সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Undue influence
Whether relationship of daughter to mother lead to a presumption of undue influence or control by the daughter upon the mother-Whether in a transaction between the daughter and the mother the daughter is to discharge the onus of proving the bona fide of the transaction-Mere relationship of daughter to mother by itself does not lead to a presumption of undue influence or control by the daughters upon the mother-In the absence of any pleading of undue influence in obtaining the kabala from the executant and that the daughters were inactive confidence of the mother Courts below did not commit any error of law in not considering these questions-The ground of undue influence in challenging the kabala ought to have been pleaded so that the other side was alive to the question and could meet the same in the trial-ANoop Chand vs Mst Hozzain Banu and ors (1986) BLD 173.
Undue influence and incapacity to enter into contract are totally different things. 104 IC 527; 1927 (Cal) 889: 55 C 285; 22 C 324 PC (Fol).
Wife does not fall under the class of "protected" person in respect of whom in certain relationships there is a presumption of undue discharge the influence though in some cases it is easy for the wife bonus. 1934 PC 210: 1934 ALJ 763 PC.
Where the wife is younger than the husband there cannot be any legal presumption that she is in a position to dominate the will of herhusband. 1930 (All) 169: 123 IC 369; 52A, 368.
Strong motive for executing a document raises no presumption of undue influence. 1933 (Lah) 835.
Inadequate consideration may give rise to the inference of fraud or undue influence. 96 IC 468; 1926 (Pat) 539.
Power to set aside contract induced by undue influence where the executant of a document had no opportunity to have it cancelled on the ground of undue influence, his representative can raise the defence of undue influence. 59 CLJ 387; 1934 (Cal) 762.
Where the mortgagor has not avoided the mortgage on the ground of undue influence, a transferee from him of a portion of the mortgaged property cannot avoid the contract. 40 CL 67; 1925 (Cal) 94.
When the defendant No.1 had a dominant position on account of close association with the Martial Law Authority and then bargain obtained by defendant No. I in the compromise petition was clearly unconscionable because the plaintiff had to give up his right foot claim in the contractual land, the defendant No. I has to prove that the compromise was not attained by undue influence which he has miserably failed to discharge. Abul Hossain vs Farooq Sobhan & ors 4 BLC (AD)241
Defandant is not precluded, by the law of limitation, to resist a claim by way of defence on the ground of fraud or undue influence. 28 B639; 30 M 169.
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