Court : Chennai
Decided on : Nov-21-1939
Reported in : AIR1940Mad560; (1940)1MLJ314
..... upon the interpretation to be placed upon the words in the exception to section 19 of the indian contract act. section 19 says that 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. the exception reads as ..... in john minas apcar v. louis caird malchus i.l.r. (1939) 1 cal. 389.6. this court considered the effect of section 19 of the contract act in morgan v. the government of hyderabad i.l.r.(1888) 11 mad. 419, a case very similar to the one now before us. a vendee ..... the defendant who had concealed the fact of the execution of the lease in order to deceive the plaintiff and had induced him to enter into the contract. this is the position here.7. the only decision contrary is that of the bombay high court in harilal dalsukhram sahiba v. mulchand i.l.r ..... property the vendee under english law is not put upon enquiry, but it is said that the exception to section 19 was intended to place the indian law on a different basis.4. the meaning to be placed upon the words used in the exception was fully discussed by the allahabad high court ..... follows:if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-08-1939
Reported in : AIR1940Mad660; (1940)1MLJ582
..... and wolf & sons v. dadyba, khimji & co. i.l.r.(1919) 44 bom. 631 . it may be argued that since the term 'coercion' used in section 72 of the indian contract act has been held by their lordships of the privy council in kanhaya lal v. national bank of india ltd. (1913) 25 m.l.j. 104 : ..... ltd. i.l.r.(1925) 50 bom. 49, in support of his contention that since the plaintiff was negligent in ascertaining the truth, section 72, indian contract act, would be of no help to him. a reference to the decision would however show that it does not support the proposition for which it has been ..... the parties were under in this case, namely, in regard to the territorial limits of the board's jurisdiction, it is recoverable under section 72 of the indian contract act. that a mistake like this was purely a mistake of fact cannot be doubted. it was so held by lord alverstone, c.j., in meadows v. ..... that the money not paid under compulsion of urgent and pressing necessity is not recoverable. a payment made under a mistake as provided in section 72, indian contract act, is a case in point. if money is paid under a mistake of fact, it cannot be said to have been voluntary in the sense in ..... board on that basis. mr. balaparameswari rao (learned counsel for the petitioner) denied this and contended on the other hand that section 72 of the indian contract act made no distinction between mistakes of fact and those of law and alleged that the money paid erroneously was refundable whether it was paid under one kind .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-20-1939
Reported in : AIR1940Bom60; (1939)41BOMLR1290
..... brought about by undue influence, coercion or fraud.3. with respect i am unable to accept the full meaning of the words used there. if an agreement put before the court as a compromise on the face of it was a wagering agreement and therefore void under section 30 of the indian contract act, in my opinion, it ..... certainly be inconvenient to treat it as if it were a suit where all evidence which will make the agreement voidable by reason of the provisions of the indian contract act will be led. but that will not be a' sufficient answer to refuse to take into consideration the plea whether an agreement is voidable or not. ..... agreement' as used in order xxiii, rule 3, excludes not only unlawful agreements, i.e. the object or consideration for which is unlawful as defined in the indian contract act, but all agreements which on the face of them are void and therefore will not be enforced by the court. for this purpose no inquiry is necessary because ..... to be void, i think the court would refuse to pass a decree, to enforce that contract. in the same way if a wagering agreement was put forward as a compromise to the suit, i see no reason why the court should not hold ..... it has no option but to pass a decree in accordance with it. a compromise which is so put forward stands on the same footing as a contract between the parties. if at the ex parte hearing of a suit filed to enforce an agreement which on the face of it appeared to the court .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-1939
Reported in : AIR1940Mad725; (1940)1MLJ340
..... first respondent was voluntary, and it would be a clear case, in my opinion, for awarding relief to the first respondent under section 72 of the indian contract act.5. but the appellant's learned counsel has contended before me that having regard to certain decisions of this and other high courts on the nature ..... matter were res integra, it must have been possible to hold that the plaintiffs are entitled to recover back the amount under section 72 of the indian contract act. the action of the plaintiffs would not be a voluntary payment of the debts of the other defendants nos. 2 to 6 who were liable, ..... of order 21, rule 81, the latter provision imports a species of estoppel which prevents the person making the payment from recovering it as one made under coercion. as i said before, this contention is somewhat startling, though some of the decisions already referred to seem to lend some support to it, but ..... been expressly put into court for that purpose. it will be observed that the full bench was not concerned with a suit to recover money paid under coercion or a claim by way of restitution as to which, as i have already indicated, different considerations will arise. there may be observations here and there ..... he is suffering. his choice of any one alternative does not make it as between him and the wrongdoer a voluntary act, or estop him from claiming that it was done under coercion.'12. i have dealt with this decision of the bombay high court at some length as it is the first of .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-25-1939
Reported in : (1939)41BOMLR1144
..... or was intended to convey the meaning that no memorandum relating to a deposit of title deeds can be within section 17 of the indian registration act unless it embodies all the particulars of the transactions of which the deposit forms part, their lordships are of opinion that no such memorandum ..... that, inasmuch as it was rot registered as required by section 17(1)(b) of the indian registration act, 1838, it is inadmissible in evidence and the mortgage is consequently unenforceable under section 49 of that act. to this the appellants reply that the memorandim did not effect or constitute any transaction between ..... hereditaments and premises described in the said first schedule hereto such as is contemplated in the concluding proviso to section 59 of the transfer of property act (such security having been created prior to the execution of this agreement by the delivery of the documents hereinbefore mentioned-would (sc. shall) ..... that the memorandum was not other than a written record of the particulars of deeds the subject of an agreement constituted in fact by the act of deposit and the payment of the money, and that it neither purported nor operated to create or declare any right, title or interest ..... other places is expressly recognised and saved, doubtless because of the convenience of this form of security in commercial centres (see section 59 of the act as it stood at the date of the transaction with which this case is concerned, and now, by amendment, section 58(f)).3. that .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-17-1939
