Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... with state under annexure-1 to the writ petition, no details of such alleged compelling circumstances nor coercion has been stated in the writ petition. in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is 'voidable' at the option of the applicant. accordingly, in the event the petitioner-sail (rmd) ..... it is further contended that since the use of water in mining operation was also covered by another central act namely, water (prevention & control of pollution cess) act, 1977 as well the petitioner claimed to have an indefeasible riparian legal right under indian easement act, 1882. it is also submitted that river karo from which water has been drawn by the petitioner company for ..... the petitioner to execute the agreement under the provisions of orissa irrigation, 1959 on 17.11.1991 (annexure-1) and to pay the illegal water charges even though the aforesaid act was not applicable for use of water from non-irrigation works like natural stream and river and subsequently, when opposite party no. 2 demanded larger amount by applying the new ..... its use is an inter-state river and the said river was covered by river board act, 1956 and the state was denuded of its legislative power.9. .....Tag this Judgment!
Court : Orissa
Reported in : AIR1997Ori77
..... his claim. in my view,' the provisions of section 72 of the indian contract act, 1872 provide the answer. this provision reads thus :'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, ..... , be a claim falling under section 72 of the contract act, for it has been held in union of india v. steel stock holders syndicate, poona, air 1976 sc 879, that the indian railways act does not supersede the provisions of the contract act.19. the question which now arises for consideration is, ..... in the schedule of taxation act, a suit for recovery of excess money brought under section 72 of the contract act on the ground that it was paid under a mistake, was maintainable. similar would be the case if the amount is paid under 'coercion'' which word in the context ..... whether the railway administration can resist; the claim by taking recourse to the provisions of section 76a of the act (section 69 of the new act), which reads thus ..... kharagpur-tata-nagar-chakradharpur-rourkela covering a total distance of 1082 kilometres. however, in view of a notification issued under section 27a of the indian railways act, 1890, the central government had notified certain routes called 'rationalised routes' over which particular traffic had to be booked and accordingly, in .....Tag this Judgment!
Court : Orissa
Reported in : AIR1959Ori188
..... above definition it appears that section 123 of the act is wider in its connotation than section 101 of the english act. while the english act contemplates a coercion and fraudulent device, the indian act under sub-section (2) of section 123 intends to cover both 'coercion' and 'undue influence' as understood by 'the statute law, that is, the indian contract act (act ix of 1872). thus, the question for ..... was a p.w.d. contractor.as regards the employment of the 'bethi' labour, r.w. 1 admitted the petitioner to be a contractor and had taken up a contract for the construction of the police building at omarkote. according to him, some of the labourers had approached him with a petition complaining non-payment of the wages by the ..... of this court inradhakanta misra v. nityananda mohapatramisc. appeal no. 1 of 1958 this court had takenthe view that the definition of 'undue influence' in section 123 of the act is rather wide in its term and contemplates four distinct forms of interference with thefree exercise of any electoral right, viz., direct interference, indirect interference, direct attemptat interference and indirect ..... of the leaflets and booklets in question. further, he challenged the maintainability of the petition as stated earlier, on the ground that the requirement of section 117 of the act had not been complied with.8. the findings of the tribunal regarding the remaining corrupt practices were that there was no undue influence practised on the electors by the returned .....Tag this Judgment!
Court : Orissa
Reported in : 77STC303(Orissa)
..... unlawfully disseised of them. looked at from another angle under section 72 of the indian contract act, a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. section 72 of the contract act includes payment made under a bona fide mistake of law. in our view, ..... the latter, in order to obtain what is due to him, does not enjoy the benefit of any action based on contract, quasi-contract, delict or quasi-delict. the fiction of quasi-contract was useful historically in creating a remedy for certain cases of unjust enrichment. in our view the time has come at ..... no dispute with regard to facts. in these cases notices of admission and hearing were issued in 1981 and 1982. it would not be an act of propriety to throw out the writ applications particularly when the writ applications were entertained after hearing the learned counsel for the state as well as ..... the claim of deduction in respect of first point tax-paid goods was in order and the initiation of the proceedings under section 12(8) of the act was, therefore, without jurisdiction. for this purpose reliance has been placed on a decision of the allahabad high court reported in  33 stc 556 ..... cement and is to be taxed at the same rate and at the first point of sale. subsequently, proceedings under section 12(8) of the act were initiated by the sales tax officer concerned. the basis for such initiation is not known except that in the case of jamula venkata ramana & sons .....Tag this Judgment!
