Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; 60STC142(Kar)
..... coercion as defined in section 15 of the act. inspite of the compulsion, the agreement is neither void nor voidable. in the eye of the law, the agreement is ..... agreement is recorded in writing and is signed by the parties. the consent of the occupier of the factory to the agreement is not caused by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as defined in section 14 of the indian contract act though he is obliged by law to enter into the agreement. the compulsion of law is not ..... they are inconsistent with the express provisions of the later act. section 2 of the indian contract act provides that when one person signifies to another his willingness to do or to abstain ..... , expressed thus : '(4) under section 4(1) of the indian sales of goods act, 1930 a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. by section 3 of the this act, the provisions of the indian contract act, 1872 apply to contracts of sale of goods save in so far as .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1969Kant230; AIR1969Mys230
..... coercion referred to in this section or in the above illustration is 'with the intention of causing any person to enter into an ..... section. that exclusive definition cannot assist the interpretation of section 72 of that act. that that is so was explained by lord moulton in seth kanhaya lal v. national bank of india (1913) 40 ind app 56 (pc). discussing the meaning of the word 'coercion' occurring in section 72 of the indian contract act, lord moulton said this:'it is impossible to contend that the ..... agreement. the word 'coercion' must therefore be used in its general and ordinary sense as an english word, and its meaning is not ..... amount paid was no longer with him or that he was himself coerced by another to exert duress or compulsion upon the person seeking restitution. 'coercion' within the meaning of section 72 of the contract act is a wrongful act producing liability to restitution which that section statutorily enjoins. the liability to make that restitution is absolute, and there is nothing in that section .....Tag this Judgment!
Court : Karnataka Kalaburagi
..... court observed and held in paras 9, 10 & 24 as follows:- 9. section 72 of the indian contract act is in the following terms: a person to whom money has been paid, or anything delivered by mistake or under coercion, must repay or return it. 10. as will be observed the section in terms does not make ..... , in this regard a useful reference could also be made to the provisions of section 72 of the indian contract act. which reads as follows.72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.-a person to whom money has been paid, or anything delivered, by mistake or under ..... also a mistake of law. there is no conflict between the provisions of s.72 on the one hand and ss. 21 and 22 of the indian contract act on the other and the true principle enunciated is that if one party under a mistake, whether of fact or law, pays to another party money ..... , america and australia that money paid under a mistake of law could not be recovered and that was also the intendment of s.72 of the indian contract act.24. we are of opinion that this interpretation put by their lordships of the privy council on s.72 is correct. there is no warrant for ..... banaras and others vs - kanhaiya lal makund lal saraf reported in 39 air1959supreme court135have conclusively held that the term mistake used in section 72 of the contract act, has been used without qualification or limitation and comprises within its scope a mistake of law as well as a mistake of fact. that the true .....Tag this Judgment!
Court : Karnataka
Reported in : 1990LC341(Karnataka); 1990(50)ELT23(Kar); ILR1990KAR1297
..... except by authority of law.' section 72 of the indian contract act, 1872 reads : '72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.' article 265 expressly ..... prescribed under section 11-b of the act, is confirmed. (iv) the government of india is directed to consider and dispose of the said application within a period of four months from today having due regard to article 265 of the constitution of india read with section 72 of the indian contract act, 1872. ..... of law, he can always make a demand before the government for the refund of the amount on the basis of section 72 of the contract act and if the government fails to make such refund, it is open to the party either to file a civil suit or to approach this ..... and transit insurance charges do not form part of the assessable value of the goods manufactured under section 4 of the central excise and salt act, 1944 ('the act' for short). the order of the supreme court was pronounced on 9-5-1983, but the reasons in support of the order were pronounced ..... f and direct the authorities to dispose of the application without reference to the period of limitation prescribed under section 11b of the central excises and salt act, 1944, within a period of three months from today. petition allowed and rule made absolute accordingly'. aggrieved by the said order, the appellants have .....Tag this Judgment!
Court : Karnataka
Reported in : 2008(1)KarLJ524; ].2007(6)AIRKarR290
..... taken by the petitioner by playing fraud and coercion. further it is contended that the person who has no title over the property cannot sell or bequeath the properly to a third party.8. the learned counsel contended that as per section 202 of the indian contract act, even if the principal died after execution ..... right to sell or bequeath the property as per the terms of the power of attorney.9. it is relevant to quote section 202 of the indian contract act, 1872, which reads thus:202. termination of agency, where agent has an interest in subject-matter. where the agent has himself an interest in ..... power given to the bank was a power coupled with interest and same was irrevocable in view of section 202 of contract act.it is argued that under section 202 of the contract act the agent has got every right to sell the property even after the death of power of attorney. it is argued ..... the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.from the plain reading of the above section it is clear that there is no such wordings as ..... irrevocable power of attorney, and any sale of the properly by him becomes void sale. therefore, any rent agreement and resale agreement obtained by threat, coercion and fraud is void. therefore the trial court has rightly held that there is no landlord and tenant relationship between the petitioner and the respondent. further .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1953Kant33; AIR1953Mys33
..... month. the defendant admitted the execution of the said agreement but pleaded that it was the outcome of fraud, force and coercion; he further, pleaded that the consideration for the agreement was opposed to public policy and offends section 23, contract act. the said agreement runs thus : 'jayamma, daughter of angadi subba rao living as tenant in house no. 11, in the said ..... not vitiated by the mere fact that cohabitation might have been in contemplation as it did not form part of the consideration and in consequence does not offend section 23, contract act.7. in the result, i find no reason to differ from the concurrent decisions of the courts below. the appeal therefore fails and is dismissed with costs.8. appeal dismissed ..... whether the agreement upon which the suit is based is immoral and opposed to public policy and as such unenforceable under section 23, contract act. the courts below concurred in holding that the agreement created a valid and enforceable contract and decreed the suit. the defendant has come up in second appeal.2. briefly stated, the facts that led up to the suit ..... rao, learned counsel for the appellant urged that in addition to the past services, the agreement contemplated future cohabitation) the two together forming consideration for the agreement and consequently the contract is rendered immoral and opposed to public policy. in support of his contention he relied upon the decision reported in -- 'alice marry hill v. william clarke', 27 all 266. in .....Tag this Judgment!
