Court : Allahabad
Reported in : AIR1970All518; 24STC508(All)
..... coercion as defined in section 15 of the act. in spite of the compulsion, the agreement is neither void nor voidable. in the eye of 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 ..... is clear. there is nothing in the levy order which can be accused of vitiating the free consent of the parties, as defined under section 14 of the indian contract act, when entering into the contract of sale. it was a similar test which the supreme court applied in andhra sugar mills ltd. : 1scr705 (supra).12. so, we have here in the levy ..... was not accepted by the supreme court. bachawat, j., speaking for the court, referred to the related provisions of the indian sale of goods act and the indian contract act and, analysing the position under the andhra pradesh sugarcane (regulation of supply and purchase) act and the rulesframed under it; he observed:--'.................... the canegrower in thefactory zone is free to make or not to makean offer .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; 2SCR278; 1986(2)SLJ320(SC)
..... a contract voidable at the option of the party whose consent was so caused. it is not the case of either of ..... they thus form a part of the contract of employment between the corporation and each of the two contesting respondents. the validity of rule 9(i) would, therefore, first fall to be tested by the principles of the law of contracts.77. under section 19 of the indian contract act, when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is ..... the contesting respondents that there was any coercion brought to bear upon him or that any fraud or misrepresentation had ..... apply is section 23 when it states that 'the consideration or object of an agreement is lawful, unless . . . the court regards it as . . . opposed to public policy.' 95. the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy' or 'contrary to public .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(1)BomCR292
..... , the agreement is a contract voidable at the option of the party whose consent was so caused. it ..... is not the case of the defendant that there was any coercion brought to bear upon it or that any fraud or ..... the terms of the contract mutually agreed by and between the plaintiff and the defendant as contained in the said agreement executed on 22nd february 1994 are usually contained in a commercial contract of the nature entered by and between the plaintiff and the defendant. 8. under section 19 of the indian contract act, when consent to an agreement is caused by coercion, fraud or misrepresentation ..... the arbitration agreement as contained in clause 34 of the said agreement read with annexure vi thereto being wholly opposed to the letter and spirit of section 23 of the indian contract act, 1872 is void and unenforceable. on merits of the claims of the plaintiff against the defendant, mr. bhatt has submitted that the plaintiff is not entitled to any .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2005AP328; 2005(4)ALT612
..... coercion, must repay or return it.'the object of section 72 of the indian contract act 1872 is to prevent unjust enrichment and this principle is based on the doctrine of equitable ..... the total amount due to the bank by virtue of the wrong crediting already had been repaid by the respondents/ defendants.19. section 72 of the indian contract act 1872 dealing with liability of person to whom money is paid, or thing delivered by mistake or under coercion, specifies:'a person to whom money has been paid, or anything delivered, by mistake or under ..... , : 4scr789 . in the sales tax officer v. kanhaiya lal, : 1scr1350 while dealing with the aspect of mistake in section 72 of the indian contract act, 1872 the apex court held:'the term 'mistake' used in section 72 contract act, has been used without any qualification or limitation whatever and comprises within its scope a mistake of law as well as a mistake of ..... one on behalf of the respondents/defendants an adverse inference may have to be drawn under section 114 of the indian evidence act, 1872. while making elaborate submissions, the learned counsel had drawn the attention of this court to section 72 of the indian contract act 1872 and also placed reliance on certain decisions to substantiate his stand that both in law and also on .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1968All139
..... such a claim is based on section 72 of the indian contract act.19. section 72 of the indian contract act provides:'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 apparently does not apply. the amount has not been paid ..... by mistake, but it has been paid under the order of the court which ultimately stands vacated. it has not been paid under coercion ..... it was paid under that order which was binding on the defendants. it was not a payment made under any mistaken belief. section 72 of the indian contract act, therefore, did not apply.22. it can, however, not be doubted that a result of the writ petition in this court and the appeal ..... act, they were payments of tax and even though the terms of section 72 of the indian contract act applied to the facts of the present case no monies paid by way of tax could be recovered. ..... that mistake on being established entitled it to recover the same back from the state under section 72 of the indian contract act. it was, however, contended that the payments having been made in discharge of the liability under the u.p. sales tax .....Tag this Judgment!
