Court : Punjab and Haryana
Decided on : Apr-16-1951
Reported in : AIR1952P& H224
..... contract voidable at the option ot the party whose consent was so caused. in ..... trial court was in error in finding that the contract of transfer of shares was void. in this connection counsel cites sections 19 and 19a of the indian contract act, 1872, hereinafter referred to as the act.9. in plain english sections 19 and 19a of the act provide that when consent to an agreement is caused by coercion, fraud and undue influence, the agreement is a ..... plaintiff-respondent cannot be allowed to urge this point in these proceedings.22. for the foregoing reasons, i find that the contract in question was voidable under sections 19 and 19a of the act and that article 91 of the indian, limitation act governed civil suit no. 202 of 1944.23. considering then that fida hussain on hisown showing came to know about the ..... of gift and exchange, thereby alienating the property from herself to the defendant. upon those facts the court found that the contract was void 'ab initio' and the suit was governed by article 120 or article 144 of the indian limitation act.12. in 'raja singh v. chaichoo singh', air 1940 pat 201, meredith. j-, (fazl ali, j., concurring) said :'if titai executed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-06-1951
Reported in : AIR1951SC253; 2SCR474
..... federal court of india against the dominion of india and the province of bihar for the following reliefs : '(a) interpretation of the relevant provisions of the government of india act, 1935, the indian independence act, 1947, and of the states merger (governors' provinces) order, 1949; (b) declaration that the dominion government has no authority vested in it to assume any power or jurisdiction ..... may be), the plaintiff ceased to be a distinct legal unit and had no capacity to maintain the suit. the said agreement was a political agreement and not a civil contract requiring consideration for its effectiveness and, in any case, was a concluded agreement supported by consideration. in view of that agreement, all the actions, notifications and orders referred to in ..... construed as applicable to future contracts and agreements only, and that if the next part stood alone, it would, though not so clearly, be construed to apply to future actions only and it should be construed ..... , nevertheless the court of exchequer held that that section did not apply to suits which had been instituted though not decided before the act came into force. it was observed by baron parke that the enactment 'that all contracts or agreements, by way of gaming or wagering shall be null and void', if it stood by itself, ought most clearly to be .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-31-1951
Reported in : AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715
..... formidable argument was, however, advanced by mr. jathar in connection with this transaction and it was that the consideration was unlawful and therefore the contract was void under section 23 of the indian contract act. section 23 of the indian contract act lays down that :'the consideration or object of an agreement is lawful, unless- the court regards it as immoral, or opposed to public policy ..... the withdrawal of a prosecution against a person, in respect of a non-compoundable offence which has been taken cognizance of, is against public policy under section 23 of the indian contract act, 1872, and is therefore void and unenforceable.'there, again, the same principle to which we have referred above was accepted, viz., that if there is a bargain between ..... as a security for the general balance of the amount, which the bankers are entitled to call for and retain in accordance with the provisions of section 171 of the indian contract act. the expression 'as security for all types of balances that may be found due by us individually or jointly under the loan account, current account, cash credit account, ..... promissory note, defendant no. 3 contended that the promissory note having been passed for stifling a prosecution for a non-compoundable offence was void under section 23 of the indian contract act, and it was held that the consideration for the promissory note having been the compounding of a non-compound able criminal charge, the agreement was void altogether and defendants .....Tag this Judgment!
Court : Chennai
Decided on : Dec-04-1951
Reported in : AIR1952Mad779; (1952)IMLJ705
..... to be given away as a gift or a present to the appellants by any means, and such being the case, i am of opinion that section 72 of the indian contract act comes into operation and applies to the facts of this case. it must be stated that when the motor vehicle was delivered by the appellants to the respondent, it was ..... the part of the appellants in inducing the respondent to pay more than the controlled price, section 19 of the indian contract act came into operation and under that section, agreement between the parties was voidable, and the respondent not having avoided the contract by returning the vehicle which he had purchased from the appellants which it was open to him to do, he ..... connection. i do not think these decisions apply to the facts of the present case, for. i think, this case is one which comes directly under section 72 of the contract act. the simple fact in this case is that money has been paid in excess of the controlled price under a mistake of fact. both the parties, as i have already ..... retain the benefit thereof. section 72 is clear and it is in the following terms : 'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.' mr. bhashyam, learned counsel for the appellants has invited my attention to certain passages in 'jagadish prasad v. produce exchange corporation', air 1946 cal. 245 .....Tag this Judgment!
