INTRODUCTION:. Mr. Patanjali Sastri argued that threatening to commit suicide is not forbidden by the Indian Penal Code. Chikkam Ammiraju And Ors. Leadership Styles - Free download as Powerpoint Presentation (.ppt), PDF File (.pdf), Text File (.txt) or view presentation slides online. vs Chikkam Ammiraju And Five Ors. Chikkam Ammiraju and Ors. Simply because a man escapes punishment, it does not follow that the act is not forbidden by the Indian Penal Code. [1917] 32 MLJ 494, para. It also reaches a man who attempts to commit suicide. 4. which the 1st plaintiff's mother had sold without necessity to the defendant's father's vendor. Whether threat to commit suicide which is not punishable under Indian penal code would constitute Coercion 2. Seshagiri Ayyar, J. that a threat to commit suicide considered to coercion as the meaning of Section 15 of the Indian Contract Act and therefore the discharge action was avoidable (Chikkam Ammiraju Vs. Chikkam Seshamma, 1917). The court ruled in the favour of the respondents as this amounted to coercion. v. Chikkam Seshamma And Anr, [7] where the Court opined that it is simply due to the fact that there is no one left to be punished and consequently, the case is beyond the Court’s jurisdiction. The answer can be found in the decision in the case of Chikkam Ammiraju And Ors. The Code makes a person who abets the committing of suicide punishable. This act of threatening to commit suicide was considered as forbidden by the Indian Penal Code. vs Chikkam Seshamma And Anr. (adsbygoogle = window.adsbygoogle || []).push({}); es unpunished, because the law cannot reach him, and not because the offence is not forbidden. Sobre o Scribd; The last part is the conclusion of the paper which brings out the interpretation of the second part by bringing out the advantage/ disadvantage of the sought after conclusion. Enviado por. On this ground I agree with Mr. Justice Sadasiva Aiyar in thinking that Exhibit A was brought about by the use of coercion and that it should be set aside. vs Chikkam Seshamma And Anr. Law Notes for Law students. Chikkam Seshammas husband and Ammiraju were brothers. It was held by Wallis, C.J. (See Chikkam Ammiraju & Ors. Consent-Sec 13 of the Indian Contract Act defines Consent as “when two parties entered into the contract there should agree upon the same thing in the same manner”, there should be a meeting of minds between the two parties. Facts of the case: The appellant was the brother-in-law of the defendant who had executed a mortgage deed for a certain amount in favor the respondent, her husband and their son. Business … This Cheat Sheet introduces some of the most important concepts in contract law — such as contract formation, promises enforceable because of reliance and restitution, the statute of frauds, the parol evidence. One of the important pre-requisite for a contract to be valid and lawful is that the parties must enter into the contract out of their own free will and with their free consent. Since the very act of committing suicide is forbidden under the Indian Penal Code,1860. INTRODUCTION:. power-spectrum-estimation-1314831110 - Chikkam Ammiraju And Ors vs Chikkam Seshamma And Anr on 23 January 1917 Madras High Court Chikkam Ammiraju And, Chikkam Ammiraju And Ors. Chikham Amiraju v Chikham Seshamma (1912) 16 IC 344 Madras High Court By threat of suicide, a Hindu induced his wife and son to execute a release in favour of his brother in respect of certain properties which they claimed as their own. Chikkam Ammiraju vs Chikkam seshamma Chikkam Seshammas husband and Ammiraju were brothers. Sean Mclean. Although, therefore, there is no provision in the Indian Penal Code which forbids in terms commission of suicide, there can be no doubt that the intention of the legislature is to forbid such an act. Olivier Dressayre Groupe La Poste. In Chikkam Ammiraju Vs. Chikkam Seshama (1918) the question before the Madras High Court was that whether coercion could be caused by a threat to commit suicide. The lower Courts found (a) that the 1st plaintiff's husband (the 2nd plaintiff's, father) did threaten, to commit suicide if the plaintiffs would not execute the release deed and that it was on account of, that threat working on their minds that the plaintiffs executed the deed; (b) that such a threat was, "coercion" and a deed brought about by such a threat is not a deed executed with free consent and, (c) that though the threat was not made by the defendants (the parties to the deed) but by their, brother, the document was voidable as "coercion" Used by a person who is not a party to the deed, also negatived free consent. Chikkam Ammiraju and Ors. Due to love and affection chikkam seshammas husband wanted to release the mortgage in favour of his brother. Terms. On these findings the plaintiffs suit for cancellation of the deed was, 3. sikandarishaq. Seshagiri Ayyar, J. that a threat to commit suicide considered to coercion as the meaning of Section 15 of the Indian Contract Act and therefore the discharge action was avoidable (Chikkam Ammiraju Vs. Chikkam Seshamma, 1917). On the same analogy, a man who commits suicide escapes punishment because by committing the act, he is out of the reach of the law. 1. Privacy As pointed out in The Queen v. The Metropolitan Board of Works (1863) 3 Best and Smith 710 some legal injury must flow in order that the man may be said to have been prejudiced. vs Chikkam Seshamma and Anr. Seshagiri Ayyar, J. that a threat to commit suicide considered to coercion as the meaning of Section 15 of the Indian Contract Act and therefore the discharge action was avoidable (Chikkam Ammiraju Vs. Chikkam Seshamma, 1917). Chikkam Ammiraju and Ors. Chikkam Ammiraju v/s Chikkam Seshamma L.P.A.No.121 of 1916 Decided On, 23 January 1917. Environmental Legislations and Regulations. JUDGMENT Sadasiva Aiyar, J. v. Chikkam Seshamma And Anr, [7] where the Court opined that it is simply due to the fact that there is no one left to be punished and consequently, the case is beyond the Court’s jurisdiction. Section 27 of the Contract Act also lays down an exception of Goodwill. vs Chikkam Seshamma And Anr. The last part is the conclusion of the paper which brings out the interpretation of the second part by bringing out the advantage/ disadvantage of the sought after conclusion. 34 Ind Cas 578, ( 1917 ) 32 MLJ 494 relied upon by the Indian Contract act lays. Like to get the full Thesis from Shodh ganga along with citation details ist! The learned Vakil was that the facts relied upon by the Indian Code,1860! Or university soziale Plattform zum Lesen und Veröffentlichen is punishable under Indian Penal Code,1860 is not sponsored endorsed. 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