Court : Orissa
Reported in : 1990(29)ECC372
..... what provision of law refund can be claimed? mr. patnaik states that section 72 of the indian contract act would take care of refunds claimed on account of mistake. section 72 says:-a person to whom money has been paid or anything delivered, by mistake or under coercion, must repay or return it.strong reliance has been placed in this context on the recent ..... matter had really hot been gone into in mahabir kishore though it was noted in paragraph 16 that the question of unjust enrichment in cases under section 72 of the indian contract act had been referred by the court in the cases mentioned in that paragraph. the three cases referred in that paragraph as well as many decisions of different high courts were ..... ) (app).9. in view of the aforesaid decisions we hold that refund can be allowed in a petition under article 226 of the constitution and that section 72 of the indian contract act would provide the basis to claim refund of tax paid under mistake and that in such a case the general law of limitation would apply. let us now see as ..... expiry of six months from the relevant date. as regards the contention of the petitioners that section 11-b of the act did not apply as the present was a case of mistake of law attracting section 72 of the contract act because of which the claim for refund could be preferred within three years under the general law of limitation, the view .....Tag this Judgment!
Court : Orissa
Reported in : 40(1974)CLT1119; 35STC195(Orissa)
..... mines rules.with regard to the factum of compulsion, their lordships also examined the question with reference to the relevant sections of the contract act relating to coercion, undue influence, fraud, misrepresentation and mistake and concluded that the supply of food and drink by the company to its workmen was not the ..... result of 'coercion' or 'undue influence' as defined in sections 14 and 15 of the contract act. it is not necessary for us to repeat the reasons. we accept those very reasonings.12. several decisions have ..... s.t.c. 26 (a.p.), their lordships examined the identical question with reference to the corresponding rules of the indian factories act, 1948, and observed :it is thus seen from the act and the rules that while the occupier of a factory is obliged to maintain a canteen and serve food and drink ..... thirumagal mills ltd.  20 s.t.c. 287 (mad.), fort gloster industries ltd. v. member, board of revenue  26 s.t.c. 141 (cal.), indian iron & steel co. ltd. v. member, board of revenue  27 s.t.c. 373 (cal.) and motor industries co. ltd. v. state of mysore [1971 ..... and drink to workmen in the canteen maintained by the company, in pursuance of the indian factories act and the rules, are sales and do constitute business for the purposes of the andhra pradesh general sales tax act.we are in respectful concurrence. the same principle applies to this case where canteens are .....Tag this Judgment!
Court : Orissa
Reported in : 1993(I)OLR228
..... the said tax. payment of tax or duty which is without authority of law is a payment made under mistake within the meaning of section 72 of the indian contract act. the apex court in m/s. shiv shankar dal mills etc. etc. v. state of haryana and ors. etc., air 1980 sc 1037, u. ..... sc 383 and state of madhya pradesh, v. vyankatlal and anr., air 1985 sc 901 referred to unjust enrichment in cases under section 72 of the contract act. the said section is based on equitable principles. therefore, by claiming to retain the tax which has been collected without the authority of law, the ..... government cannot enrich itself and is liable to make restitution to the person who had made payment under mistake or under coercion. while it would be abhorrent to principles of justice to hold that the state which has unjustly enriched itself by collecting tax without authority of ..... fairbairn lawson (1943) ac 32 : (1942) 2 all er 122 pointed out 'the obligation is as efficacious as if it were upon a contract. such remedies are quasi contract or restitution and theory of unjust enrichment has not been closed in english law.' while therefore, holding that section 9-b (3) has no ..... in mahabir kishore and ors., v. state of madhya pradesh, air 1990 sc 313 the relatively modern principle of restitution is of the nature of quasi-contract. the principle of unjust enrichment requirest first, that the defendant has been 'enriched' by the receipt of a 'benefit'; secondly, that this enrichment is .....Tag this Judgment!
