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Judgment Search Results Home > Cases Phrase: coercion indian contract act Year: 1954 Page 1 of about 15 results (0.080 seconds)

Dec 17 1954 (HC)

Niranjan Samal Vs. Tirilochan Kuar

Court : Orissa

Decided on : Dec-17-1954

Reported in : AIR1956Ori81

..... purpose of proving fraud.5. the next point of law that, is urged by mr. mohanty is based upon the exception to section 19, indian contract act. his contention is that the plaintiff cannot avoid the contract as he had the means of discovering the truth with ordinary diligence; and he is guilty of not having exercised ordinary diligence in not waiting ..... sign the petition of withdrawal; nor did the plaintiff ascertain from nrusingh as to whether he would agree to the withdrawal of the suit.section 19, contract act makes provisions for avoiding agreements caused by coercion, fraud or misrepresentation. the exception to section 19 runs as follows:'exception--if such consent was caused by misrepresentation or by silence, fraudulent within the ..... meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary ..... diligence is necessary if it is a case of active misrepresentation or silence amounting to fraud and eases of fraud by active misrepresentation as defined under section 17, clause (3), contract act will not be covered by the exception.this view also has been accepted by other high courts: vide '-- 'venkataratnam v. sivaramudu', air 1940 mad 560 (c) and -- 'j. .....

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Aug 03 1954 (HC)

Malick Chemical Works Vs. Union of India (Uoi) Owning the Northern Rly ...

Court : Chennai

Decided on : Aug-03-1954

Reported in : AIR1955Mad274

..... & other cases & from the conditions noted in risk notes a and z, and was not disputed. the bailee's liability under sections 151 and 152, indian contract act, arising from mere, negligence not amounting to misconduct, cannot be fastened on the railway authorities, because the goods were not carried at railway risk, but at ..... at pathankot, to affix danger labels on this wagon as required by rule 32 of chapter ii, appendix a, of the rules framed under the indian railways 'act. rule 22 runs as follows:'a dangerous label, i. e. a white label with a red cross on it, shall be affined to both ..... putting inflammable and dangerous goods, like petrol or kerosene or turpentine, in wooden wagons, against rule 8 of chap. ii, appendix a, of the indian railways act. but it is well settled that in the absence of proof of misconduct, leading to destruction or loss of goods, the plaintiffs cannot recover damages ..... shall give my findings on the issues :9. issue no. 1: ex. p. 47 shows that the plaintiffs' firm has been registered under the indian partnership act before the filing of the suit. learned counsel for the defendants admitted this. this issue is, therefore, found is favour of the plaintiffs and against defendants ..... will be clear from the issues framed in the case.2. the issues were :1. is the firm of the plaintiffs registered under the indian partnership act?2. were the goods in question consigned at railway risk or at owner's risk?3. was the consignment in question destroyedby fire on the .....

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May 07 1954 (SC)

Madan Mohan Singh Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : May-07-1954

Reported in : AIR1954SC637

..... the accused could demand bribes from ghammanlal or that the latter could promise him any amount for doing any benefit to him in respect to these contracts.13. as regards demand of illegal gratification as a reward for recommending supplies of liquor and other drugs from the warehouse, the magistrate points ..... desai, jj. the learned judges allowed the appeal. the order of acquittal was set aside and the accused was convicted under section 161 of the indian penal code and sentenced him to undergo rigorous imprisonment for 18 months. the high court refused to give a certificate to the accused under article 134 ..... acceptance, by a public servant, of a gratification other than legal remuneration as a motive or reward for doing or forbearing to do an official act or for showing or forbearing to show any favour or disfavour to any person or for rendering any service or disservice to him. the first ..... the state, that sanction was necessary for starting the prosecution against the appellant, and under section 6(1)(c) of the prevention of corruption act the sanction had to be of the authority that was competent to remove the accused from his office. the authority in the present case was the ..... proper or valid sanction obtained for prosecution of the accused in the present case, as is required under section 6 of the prevention of corruption act and consequently the initiation of the proceeding was illegal and without jurisdiction.the other contention raised is, that the high court's approach to the .....