Reported in : AIR1939Cal614
..... under order 14, rule 2, civil p.c., and for the purposes of this issue, the facts alleged in the(plaint and the contracts, copies of which are contained in ex. 1, are admitted. section 538, calcutta municipal act, so far as it is relevant is as follows:(1) no suit shall be instituted against the corporation or any municipal officer or ..... . 242 and other decisions in english cases upon which that decision was founded have been followed consistently by indian courts, when considering similar though differently worded provisions in, indian statutes. many of these cases were decided prior to the passing of the calcutta municipal act of 1923. it must be presumed that the bengal legislature had notice of these decisions, and if it ..... of the section in each particular case. i am satisfied that a suit such as this for money alleged to be payable under contracts for work done and material supplied and for compensation for breaches of those contracts does not come within the provisions of section 538, calcutta municipal act, and there must be judgment for the plaintiffs upon this issue with costs. ..... had intended to alter the law so as to apply the provisions of section 538 to all suits arising out of contract, including contracts such as those .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-15-1939
Reported in : AIR1940Bom148; (1940)42BOMLR165
..... 000. it was held that the agreement was unfair, unreasonable, extortionate and contrary to public policy, within the meaning of section 23 of the indian contract act, and that the plaintiff was entitled to recover possession of the land in suit on payment of compensation for the advances made by the defendants in ..... own interests. no evidence has been recorded on the second issue in the case, viz. as to whether the agreement was brought about by coercion, duress, fraud or undue advantage as alleged. but we do know as a fact that the sub-registrar refused to register the agreement on the ..... of this agreement and we are hence of opinion that the document does not require compulsory registration [see. section 17(2) (v) of the indian registration act]. the case of hemanta kumari debi v. midnapiir zamindari co. was a case which involved no transfer of property (there the agreement being only ..... an agreement to transfer rights in property which could only come into existence after the death of a person was not compulsorily registrable under the indian registration act. it was also held that the english law of champerty is not in force in india and that fair agreements to share property in ..... as mentioned in the document of october 5 required registration compulsorily and that hence it was inadmissible in evidence under section 49 of the indian registration act by reason of the want of registration as the1 karar created a right in favour of the plaintiff in immoveable property. he further held .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-06-1939
..... in the texarkana charter, that rate regulatory power remains in the municipality and the charter provision to that effect was reserved in the franchise by force of law. it contracted, nevertheless, to furnish the texas city gas at the same rates as arkansas consumers enjoy. there appears no reason why such an agreement should not be enforceable and, ..... these conclusions of this court are inapplicable here for two reasons: first, the subsequent opinion of the supreme court of texas in the geller case indicates that regulatory and contract power may be exercised concurrently in that state; second, the charter of texarkana, texas, gives it specific power to enter into franchise agreements with rate regulation reserved to the ..... with its reserved power to regulate rates are inapplicable, because (a) the state supreme page 306 u. s. 189 court, in a subsequent decision, has indicated that the contract and regulatory powers may be exercised concurrently, and (b) the charter of the municipality here involved specifically empowers it to enter into franchise agreements with rate regulation reserved. p. ..... in deciding that the section was invalid and inapplicable. abdication or delegation of regulatory power. by the act to incorporate the city of texarkana, texas, the legislature granted a special charter which contained delegations of power to the municipality to contract for utilities and to regulate gas rates, and prohibitions against the granting of a franchise without specific reservation .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-17-1939
..... the united states" owning musical copyrights. it declares the combination an unlawful monopoly, the price-fixing in restraint of trade, and the collection of license fees and all contracts by the combination illegal. the bill attacked the statute as contrary to the constitution and laws of the united states and the constitution of florida. more specifically, it ..... be denied. this bill sets out that the exercise of rights granted by the federal copyright act to control the performance of compositions for profit is prohibited by the statute; that existing contracts are impaired; property taken without compensation; recovery on extra state contracts denied, and the equal protection and due process clauses of the 14th amendment violated in manners ..... urged that the law impinged upon rights given by the copyright act of 1909, deprived complainants of rights without due process of law and without the equal protection of the laws, impaired the obligation of contracts already executed, and operated as an ex post facto law. there was a formal allegation that the ..... specifically pleaded. drastic penalties for violation page 307 u. s. 77 of the act are provided. [ footnote 16 ] the manner in, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-05-1939
..... suppression of the privilege cannot be made a substitute for the duty to maintain order in connection with the exercise of the right. the bill recited that policemen, acting under petitioners' instructions, had searched various persons, including the respondents, and had seized innocent circulars and pamphlets without warrant or probable cause. it prayed injunctive relief against ..... handbills in jersey city; that this has been done by policemen acting forcibly and violently; that the petitioners propose to continue to enforce the policy of such prevention; that the circulars and handbills, distribution of which has been prevented, were ..... without authority of law and without promptly bringing the persons taken into custody before a judicial officer for hearing. the court further found that the petitioners, as officials, acting in reliance on the ordinance dealing with the subject, have adopted and enforced a deliberate policy of preventing the respondents and their associates from distributing circulars, leaflets, or ..... that all persons born in the united states, and not subject to any foreign power, excluding indians not taxed, were citizens of the united states, and should have the same rights in every state to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property .....Tag this Judgment!