Court : Supreme Court of India
Decided on : Nov-26-1953
Reported in : AIR1954SC181; 1SCR391
..... the latter act. section 14 of the contract act defines the expression 'free consent' and a consent is free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake. a consent induced by ..... physical custody and whether there was consent of the owner or not has to be determined with reference to the definition of 'consent' as given in section 13 of the indian contract act. if there was consent in fact, it is immaterial that it was induced by fraud or misrepresentation and in the determination of this matter, no principle of criminal law and ..... act, but which are defined in the indian contract act, shall have the same meaning as has been assigned to them in ..... word 'consent' as used in section 30(2) of the sale of goods act means 'agreeing on the same thing in the same sense' as defined in section 13 of the indian contract act. there is no definition of 'consent' in the sale of goods act itself, but section 2(15) of the act definitely lays down that the expressions used and not defined in the .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-19-1953
Reported in : AIR1954Bom427; (1954)56BOMLR264; ILR1954Bom727
..... money obtained from the plaintiff by the defendant under an agreement to stifle a pending non-compoundable criminal prosecution, is money paid under coercion within the meaning of section 72, contract act, and can be recovered back. mr. mistree says that in this case there was a pending criminal prosecution, whereas in the case ..... tne correct position, -- the petitioner cannot recover rs. 5 because he has not paid this sum under coercion as contemplated by section 72, contract act. the privy council has considered the true meaning to be given to the word 'coercion' used by the legislature in section 72, and in -- 'kanhaya lal v. national bank of india ..... , ltd. 15 bom lb 472 (pc) (b) the privy council has expressed its opinion that the word 'coercion' used in ..... assume that the petitioner did not pay this amount under protest. 7. now, in order that a payment may be said to be made under coercion it must be made under duress or some other form of compulsion. there must be a compelling reason which induces a party to make a ..... a receipt for it from the supervisor. he then filed a suit in the small causes court to recover this amount as having been paid under coercion. the small causes court dismissed the suit. it is from that order that this revision application is preferred, 2. on 11-9-1950, the .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-08-1953
Reported in : AIR1954All393
..... in india, for the time being vested in her majesty under the government of india act, 1859 and to make assurances for that purpose. section 2 of that act laid down the mode of execution of those contracts and assurances. 77. this act was amended by the east india contracts act, 1870 (33 & 34 vict. c. 59). in 1915 it became necessary for the british parliament ..... amended from time to time by the following acts: the repealing and amending act (37 of 1925), the repealing act (12 of 1927), the indian mines (amendment) act (13 of 1928), the indian mines (amendment) act (21 of 1931), the indian mines (amendment) act (5 of 1935), the indian mines (amendment) act (11 of 1936), & the indian mines (amendment) act (29 of 1937). barring these acts, the learned advocate general contends that there is ..... document can be looked into by this court. 96. i come now to the question whether sri brij lal suri, who was representing the association, entered into this agreement by coercion or duress on the part of the officials of government. it is clear that there was a difference of opinion between the government and brij lal sun as regards the ..... the association on a number of grounds. it is claimed that it is invalid because (a) the concurrence of the representatives of the association was obtained by some process of coercion, (b) the agreement should have, but has not, been registered, (c) it has not been implemented by the government, and (d) the undertaking given by the association was without .....Tag this Judgment!
