Voluntary - Indian Laws - General

Voluntary Black s Law Dictionary (Seventh Edition) defines voluntarily As intentionally or without coercion. Voluntary, adj. 1. Done by design or intention. 2. Unconstrained by interference ; not impelled by outside influence. 3. Without valuable consideration ; gratuitous . 4. Having merely nominal consideration ; voluntariness, In The Law Lexicon by P. Ramanatha Aiyar, the meaning of voluntary has been given as, to quote : Voluntary- Of one s free will, impulse of choice ; not constrained by another ; acting voluntarily or willingly [S. 2(2), Sale of Goods Act]; [Art. 101(3), prov., Const.] Voluntary- The expression voluntary is used in this section to mean naturalisation in the narrow sense of that term and excluding compulsory, involuntary of collective naturalization which some states have adopted at different times. T. E. Mahomed Usman v. State of Madras, AIR 1961 Mad 129 at 138. [Citizenship Act, 1955, S. 9(1)] Means doing of something as the result of the free exercise of the will but not something done under a legal duty. Where a person obtained a passport acted on his own volition and knew the nature of his act and did not act in performance of a legal duty, nor due to coer- cion or fraud or misrepresentation or mistake he has acted volunta- rily. Abdul Salam v. Union of India, AIR 1969 All 223 at 228. [Citizenship Rules, 1956 R. 30] CIT VERSUS RAKESH SURI - 2010 (5) TMI 576 - ALLAHABAD HIGH COURT