Court : Mumbai
Decided on : Dec-15-1932
Reported in : AIR1933Bom239; (1933)35BOMLR462
..... a limited company, under attachment against his property, he was entitled to recover back the amount on the ground that the payment was involuntary and was made under coercion under section 72 of the indian contract act.9. when the property of any person, which is not liable to be sold in execution of a decree, obtained against a third person, is attached, the ..... save the property from sale, pays the amount to the decree-holder, he can recover back the money so paid under section 72 of the indian contract act on the ground that the payment was involuntary or obtained by coercion.10. in the present case, the plaintiffs paid the money after the sale under order xxi, rule 89, to set aside the sale on ..... ground of fraud. what we have to determine is whether he has a cause of action under section 72 of the indian contract act which enables a man to remove money paid by mistake or undue coercion. 'we have to consider whether there was coercion, for the payment was not made by mistake. the argument of his learned counsel is that the case is analogus ..... , limited (1913) i.r. 40 i.a. 56 15 bom. l.r. 472 that the word 'coercion' in section 72 of the indian contract act is used in its general and ordinary sense, its meaning not being controlled by the definition of 'coercion' in section 15 of the act, and that where the plaintiff, who was the sole proprietor of certain mills, was compelled to pay .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-14-1932
Reported in : (1932)34BOMLR1033
..... of compensation in lieu of notice. but here again their lordships think that there are no facts to support such a conclusion, and they doubt if section 2c6 of the indian contract act, upon which reliance is placed, has any application.11. again their lordships would discard altogether the case law which has been so painfully evolved in the construction of the english ..... income tax statutes-both the cases upon which the high court relied and the flood of other decisions which has been let loose in this board. the indian act is not in pari materia; it is less elaborate in many ways, subject to fewer refinements, and in arrangement and language it differs greatly from the provisions with which the ..... george lowndes, j.1. this is an appeal from a judgment of the high court at calcutta delivered on a reference made to it under section 66 of the indian income-tax act, xi of 1922 the reference arose out of an assessment to income tax upon the respondents for the year 1929-30, in respect of an item of rs. 9,88 ..... other, at all events in the present case in which they think that the solution of the problem lies very near the surface of the act, and depends mainly on general considerations.12. the object of the indian act is to tax 'income,' a term which it does not define. it is expanded, no doubt, into 'income, profits and gains,' but the expansion .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-21-1932
Reported in : AIR1933All70
..... therefore not enforceable in a court of law. on this point the law is clearly defined in section 14 and subsequent sections of the contract act. where a contract is not tainted by coercion, undue influence, fraud, misrepresentation or mistake, the contract has to be upheld in its entirety, unless there is any other law under which a relief can be granted to either party ..... mortgage money fell due and any stipulation that sought to interfere with that right of the mortgagor was bad in law. the case came under section 23, contract act, and was therefore covered by indian law. two cases have been cited before us as showing that rules of equity have been applied by this court and the stipulations between the parties have been ..... the mortgage contract is treated as a stipulation to clog the redemption. thus where the mortgagee and the mortgagor agree that after redemption ..... 'clogs on equity, of redemption.' those rules have to be applied within well defined limits, and what contract may be set aside in england as a mere clog on redemption need not necessarily be set aside having regard to the conditions of the indian law. broadly speaking a stipulation, which gives the mortgagee an advantage which does not arise legitimately out of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-17-1932
Reported in : AIR1933Mad48; (1932)63MLJ707
..... evidence let in by the plaintiff in this case is admissible and cannot be deemed to be obnoxious to the provisions of section 92 of the indian evidence act.14. as i have already observed, this is not a*case where oral evidence is sought to be adduced for proving that the deed is ..... agreement at all but was only a sham as it was not intended to be operative. the dictum in woodroffe and ameer ali's commentary on the indian evidence act, namely, 'although evidence to vary the terms of an agreement in writing is not admissible, yet the evidence that there is not an agreement at ..... expressly mentioned therein. it is only when parol evidence is sought to be let in for proving such a case, that section 92 of the indian evidence act would be a bar and render such oral evidence inadmissible. what the plaintiff seeks to prove in this case is that there was never any real ..... .j. 339 (p.c.) their lordships of the privy council have explained the scope of section 92 of the indian evidence act in the following passage occurring at page 125:the preamble to the evidence act recites that 'it is expedient to consolidate, define and amend the law of evidence', and section 92 merely prescribes a ..... sufficient evidence that this writing is not really the contract. and the risk of groundless defence does not affect the rule itself, though it suggests caution in acting on it.9. it is true that this decision was given before the passing of the indian evidence act. but this same principle has been adopted in later .....Tag this Judgment!
