Furthermore it didnt matter that the person

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Section15 of the Indian Contract Act and therefore the release deed was voidable. Furthermore, it didn’t matter that the person threatening was not party to the contract. The bench disagreed on whether suicide was forbidden by penal code and was Swami’s threat really a threat to some person (prejudice of any person) ? It was inferred by majority that since abetting or attempting suicide is forbidden therefore suicide must be forbidden and the act was prejudicial to Swami himself Coercion contd. Mohammed v Abdul Sattar Jan Two agreements to repay time barred debt. The defendant argued that first agreement was signed as result of false threat of arrest by Police Office who was present at the signing of the Agreement. Second Agreement was signed in the presence of the plaintiff only who threatened to sent a telegram to get the defendant arrested. Court held Agreement no. 1 was not executed under free will, however Agreement No. 2 was. “I am of the opinion that simply because a creditor threatens his debtor to involve him in a criminal case it will not be coercion if there be some basis for prosecution. Undue influence "Undue influence" defined Sec 16.(1) A contract is said to be induced by "undue influence" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. (2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another- (a) where he holds a real or apparent authority over the other or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Nothing in this sub-section shall affect the provisions of section 111 of the Evidence Act, 1872. Examples of undue influence (a) A having advanced money to his son, B, during his minority, upon B's coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs undue influence. (b) A, a man enfeebled by disease or age, is induced, by B's influence over him as his medical attendant, to agree to pay B an unreasonable sum for his Professional services. B employs undue influence. (c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence. (d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually Undue influence contd.. A.R. Azar v Pakistan through Chairman, Railway Board & others The Lahore high court held

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