Court : Orissa
Decided on : Sep-01-1953
Reported in : AIR1954Ori80
..... is the result of an inequality of position, undue influence or coercion, such as would be sufficient in law to vitiate it, then it cannot be said that there is mutuality between the parties or that consent is freely given. section 23, contract act, says that the consideration or object of an agreement is lawful ..... be more exacting in demanding a satisfactory explanation as to why the plaintiff gave up a substantial portion of his share. section 25, explanation (2), contract act, lays down the, true doctrine in such cases :'an agreement to which the consent of the promisor is not freely given is not void merely ..... may also be made to the decision of the house of lords in -- 'neale v. gordon lennox', 1902 ac 465 (r). there have been several indian decisions also which go to show that in such circumstances the court is entitled to refuse to record a compromise if it does not work out an adjustment ..... knowledge, and with sufficient advice and protection -- 'see moxon v. payne', (1873) 8 ch a 881 (c),7. this is also the view adopted in the indian courts and the cases in the books are legion.8. in -- 'muhammad imam ali khan v. sardar hussain khan', 25 ind app 161 (p c) (d); the ..... the maintenance of the family honour, and the avoidance of future disputes.6. the leading english case on the subject of family arrangement which has been followed by indian courts is -- 'williams v. williams', (1867) 2 ch 294 (a). in that case john williams died leaving his two sons john and samuel and his .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-30-1953
Reported in : AIR1953SC252; (1953)55BOMLR536; (1953)IMLJ743(SC); 4SCR1069; 4STC133(SC)
..... had before them not only the legislative practice prevailing in the various states before the constitution but also the concept of sale as defined in the indian sale of goods act. they therefore incorporated in article 286 the notion of a sale or purchase taking place, i.e., being completed by the transfer of ownership ..... and commerce, for the moment any one of the essential ingredients of a sale occurs in a state different from the taxing state and the goods are contracted to move across a boundary, you get a sale in the course of inter-state trade and commerce. therefore, the problem about situs does not arise. ..... there is no sale. the following are some of them : (1) the existence of goods which form the subject-matter of the sale, (2) the bargain or contract which, when executed, will result in the passing of the property in the goods for a price, (3) the payment, or promise of payment, of a price ..... has anything to say as to what the situs of a sale is, though certain rules have been laid down for ascertaining the intention of the contracting parties as to when or under what conditions the property in the goods is to pass to the buyer. that question often raises ticklish problems for ..... perhaps was laid in central provinces and berar where it was sufficient if the goods were actually 'found' in the province at any time after the contract of sale or purchase in respect thereof was made. whether the territorial nexus put forward as the basis of the taxing power in each case would be .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-07-1953
Reported in : AIR1954Bom1; (1953)55BOMLR670; ILR1953Bom1081
..... for non-agricultural assessment at a future date would depend not only upon the state of law which would be then existing but also upon any contract' between the parties to which the conversion was subject.i would myself, therefore, hold in this case that there was no bar of 'res ..... lordships of the privy council (p. 4) that it had often been pointed out by them that where there was a positive enactment of the indian legislature, the proper course was to examine the language of that statute and to ascertain its proper meaning uninfluenced by any consideration derived from the previous ..... their appointment shall be revoked by the inhabitants of the parish in vestry assembled, and no longer.'by section 33, sub-s. (1), local government act, 1894, it was provided that 'the local government board may, on the application of the council of any....urban district, make an order conferring on ..... the assessment for 1919-1920 toe commissioner allowed only one deduction of 5000 contending that the beneficiaries were not joint owners within the meaning of the act. upon a case stated the full court upheld the view, and held that the commissioner was not estopped by the previous decision. it was ..... assessment for 1919-1920 the commissioner allowed only one deduction of 5,000 contending that the beneficiaries were not joint owners within the meaning of the act. upon a case stated the pull court upheld that view, and held that the commissioner was not estopped by the previous decision. their lordships of .....Tag this Judgment!
Court : Chennai
Decided on : Sep-03-1953
Reported in : AIR1954Mad713
..... daughters. in any of these cases, cheerful acquiescence on her part entitles her to be treated with proportionable liberality; while contumacious resistance subjects her to coercion, to public exposure, nay even to the discipline of the rope. upon the principle of 'volenti non fit injuria' the first wife's assent ..... wife it was not urged that the hindu law allowed a superseded wife to claim separate maintenance but that the circumstance of the defendant having contracted a second marriage was itself adequate proof that he was unwilling to receive and maintain her. therefore the present point under consideration was neither ..... sadar adalat court confirmed the judgment of the provincial court observing that the wife quitted her husband's protection upon his having resolved upon contracting a second marriage and that this incensed her so highly as to leave his house of her own accord and retire to reside with ..... be in every case a defence in the case of a hindu, but the court is not bound, in the case of europeans and indians alike, to order a wife to return to her husband if there is reasonable ground for apprehending that a return to that husband will imperil ..... any other justifiable cause.'it is unreasonable to construe section 2(1) of the act as meaning that the loathsome disease therein described should have been contracted by the husband after the act and if the disease had originated before the act, the wife is not entitled to separate maintenance. 'cruelty' and 'desertion' referred .....Tag this Judgment!