Court : Jharkhand
Reported in : AIR2004Jhar139; [2004(3)JCR139(Jhr)]
..... and includes any other acts committed by a party to a contract with intent to deceive another party to the contract. section 17 of the indian contract act, 1872 defines 'fraud' and it includes such act which intends to deceive another party and also any other ..... they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void under the indian contract act, 1872. a consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation and mistake and consent is said to be so ..... caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. fraud means ..... act fitted to deceive. in other to constitute fraud, such acts should have been done by the party to .....Tag this Judgment!
Court : Jharkhand
Reported in : [2007(4)JCR325(Jhr)]
..... and this gives occasion to the appellants in the equity of the plaintiffs case as it was upon a contract.section 72 of the indian contract act deals with the liability of a person to whom money is paid or thing delivered by mistake or under coercion and it lays down that a person to whom money has been paid, or anything delivered by mistake ..... or under coercion, must repay or return it. the above principle of law is certainly applicable to the facts and circumstances ..... on the ground that the findings are against the weight of evidence on record and are against the principles of law applicable under the provisions of section 72 of the indian contract act. sri n. bak-shi, learned counsel for the appellants explains that as per the tender relating to the previous year i.e., for the years 1986-88, the terms were ..... court below had, observed that the defendants cannot avail the benefit of the provisions of section 72 of the indian contract act since there was no mistake relating to the terms of previous contract or in respect of the amount of bills payable under the previous contract, nor were the defendants coerced to pay the money to the plaintiff. the learned court below has also .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC2243; (1976)4SCC723; 3SCR387; 1976(8)LC266(SC)
..... also contend that the appellants have no right to claim refund under section 72 of the indian contract act because the payments were neither under mistake of law nor under coercion. it is said by the respondents that there is no coercion because the export scheme was voluntary. again it is said that there is no mistake because ..... in paying the amounts and when exactly the mistake occurred and under what circumstances.31. section 72 the contract act states that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. the mistake is material only so far as it leads to the ..... if it had not been paid payment could have enforced shiba prasad singh v. srish chandra nandi 76 ia 244. see also pollock and mulla contract act 9th ed. by j.l. kapur pp. 519-520). in the present case, the respondents do not support the demand for administrative charges ..... contract, section 21 enacts that, that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that the money was paid ..... and unambiguous position of law which entitles a party to the relief claimed by him equitable considerations are not imported. a contract entered into under a mistake of law of both parties falls under section 21 of the contract act and not section 72. if a mistake of law had led to the formation of a .....Tag this Judgment!
Court : Kolkata
Reported in : 36STC527(Cal)
..... coercion as defined in section 15 of the act. in spite of the compulsion, the agreement is neither void nor voidable. in the eye of the law, the agreement ..... 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 ..... consideration and with a lawful object and is not void under any provisions of law. the agreements are enforceable by law and are contracts of sale of sugarcane as defined in section 4 of the indian sale of goods act. the purchases of sugarcane under the agreement can be taxed by the state legislature under entry 54, list ii. 26. in that decision ..... permit-holder submitted that it is not completely denuded of all the elements of a contract but retained fair amount of volition to the parties entering into the said transaction so as to constitute a sale of goods within the meaning of the indian sale of goods act as laid down by the catena of supreme court decisions referred to by both the .....Tag this Judgment!
Court : Kolkata
Reported in : (2005)1CALLT484(HC),II(2005)DMC233
..... be voidable and may be annulled by a decree of nullity if the consent of either party to the marriage was obtained by coercion of fraud as defined in the indian contract act, 1872. the effect of registration of marriage is laid down in section 13. where a certificate of marriage has been finally entered in the marriage certificate book the marriage shall, ..... as from the date of such entry, be deemed to be a marriage solemnised under the special marriage act. merely because certificate of marriage has been ..... questions arise for consideration in the present appeal. firstly, whether the marriage between the parties is the result of fraud and coercion and thus voidable and to be annulled by a decree of nullity under section 25 of the act. the second question being whether the wife was a minor at the time of marriage on march 30, 1992 and therefore marriage ..... declaring the marriage void then in view of specific provision contained in section 25(3) of the act, court is not denuded of the power or jurisdiction to consider, nor a party to the marriage is precluded from establishing, that the consent was obtained by coercion or fraud to render the marriage void.23. in the case on hand we find that .....Tag this Judgment!