1) A contract is said to be induced by
'undue influence' where the relations
subsisting
unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate ... establishing a case either of mental distress or of undue influence under the Indian Contract Act . The only case which the appellant
Contract Act, which reads as follows:
“16. ‘Undue influence’ defined.—(1) A
contract is said to be induced by ‘undue
influence’ where the relations subsisting ... unconscionable, the burden of
proving that such contract was not induced by
undue influence shall be upon the person in
a position to dominate
lawful agreement or compromise'. Fraud, undue influence or coercion makes a contract voidable and not void. The question arises whether, in an application under ... been procured by fraud, undue influence or coercion. It is true that fraud, undue influence or coercion makes a contract avoidable one and not void
under coercion or undue influence of the plaintiff. "Under influence" is defined in Section 16 of the Indian Contract Act, which runs ... contract was not induced by undue influence shall lie upon the plaintiff. The above ingredients of
what is undue Influence may now be considered