Court : Chennai
Decided on : Feb-11-1932
Reported in : 137Ind.Cas.9; (1932)62MLJ742
..... high courts except the decision in asimuddy v. emperor (1926) i.l.r.54 c.237 is to the effect that section 27 of the indian evidence act is not repealed by section 162 of the criminal procedure code, a conclusion with which i respectfully agree. the decision in the case reported in asimuddy v. ..... no necessity to have a saving clause like the one in section 162, with reference to section 27 of the indian evidence. act.20. the marginal notes to sections 160 and 161 which refer to witnesses cannot be referred to for the purpose of construing the section. ..... section 162, there was a clause: to the following effect:--'nothing in the section shall be deemed to affect the provisions of section 27 of the indian evidence act, 1872.' the words 'any person' occurred in that section also. the inference is that those words included an accused also, as otherwise there is ..... that purpose had to consider the scope of section 162 of the criminal procedure code and section 27 of the indian evidence act. the very basis of the argument of ramesam, j., that section 27 of the indian. evidence act is a special provision, whereas section 162 of che criminal procedure code is a general provision, proceeds on the ..... and it has been exploded long ago. there seems to be no reason for giving the marginal notes in an indian statute any greater authority than the marginal notes in an english act of parliament.21. it may be that by shutting out the statements made by the accused to the police in .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-12-1932
Reported in : AIR1933Cal388
..... the date, the wife was naturally enough not in a position to allege cruelty committed after the date of the deed; as the law under the indian divorce act stands, she could make no case for dissolution of marriage on the ground of adultery by itself, though she could get a judicial separation merely ..... and consequently the decree appealed from must be affirmed.10. i do not refer to this case for the purpose of assuming that the construction of one contract must be a guide to the construction of another. i refer to it to show that we have to keep in our minds two things as ..... decided as to the effect of clause 3, allowed the wife to raise an issue whether the deed of separation had not been obtained from her by coercion: on that question he found against the wife and in favour of the husband. that matter has not been further agitated before us. on his giving ..... cases in england, which have raised the question whether or not subsequent misconduct enables a party, who has entered into a covenant to the effect that prior acts of misconduct are not to be put in issue in subsequent proceedings, to found upon them, as part of the grounds of relief, subsequent misconduct having ..... were settled. one was whether the petition was barred by reason of the previous proceedings. the second was whether the petitioner was entitled to refer to acts of cruelty alleged in the previous proceedings. neither of these issues appear to be effective, nor indeed is there anything in the points which are raised .....Tag this Judgment!
Court : Chennai
Decided on : Apr-19-1932
Reported in : 138Ind.Cas.518
..... during the lifetime of her first husband without any defined rules by whieh the marriage with her first husband is dissolved before the second marriage is contracted such a custom is contrary to public policy and morality and cannot be recognized by the courts.24. in support of the order were quoted sankaralingam ..... by caste usage equivalent to divorce (the mere wish of the woman against that of her husband being insufficient) is an offence under section 494, indian penal code.33. i abstain from expressing an opinion whether there can be divorce among this caste without the consent of the husband on certain other ..... potters in tinnevelly.28. jukni v. queen-empress 19 c. 627. in this case it was held 'that a conviction under section 494 of the indian penal code, cannot be supported where there is evidence to show that by the custom of the caste sagai or nikka marriage wad admissible and that the ..... the deed of divorce did not proceed on grounds which in that caste justified a divorce and hence a second marriage was an offence under section 494, indian penal code.13. in re millard 10 m. 218 is a case like government of bombay v. ganga 4 b. 330 : only the second ..... the complaint was dismissed by the learned sub divisional magistrate on the ground that the second marriage did not come within the purview of section 494, indian penal code.3. a revision petition presented to the district magistrate was summarily rejected and against this order the present revision petition is filed.4. i .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-27-1932
Reported in : AIR1932All293
..... one may give the instance of a compromise decree. the decree cannot stand on a footing higher than that of the contract itself. if the compromise was obtained by undue influence, coercion or fraud and was voidable, the decree could be equally a voided if this were not the case then a party ..... my opinion there can be no doubt that a right to avoid a judgment on the ground of fraud exists independently of section 44, evidence act. a contract obtained by fraud is voidable at the option of the party defrauded. in the same way a judgment obtained by fraud is voidable at his ..... provisions of the civil procedure code are not applicable to partition suits in a court of revenue except within the limits defined in section 112, land revenue act. moreover there is no provision for review of judgment of an inferior court of revenue. the only review permitted is under section 220, and ..... admittedly no suit was filed by the guardian. the revenue court therefore acting under sub-section (2) decided the question against the objectors and ordered partition. the final order for partition was made on 18th october 1922. ..... the names of the applicants were already recorded in the revenue papers the partition court decided to proceed under section 111(1)(b), land revenue act, and directed that the plaintiffs through their guardian should institute a suit in the civil court within three months for the determination of that question. .....Tag this Judgment!