Court : Allahabad
Decided on : May-10-1951
Reported in : AIR1951All746
..... consisting of a series of mutual covenants entered into by all the share-holders inter se in accordance with section 16 of the companies act, 1862. the contract contained in the articles of association is one of the original incidents of the share. a share is not a sum of money ..... to cover the right or interest which a share-holder may have in the assets of an incorporated company. it is true that, under the indian companies act, it has been held that the properties or assets of a company belong to the company & not to its individual share-holders. in e. ..... thereafter deal with those distinguishing facts on which application no. 288 of 1950 is founded.2. the company was incorporated as a private company under the indian companies act in 1941 & has its registered office at 25/26 waterloo street, calcutta, in the state of west bengal. it is stated in the petition ..... compelled' suggests coercive action on the part of the evacuee property department. but our reading of the correspondence has convinced us that there was no such coercion as would justify the use of the word 'compelled'. we are unable to say a fact that the use of the words 'demanded & compelled' ..... & (7) amin agencies ltd. & pointed out that messrs. abdul jalil, abdul razzak, ghulam mohi uddin, saliha begum & salma begum were permanent residents of the indian union & were permanently residing at calcutta, that mohammad amin was in karachi & was looking after his business there & that messrs. amin agencies was a limited company .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-26-1951
Reported in : AIR1952SC23; 1SCR269
..... plaintiff having been admittedly brought more than 12 years after the determination of the second yearly lease, is barred by limitation under article 139 of the indian limitation act. the whole controversy in this appeal thus centers round the point as to whether the defendant was in fact a monthly tenant under the plaintiff ..... darjeeling municipality 17 c.l.j. 167. 15. but one serious objection to this view seems to be that this would amount to making a new contract for the parties. the parties here certainly did not intend to create a lease for one year. the lease was intended to create a lease for one ..... is, what was the duration of the tenancy that was created in the present case section 106 of the transfer of property act lays down : 'in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to ..... . he negatived the case, which the defendant attempted to make in course of hearing, that the kabuliyat executed by him was obtained by threat and coercion. it was held by the subordinate judge in accordance with the decisions of the patna high court on the point that the kabuliyat could not operate ..... the land. in these circumstances, it could be regarded as a tenancy from month to month, unless there was a contract to the contrary. the question now is, whether there was a contract to the contrary in the present case mr. setalvad relies very strongly upon the fact that the rent paid here was .....Tag this Judgment!