Court : Orissa
Reported in : AIR1956Ori81
..... purpose of proving fraud.5. the next point of law that, is urged by mr. mohanty is based upon the exception to section 19, indian contract act. his contention is that the plaintiff cannot avoid the contract as he had the means of discovering the truth with ordinary diligence; and he is guilty of not having exercised ordinary diligence in not waiting ..... sign the petition of withdrawal; nor did the plaintiff ascertain from nrusingh as to whether he would agree to the withdrawal of the suit.section 19, contract act makes provisions for avoiding agreements caused by coercion, fraud or misrepresentation. the exception to section 19 runs as follows:'exception--if such consent was caused by misrepresentation or by silence, fraudulent within the ..... meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary ..... diligence is necessary if it is a case of active misrepresentation or silence amounting to fraud and eases of fraud by active misrepresentation as defined under section 17, clause (3), contract act will not be covered by the exception.this view also has been accepted by other high courts: vide '-- 'venkataratnam v. sivaramudu', air 1940 mad 560 (c) and -- 'j. .....Tag this Judgment!
Court : Orissa
Reported in : AIR1995Ori186; 1995(I)OLR96
..... the corporation under the banner scheme. the answer to the question depends on the interpretation and inter play of relevant provisions of the indian contract act, 1872 (for short, 'the act'). under section 21 of the act it is laid down that a contract is not voidable because it was caused by a mistake as to any law in force in india; but a mistake as ..... . the commr. of civil supplies,reported in air 1976 sc 2243 in which it was held that sectionn 72 of the contract act states that person to whom money has been paid or any thing delivered by mistake or under coercion, must repay or return it; that the mistake is material only so far as it leads to the payment being made without ..... for the facilities provided by it to the agents. they had also paid the service charges voluntarily. it is not the case of the petitioners that there was any fraud, coercion or undue influence exercised by the corporation in the matter. no doubt, this court held that arrangement for operation of passenger transport service by agents utilising the permits held by ..... 72 which makes provision relating to liability of person to whom money is paid, or thing delivered, by mistake or under coercion lays down that a person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it. 5. these provisions have been interpreted -by courts from time to time. the privy council in .....Tag this Judgment!
Court : Orissa
Reported in : AIR1976Ori163
..... formsaforesaid, particulars (with dates anditem if necessary) shall be stated in thepleading.' 'undue influence' has been defined in section 16(1) of the indian contract act thusi- 'a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position ..... with the question of limitation and has stated :--'on the question of limitation, the learned subordinate judge has held that under article 91 of the indian limitation act 1908, the suit for setting aside the sale deed (ext. b) on the ground of undue influence should have been instituted within a period ..... persuade him to make a disposition in his favour. and if the testator retains his mental capacity, and there is no element of fraud or coercion--it has often been observed that undue influence may in thelast analysis be brought under one or the other of these two categories -- the will ..... of which any court ought to take notice, however strong the language in which they are couched may be, and the same applies to undue influence and coercion. .....'in the case of ladli parshad v. karnal distillery co. ltd, air 1963 sc 1279, shah, j (as the learned judge then was) spoke ..... been furnished. now if there is one rule which is better established than any other, it is that in caseg of fraud, undue influence and coercion, the parties pleading it must set forth full particulars and the case can only be decided on the particulars as laid. there can be no departure .....Tag this Judgment!