Court : Karnataka
Reported in : III(2008)BC381; ILR2008KAR643; 2008(4)KarLJ240; ILR2008(1)Kar643; 2008(4)KLJ240; 2008(1)KCCR75; 2008(2)AIRKarR287; AIR2008NOC1294; 2008CriLJNOC550; 2008(4)CivilLJ72; 2008(3)AICLR213; 2008(3)ICC619
..... difficulties either he has resigned from the job or he has been removed by the management for not continuing his services at mumbai.12. as per section 25 of the indian contract act, 1872, an agreement without consideration is void unless it is in writing and registered or is a compromise to compensate for something done or is a promise to pay a ..... , the defense taken by the respondent is that the cheque was obtained by him under coercion to exploit his position, as such, it may be termed as a void contract after ascertaining the factual position. chapter vi of the contract act deals with the consequences of breach of contract. section 73 of the said act provides for, compensation for loss or damage caused by breach of ..... an enquiry has to be held to ascertain as to whether the cheque had been issued by the respondent voluntarily out of his own volition or it was obtained under coercion. it is also seen that within a short time the respondent had been transferred by the complainant from bangalore to mumbai and mat the respondent has returned back from mumbai ..... by the complainant it is his specific contention that violating the human rights he has been exploited and he had been removed from the service; the cheque was obtained under coercion and that he has not voluntarily given the cheque; the date and other contents in the cheque are being forged by the complainant except the signature. accordingly, it is contended .....Tag this Judgment!
Court : Karnataka
Reported in : 2000(5)KarLJ371
..... :'in view of the proviso read with the explanation, a court which had entertained the petition of compromise has to examine, whether the compromise, was void or voidable under the indian contract act. even rule l(m) of order 43 has been deleted under which an appeal was maintainable against an order rejecting a compromise. as such a party challenging a compromise can ..... the parties, a party to the compromise decree cannot challenge it, excepting those case, where it is alleged by a party to compromise decree that it was affected by fraud, coercion or the like. it is well-settled that what a person cannot do directly, the same cannot be allowed to be done indirectly.7. the learned counsel for the respondent ..... or right in the property involved in the suit and so she has no locus standi to file the appeal and appeal being not maintainable, the learned lower appellate court acted in excess of jurisdiction in allowing and entertaining the appeal as well as in setting aside the decree.this contention of the appellant's counsel has hotly been contested by .....Tag this Judgment!
Court : Karnataka
..... sale deed was obtained by the defendants by practicing fraud and misrepresentation. the learned judge overlooked the definitions of the expressions undue influence, fraud and misrepresentation as defined in the indian contract act, 1972. from perusal of the definitions, of these expressions, it is clear that they have different connotations/meaning. the appellate court, n my opinion, committed such error of fact and ..... as prayed? additional issues: vi) whether the plaintiff proves that the sale deed dated: 18.01.1993 is obtained by playing fraud on him by defendant and by misrepresentation and coercion? vii) whether the plaintiff is entitled for the relief of cancellation of the sale deed dated 18.01.1993? 12. the lower appellate court, however, framed the following point for .....Tag this Judgment!
Court : Karnataka
..... advocate of ubhl that the applicability of the english law under the contracts executed between the petitioning creditors and kfal and ubhl was to be pleaded as a fact and proved in accordance with section 57 of the indian evidence act, does not impress this court at all. 202. the petitioners are ..... does not find any substantial ground in law upon which the respondent - ubhl hopes to succeed in such proceedings. 178. the assertion of duress or coercion on a corporate body like respondent - company, ubhl, at the point of time when these guarantees were extended to the creditors for securing the financial ..... suits in bombay high court and bengaluru city civil court, challenging the validity of the corporate guarantees itself as having been given under duress or coercion or that on account of defective supply of aero engines, the said company, kfal suffered huge losses and went out of business operations and therefore ..... the petitioning banks including sbi was void ab initio and non-est on the ground that the said guarantee was executed under the duress and coercion and that is a question still pending trial before the bombay high court and therefore, the very basis for these creditors to seek winding up ..... dated 21st december, 2010 given by dr. vijay mallya ("personal guarantee") are void ab initio and non est, inter alia, on the ground of coercion and duress. it is pertinent to note that the bombay high court suit was filed even prior to recall of the kingfisher airlines facilities and/or .....Tag this Judgment!