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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: kerala Page 1 of about 80 results (0.126 seconds)

Nov 28 2002 (HC)

Elamma Vs. Fr. Joseph Aranhani Olikkan

Court : Kerala

Reported in : 2003(2)KLT536

..... document. moreover there is no case that any case would be registered against rossa unless she executes the document.11. under section 15 of the indian contract act coercion is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing ..... had committed an offence not to register a case and punish him and to agree for such an arrangement also is an illegality. illustration (h) to section 23 of the indian contract act reads as follows:'a promises b to drop a prosecution which he has instituted against b for robbery, and b promises to restore the value of the things taken. the ..... . the further question is whether ext.a-1 can be enforced between the first plaintiff and defendant and whether there is consideration for the same, section 2(d) of the indian contract act states as follows:'when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises ..... the original agreement must be parties to the subsequent agreement also. section 62 of the indian contract act only states that if the parties to a contract agree to substitute a new contract for it or to rescind or alter it, the original contract need not be performed. illustration (a) to section 62 of the contract act reads as follows:'(a) a owes money to b under a .....

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Jan 04 1977 (HC)

State of Kerala and Another Vs. V. K. Ramunni Panicker and Others.

Court : Kerala

Reported in : [1977]108ITR120(Ker)

..... under a mistake of law. on a true interpretation of section 72 of the indian contract act, the only two circumstances there indicated as entitling the party to recover the money back are that the monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled ..... in the ordinary course of business of the state will not make any difference to the position and under the plain terms of section 72 of the contract act the assessee will be entitled to recover back the monies paid by him to the state under mistake of law. but for a civil court to ..... . no distinction can be made in respect of a tax liability and any other liability on a plain reading of the terms of section 72 of the contract act. the term 'mistake', used in that section, has been so used without any qualification or limitation whatever and comprises within its scope a mistake of law ..... payment for his land. and the matter may be viewed in either of two ways, according to the terms of the contract act, ix of 1872, or according to the terms of the limitation act, xv of 1877.'we do not think this decision in any way helps the plaintiff to get over the bar of limitation ..... defendant, dhum singh, refused to refund the amount, for which an allowance in the 'sale consideration' had been made, although in consequence of his own acts, the contract of sale had been declared by the high court not to be enforceable and inferring that the cause of action had arisen on the date of the .....

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Jan 12 1960 (HC)

N.K. Dharmaraja Iyer Vs. State of Kerala

Court : Kerala

Reported in : AIR1960Ker287; [1960]11STC170(Ker)

..... of the tax collected with the second respondent, or refund the same, and section 72 of the indian contract act which reads:'a person to whom money has been paid or anything delivered, by mistake or under coercion, must repay or return it' was pressed into service, relying on sales-tax officer v. kanhaiya ..... assessment order ext. p-2 stands, and cannot be quashed by me. there is therefore no scope for the application of section 72 of the indian contract act. the petitioner has therefore to be denied any remedy; but he had his remedies for improper assessment in both jurisdictions, of which he did ..... this objection had been abandoned by the advocate general, in the high court. the court then proceeded to hold, that under section 72 of the indian contract act, the respondent's claim for refund was well-founded. it will be observed, that the vital distinction in the present case is, that the ..... to realise the tax, the second respondent requested the third respondent, the district collector, trichur, to initiate proceedings against the petitioner under tile revenue recovery act, who accordingly caused a memo ext. p-4 dated may 20. 1958, to be issued to the petitioner, through the fourth respondent, the deputy ..... lal makund lal saraf, (1958) 9 stc 747: (air 1959 sc 135). in that case, the respondent was assessed to sales-tax, also on forward contracts in silver bullion for .....

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Jun 21 2001 (HC)

Narayani Ammal Vs. Sanjeev

Court : Kerala

Reported in : AIR2001Ker305

..... the result of fraud, the document is ineffective.8. s. 19 of the indian contract act deals with the effect of fraud. according to this section, when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.9. it ..... seeking relief of declaration that a document was invalid and for cancellation of two documents. the suit was under s. 53 of the transfer of property act. along with an application for amendment of the plaint to change the prayer from setting aside the two fraudulent documents as one to declare that the ..... the document is void was maintainable in which case the court fee payable was only under s. 25(b) and not under s. 40 of the act. the position here is different in so far as the disputed documents, admittedly stand in the name of the plaintiff and the signatures therein are admitted.5 ..... ' contention and directed the plaintiff to pay court fee under s. 40(1) of the kerala court fees and suits valuation act.3. on the day the suit was taken up for payment of court fee as above, the plaintiff submitted before the trial court that the order ..... paid was insufficient and that actually setting aside of the two documents is required for which court fee is payable under s. 40 of the court fees act and not under s. 25(b). the question was considered as a preliminary point and as per the impugned order, the trial court accepted the defendants .....

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Nov 26 1956 (HC)

N.V. Joseph Vs. Union of India (Uoi)

Court : Kerala

Reported in : AIR1957Ker3

..... and not of law, that view was no doubt adopted in some cases. now section 72 of the indian contract act says:--'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay jt or return it'.the argument was that section 72 contemplated only a mistake of fact and ..... paid under the belief that it was legally due. that belief waa mistaken and that was sufficient to bring the case within section 72 of the contract act.9. it follows therefore that the decree of the court below granting the plaintiff's claim to refund of the salaries which had been paid to the ..... he may be ordered to pay it with interest. 11. the question of recovery of interest as damages under section 73, contract act, where if it is not recoverable under the interest act, had given rise to considerable divergence of judicial opinion but it may now be deemed to be settled by the decision of the ..... not one of law. it was said that if a sum paid under mistake of law be recoverable then section 21 of the contract act would be rendered nugatory. section 21 ..... was to the effect that a contract is not voidable because it was caused by a mistake of law. the argument therefore ran thus that a .....