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May 03 1954 (HC)

P.V.S. Vencatachellum Vs. P.V.S. Kabalamurthy Pillai

Court : Chennai

Decided on : May-03-1954

Reported in : AIR1955Mad350

..... hardei v. bhagwan', air 1919 pc 27 (c); -- 'bishambar v. amarnath .in the absence of proof of mistake, inequality of position, undue influence, coercion, or like ground, a family arrangement made in settlement of the disputed or doubtful claim is a valid and binding arrangement which the parties thereto cannot deny, ..... viz., the businessknown as p. vencatachellum condiment businesscarried on at nos. 1 and 2, broadway, madras,together with the machinery, stock-in-trade, outstandings and contracts and other assets availablefor division and which have been specified furtheras (1) the leasehold interest in (a) no. 1, broadway,(b) no. 1/2, ..... restraint: -- tookchand v. radha kishan', air 1935 lah 503 (z5). section 10 relates only to transfers made by act of parties. it does not apply to sales under the indian companies act, nor to transfers by operation of law along effect 'in invitum' at a sale in execution of a decree: -- ..... sold was the business of p. vencatachellum condiments along with the goodwill of the business specified as machinery, stock-in-trade, benefits of contracts and leasehold interest in these suit properties and there is no claim whatsoever about the covenants and conditions which are now set up as part ..... c. s. 794 of 1921 passed on 1-8-1922 provided that the condiments business which included the goodwill and the benefit of all contracts should be the exclusive property of p.v. subramania pillai until his death and that after his life-time the same should devolve in .....

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Sep 14 1954 (HC)

In Re: B.N. Ramakrishna Naidu and anr.

Court : Chennai

Decided on : Sep-14-1954

Reported in : AIR1955Mad100; 1955CriLJ452

..... 342, cr. p. c. under section 342, cr. p. c., it is specifically provided that no oath shall be administered to the accused person. similarly, section 5 of the indian oaths act, 1873, which provides for the compulsory administration of oaths or affirmation to witnesses, expressly states in its last paragraph 'nothing herein contained shall render it lawful to administer in a ..... of law, is wide enough to include the prohibition against compelling the defendant in a criminal prosecution to testify, by fear of hurt, torture, exhaustion or any other type of coercion, against himself: -- 'adamson v. california', (1946) 332 us 46 (z34). 57. this v amendment and the due process of law clause in the xiv amendment have been the ..... they were called is given by dr. e. asirvatham, m.a., ph. d., reader, university of madras. (the madras tercentenary commemoration volume published on 4-8-1939 by the indian branch of humphrey milford. oxford university press, for the madras tercentenary celebaration committee pages 167 and following): '**the police arrangements of old madras were rested in hereditary official known as ..... competing privately owned company, -- ('springfield gas and electric co. v. springfield', (1921) 42 s c 24 (j)) nor from one that accorded the marketing contracts of co-operatives a degree' of protection denied to other contracts: -- 'liberty warehouse co. v. burley tobacco growers' co-operative marketing asso.', (1927) 48 s ct 391. the legislature may in adopting a policy recognize .....

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Mar 15 1954 (SC)

M.P. Sharma and ors. Vs. Satish Chandra, District Magistrate, Delhi an ...

Court : Supreme Court of India

Decided on : Mar-15-1954

Reported in : AIR1954SC300; 1978(2)ELT287(SC); (1954)IMLJ680(SC); [1954]1SCR1077

..... the 13th june 1952. an investigation into the affairs of the company was ordered by the government and the report of the inspector appointed under section 138 of the indian companies act indicated that an organised attempt was made from the inception of the company to misappropriate and embezzle the funds of the company and declare it to be substantial loss ..... would fall outside the constitutional protection of article 20(3) - an anomalous distinction for which no justification can be found on principle. 21. a consideration of the history of indian statutory legislation relating to searches does not support the theory propounded. the provisions for searches are to be found in the successive codes of criminal procedure. in the earliest code ..... and which has been adopted by the american system and incorporated as an article of the constitution. it has also, to a substantial extent, been recognised in the anglo-indian administration of criminal justice in this country by incorporation into various statutory provisions. in order, therefore, to arrive at a correct appraisal of the scope and content of the ..... must be understood in its natural sense, i.e., as referring to a person who furnishes evidence. indeed, every positive volitional act which furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidential acts of the person, as opposed to the negative attitude of silence or submission on his part. nor is there any reason to .....

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Feb 15 1954 (HC)

Satya Kinkar Dutt and anr. Vs. Kiron Chandra Sinha and ors.

Court : Kolkata

Decided on : Feb-15-1954

Reported in : AIR1954Cal432,58CWN853

..... partition be not convenient, the trustees shall be at liberty to have the aforesaid properties valued by a proper and competent engineer and sell either by public sale or private contract the aforesaid premises at a price not less than a reserve price to be fixed by the aforesaid engineer appointed by the trustees and divide the net sale proceeds' according ..... the recognition that something more than the order adjudicating a trustee insolvent is necessary to discharge a trustee. what is implicit in the insolvency act is made explicit in the indian trusts act whose pro-visions i have already discussed. in other words, a trustee when he suffers insolvency incurs an incipient disqualification which does not mature to disrupt his tenure as trustee ..... insolvent can assert a title to after-acquired property and hold the same against the whole world except the official assignee. the position, however, is different under the provincial insolvency act where even the after-acquired property vests in the receiver. this general discussion is intended to show that in any event there is no complete destruction of the insolvent's ..... argument is that the insolvent suffers from an absolute incapacity to hold property. that assumption is not, in my judgment, sound. it is true that under the presidency towns insolvency act the property of the insolvent vests in the official assignee on-the making of the order of adjudication and such property becomes divisible among his creditors. of course, the only .....