Court : Chennai
Decided on : Apr-20-1951
Reported in : AIR1951Mad974; (1951)IILLJ194Mad; (1951)2MLJ382
..... aiyar, article 19 presents an initial difficulty. that article confers rights only on citizens. can a limited company incorporated under the provisions of the indian companies act be deemed to be a citizen? article 5 defines a citizen as a person who has his domicile in the territory of india and who ..... employee for the enforcement of his contractual rights; those, whatever they may be, he can assert elsewhere. but his reinstatement which the terms of his contract of employment might not by themselves justify, is the means by which labour practices regarded as unfair are frustrated and the policy of collective bargaining as ..... rights and obligations. how many hours should any employee work in a factory may be a matter in dispute. most often there is no express contract entered into between the employer and each one of his hundreds, may be thousands, of employees. it may be said that the custom ry ..... the proceedings initiated by the reference, in the same way as a conviction or acquittal is in the criminal proceedings initiated under the indian press (emergency powers) act in the case before the supreme court. i am unable to see any difference between a prosecution in respect of an offence committed ..... and as to what extent the right of freedom of contract stands modified to bring about industrial peace.'but this does not mean that any of the provisionsof the industrial disputes act as such deprives any person of property. the act does not say that a particular amount has to be awarded .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1951
Reported in : AIR1952Cal526,56CWN124
..... have a right to be heard and section 10 makes it clear that the board -although it is not bound to observe the pro visions of the indian evidence act (vide section 10 (2))-has the powers of a civil court in regard to the taking of evidence (vide section 10 (1). rule 9 ..... did not represent the true relationship between the parties. the appellate officer also refers to what he describes as a matter of common knowledge that the contract system was introduced in the estate 10 or 12 years ago in order to ensure that the cultivators could have 'no legal right of possession over ..... produce and the explanation to section 7(2) makes it the duty of the board to consider whether consent to such agreements was caused by fraud, coercion, misrepresentation or mistake. in connection with applications for resumption of lands under section 5(1), the question whether the person cultivating the lands is or is ..... called for from the petitioner at the instance of the opposite party and also what he referred to as 'common knowledge' about the origin of the contract system introduced in the estate. in the result, he declared the opposite party to be a bargadar and remanded the case to the board with a ..... to the terms of the agreement, the opposite party could certainly not be held to be a bargadar, yet section 18 of the act entitled him to go behind the written contract and give effect to the real relationship between the parties, he found such relationship to be that 'between a landowner and his bargadar .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-16-1951
Reported in : AIR1952Cal103,55CWN528
..... the goods imported by private traders has to be classified and assessed to duty according to the description of the goods in various items of the indian tariff act.14. according to item 27 (8) all kinds of lubricating oil excluding any mineral oil which has its flashing point below two hundred degrees of ..... that this court in the exercise of its extraordinary powers under article 226 will not make an order discharging the bond on the alleged grounds of coercion or duress and i do not propose to make any such order on this application but it is quite clear that it is open to this ..... 'rex v. wads-worth', (1942) 1 kb 281.32. it was contended that this court has no jurisdiction to prevent enforcement of the bond or contract executed by the petitioner by writs of mandamus or certiorari. i do not accept this contention. there can be no doubt that the decision whether a liability ..... test of samples drawn from the consignments the goods have been found to be classifiable as 'mineral oil' under item no. 27 (3) of the indian customs tariff which provides that 'all sorts of mineral oils not otherwise specified shall be assessed to duty at 27 per cent 'ad valorem.' the petitioner ..... and tone of the correspondence and the attitude displayed by the customs authorities throughout their dealing with the petitioner leave no doubt that they have acted in a high-handed and in an arbitrary manner and have arrived at their decision on extraneous and irrelevant considerations and not according to the provisions .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-23-1951
Reported in : 2SCR747
..... they can judge to the peculiar circumstances of india....... for such doubt their lordships are unable to discover any foundation either in the affirmative or the negative words of that act' (indian councils act, 1861). the parenthetic remark (which i have italicised) is significant. it is not competent for the court, according to their lordships, to discriminate between degrees of delegation. it ..... the laws made in the legislative councils as in reality the order of government. every bill passed by the governor-general's council required his assent to become an act. the indian councils act of 1892 empowered the governor-general in council, with the approval of the secretary of state in council, to make regulations as to the conditions under which nomination ..... v. apollo candle company (supra). in in re george edwin gray 57 s.c.r. 150, delegation which was 'short of abdication' was upheld, evatt, j., in victorian stevedoring & general contracting company v. dignan (supra), acknowledged that legislative power connoted the power to delegate legislative power. the objection against delegation or sub-delegation was regarded by lord atkin in shannon's ..... writers, and sometimes distinction is drawn between legal sovereignty and political sovereignty. one of the writers describes it as the power to make laws and enforce them by means of coercion it cares to employ, and he proceeds to say that in england the legal sovereign, i.e., the person or persons who according to the law of the land .....Tag this Judgment!