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Dec 05 1988 (HC)

Kiran Overseas Vs. Assistant Collector of Customs

Court : Kerala

Reported in : 1989(22)LC190(Kerala); 1992(61)ELT361(Ker)

..... , the very foundation of the demand goes and the amount becomes eo instant refundable to the petitioner. section 72 of the indian contract act, 1872 recognises that a person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it. article 265 of the constitution directs that no tax shall be levied or collected except by ..... situation in future cannot be ruled out', the department has taken this to be a fit case for appeal to the supreme court under section 130e(b) of the customs act, 1962. necessary steps for filing the appeal have been taken and the appeal will be filed without delay. the statement then goes on to dissect the order ext. p1 on ..... t.l. viswanatha iyer, j.1. pursuant to proceedings initiated under section 124 of the customs act, 1962, the collector of customs, cochin called upon the petitioner, an exporter, to make payment of rs. 7,32,477.44 as duty, besides imposing a penalty of rs. 3 .....

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Nov 09 2010 (HC)

Pentamvelippura Shaik Koya Vs. Sekkummada Syedkoya

Court : Kerala

..... a settled principle that there will not be any direct evidence but it can be inferred from the surrounding circumstances. no surrounding circumstance vitiating the document as contemplated under sections 16 to 18 of the indian contract act is made out ..... if it is a will is it valid because it exceeds transfer of the property of more than 1/3rd and whether that document is vitiated by undue influence or coercion. 4. let me first consider whether the document is a will or a gift. it is a settled principle of law that the nature of a document cannot be decided ..... died issueless plaintiffs are claiming right under the mohammedan law. according to them, a document ext.a8 executed by attabi in favour of defendants 3 and 7 are vitiated by coercion and undue influence and further that more than 1/3rd of the property cannot be given away in a will and therefore with respect to the excess, the document is ..... is to be dismissed. 5. so far as the validity of ext.a8 is concerned, on the ground of coercion, undue influence, etc. there are no materials supplied to prove the same. it is a settled principle of law that fraud, coercion and undue influence are not to be inferred by mere conjectures and surmises. at the same time, it is equally .....

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Mar 31 2015 (HC)

Nagendra Mani N. Vs. State of Kerala

Court : Kerala

..... 2015 and connected cases -:13. :- 'one-time tax' on 01/04/2007. therefore, the right of refund claimed under section 72 of the indian contract act is also unsustainable, in the absence of an element of mistake. we are also affirming the findings of the learned single judge that the payment effected ..... by mistake, by one of the parties to other, there is an obligation to repay the said money by virtue of section 72 of the indian contract act and the same was accepted, adopted and applied by the apex court in the field of taxation. to fortify the above contention the learned counsel ..... petitions it is seen that the appellants have no case that 'one-time tax' was paid for purchase value, including tax component by mistake or coercion. that apart, the said contention alleging mistake of law cannot be accepted in view of the fact that 'one-time tax' was being collected ..... air1970sc192 and affirmed the wide power of legislature unambiguously. again, relying on the above decision, the apex court reiterated the power of legislature to enact validating acts in bhuvaneshwar singh and another v. union of india and others [1994 (6) scc77.10. the proposition which culled out from the above decisions can ..... legality of the amendment w.a.nos.568 of 2015 and connected cases -:8. :- retrospectively brought about to section 2(e) of the mvt act, in the writ petitions, the learned single judge elaborately considered the same and positively affirmed the legal validity of the amendment. what is the legal .....

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Jan 27 1966 (HC)

Kunjayyappan Kattuparambil Mamu and ors. Vs. Mariam W/O. Puthussery Pa ...

Court : Kerala

Reported in : AIR1967Ker15

..... oath agreement had been accepted by both sides, it was a concluded contract as contemplated by section 5 of the indian contract act and that such a concluded contract could be avoided or resiled from only on grounds contemplated by the contract act. under the contract act a validly concluded contract can be avoided only on the grounds of coercion undue influence fraud misrepresentation or mistake of fact, as contemplated by ..... sections 14 - 22 of the act mr. parameswarn menon is right when he points ..... out that the provision of the contract act that may he applicable to the present case .....

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Apr 06 2010 (HC)

Syndicate Bank Vs. Mohammed

Court : Kerala

Reported in : 2010(2)KLT563

..... the defendants' suggestion for delaying the sale, for the simple reason that on a proper and valid notice having been given under section 176 of the indian contract act. its right to sell the pledged goods had accrued, and it could be exercised after its accrual, it is true that the sale took place ..... been withdrawn. all these contentions were repealed and it was held as follows:but when reference is made to the next section 177 of the indian contract act which provides for the right of the pawnor to redeem the goods pledged at any time before the actual of them, it becomes clear that ..... up for consideration in a number of decisions. as far as this case is concerned, the matter is covered by sections 176 and 177 of the indian contract act. while section 176 confers right of sale on the pledgee after issuing reasonable notice, section 177 confers a power to the pledgee the right to ..... of which the goods were pledged, the pawnee can either file a suit or to resort to sale of pledged goods by giving reasonable notice. indian contract act does not prescribe any particular form of notice or any particulars the notice should contain. what is stated is only that the pawnor should be given ..... whether the view of the appellate court is correct.9. it may be useful to refer to the relevant statutory provisions. sections 176 and 177 of the indian contract act reads as follows:176. pawnee's right where pawnor makes default - if the pawnor makes default in payment of the debt, or performance; at the .....

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