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Apr 20 1954 (SC)

Dhirendra Kumar Mandal Vs. the Superintendent and Remembrancer of Lega ...

Court : Supreme Court of India

Decided on : Apr-20-1954

Reported in : [1955]1SCR224

..... a juror to keep proper measure of the evidence. this common feature distinguished this class from other cases involving offences under the same sections of the indian penal code. the classification is in my judgment reasonable with respect to the difference made, viz., the withdrawal of jury trial and is not arbitrary ..... was sent up for trial before the additional sessions judge of burdwan. the charge against him was under section 420 read with section 120b, indian penal code, for conspiracy to cheat the district board of burdwan and some of its officers in charge of the test relief operations between the ..... gazette of the same date, it was ordered that on the after the 1st day of april, 1893, the trial of certain offences under the indian penal code before any court of session in certain districts including the district of burdwan shall be by jury; 'and whereas by notification no. 33471, ..... trial in accordance with law. das gupta j. who delivered the judgment of the court observed as follows :-'by this notification, the government acting in the exercise of powers under section 269 of the code of criminal procedure formed one class of all the cases known as the burdwan test ..... put them on the authority of persons whose names were shown against the thumb impressions and that in putting these thumb impressions he did not act dishonestly or fraudulently.6. the learned additional sessions judge acquitted the appellant and all other accused persons on the charge of conspiracy to cheat under .....

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Dec 17 1954 (HC)

Province (State) of Madras, Represented by the Chief Secy., Govt. of M ...

Court : Chennai

Decided on : Dec-17-1954

Reported in : AIR1955Mad519

..... .the simple point i have to determine is whether in this very hurried contract, ex. p.1, entered into to provide for a pressing emergency the contracting parties at all contemplated the indian carriage of goods by sea act and contracted themselves out of its scope. it would be manifestly inequitable to deprive a ..... and immunities granted by the statute. the privy council held that the disobedience of the terms of a section corresponding to section 4 of the indian act, did not render the bill ot lading illegal, but that this instrument alone governed their relationship and not the provisions of the statute.a ..... to kolachel.in addition to this protest, the port officer mr. smye conducted an examination of ibrahim kutti under section 246 (3) of the indian merchant shipping act, 1923. in the description of the crew, the name of no pilot is mentioned, and there is only a statement that the crew ..... be allowed.but the learned judge negatived this counter claim by holding that despite the contract, ex. p.1, the plaintiffs as carriers were protected by article iv para 2 of the indian carriage of goods by sea act, 26 of 1925, which provides that"neither the carrier nor the ship shall ..... carrier by sea of the protection afforded to him under act 26 of 1925 in respect of accidents by sea which are not acts of god .....

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Nov 16 1954 (HC)

V. Narasimhachariar Vs. Egmore Benefit Society, 3rd Branch Ltd.

Court : Chennai

Decided on : Nov-16-1954

Reported in : AIR1955Mad135

..... other hand, this is a case of the mortgagor, under the freedom guaranteed under article 14, holding property and subject to a freely negotiated contract by him, acquiring funds thereon providing for the disposal of the property in the event of his not being able to discharge the mortgage in ..... sale was fixed to take place on 23-10-1954 and there was wide circulation of the sale both by handbills, advertisements in 'the hindu', 'indian express' and 'swadesamitran'. on 23-10-1954 the defendant society states that the plaintiff and his wife scared off the bidders by telling them that ..... reasonable having regard to the object of the legislation.11. bearing these principles in mind let us examine whether section 69. transfer of property act offends the fundamental and equal protection guaranteed by article 14 of the constitution.12. the mortgagee's power of sale without the intervention of the ..... the jurisdiction of the state. in --'md. habibuddin v. govt. of hyderabad', air 1953 hyd 157 (z18); relating to administration of evacuee property act (1950) it was held that it was not bad as it was based on valid classification and that territorial classification also it a good ground of ..... ajaib singh', : 1953crilj180 (z16); it was held that as classification can be made on geographical basis, the fact that abducted persons recovery and restoration act (65 of 1949) was extended only to certain specified states does not make it invalid under article 14 and that the consent of the several states .....

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