Court : Orissa
Decided on : Jan-30-1953
Reported in : AIR1953Ori185
..... lands used for agricultural and horticultural purposes, which were in the 'khas possession' of the intermediary on the date of such vesting, shall notwithstanding any contract or agreement to the contrary, or anything contained in the act, be deemed to be settled by the province with such intermediary, and that such intermediary shall be entitled to retain possession thereof & hold them as ..... declared unconstitutional, because in substance -- though not in form -- it discriminated against negroes. there is, however, one feature of the american constitution which closely lesembles the corresponding feature in the indian constitution, and somewhat distinguishes both of them from the canadian and australian constitutions. apart from the limitation arising out o the demarcation of the legislative fields of the various states ..... the entire case law on the subject. i would also refer in this connection to dodd's cases on constitutional law, 4th edition, pp. 1050 to 1054.83. under the indian constitution, the distribution of legislature and the union parliament is found in the three lists of the seventh schedule read with articles 245 to 255. in addition, article 303 imposes ..... a bona fide taxing measure meant to raise the rate of agricultural income-tax to the same level as that prevailing in the indian income-tax act and that it had nothing to do with the bill dealing with the acquisition of zamindaries. it was also urged that no adverse inference should be drawn from the mere .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-10-1953
Reported in : AIR1954Raj65
..... of learned counsel for the petitioner is that in certain cases the produce rents chargeable by landlords under custom or contract were in excess of one-fourth laid down in the act, and thereby their right to enjoy the property had been restricted, and the restriction is not reasonable. while there ..... of land-holders can neither be absolute nor inviolable and legislative restrictions which may provide for the ascertainment of fair and proper rent notwithstanding any contract or usage, and for regulating the relations between landlord and tenant for the purpose of beneficial enjoyment by landlords as well as tenants would ..... 3 to 1/2 of the produce, and under aurangzib 1/2 became the standard.' 30. dr. radha kumud mookerjee in his note on the indian land-system, as a member of the bengal land revenue commission of 1940, has mentioned at page 170 of the report of the land revenue ..... under the provisions of this constitution, the body or authority functioning immediately before the commencement of this constitution as the legislature of the corresponding indian state shall exercise the powers and perform, the duties conferred by the provisions of this constitution on the house or houses of the legislature ..... , and therefore, take it that the above provisions roughly indicate the rents chargeable by the state in rajasthan. 55. the produce rents regulating act (act no. 15 of 1951) in effect provided that the produce rents to be charged by landholders in untitled areas will roughly be the same .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-18-1953
Reported in : AIR1954All501
..... of any offence under chapter xii of the indian penal code relating to counterfeit coin, and persons accused of any other offence under the said chapter relating to the same coin, or of abetment of or ..... persons, or of abetment of or attempting to commit any such last named offence'; (f) 'persons accused of offences under sections 411 and 414 of the indian penal code or either of those sections in respect of stolen property the' possession of which has been transferred by one offence; and (g) 'persons accused ..... , booked the grains after 25-1-47. under the contract it was liable to pay a penalty to the railway for the delay in booking them. chotey lal entered into a conspiracy with the other ..... hardoi. mukerji is a railway employee in charge of a railway grain shop at allahabad. there was a contract between the railway and chotey lal for the supply of grains to the railway grain shop. according to the contract, the grains had to be booked at hardoi for allahabad by 25-1-1947. the firm, however ..... at one trial for, the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.4. nothing contained in this section shall affect the indian penal code, section 71.section 236. if a single act or series of acts is of such a nature that it is doubtful which .....Tag this Judgment!