Court : Punjab and Haryana
Decided on : Oct-18-1957
Reported in : AIR1958P& H190
..... contention that the resolutions referred to in para 6 of the plaint were passed under coercion or undue influence of the plaintiff. 'under influence' is defined in section 16 of the indian contract act, which runs as under: '(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties ..... the undue benefits derived by him in consequence of that position, and from the consideration of the further circumstances set out in section 16 of the indian contract act, it is open to the court to draw a presumption in favour of the exercise of undue influence. in dubash d.k. ahmad ibrahim sahib v ..... his case. ( see kansi ram v. jai ram, air 1956 him pra. 4 (z)). 54. in a case arising under section 16 of the indian contract act, if the facts justify the inference, that a party was in a postion to dominate the will of another, and held a real and apparent authority over ..... child not his own and towards whom he discharges parental obligations, vide 42 cjs page 489. 49. according to section 16(2)(a) of the indian contract act, a person is deemed to be in a position to dominate the will of another where he stands in a fiduciary relation to the other. ..... plaintiff. the above ingredients ofwhat is undue influence may now be considered. 41. the order in which the matters referred toin section 16 of the indian contract act are to be dealt with is pointed out by their lordships of the judicial committee in raghunath prasad sahu v. sarju prasad sahu, air 1924 pc .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-07-1957
Reported in : AIR1957All406
..... agreements are contracts for it says:'all agreements are contracts if they are made by the free consent of the parties competent to contract for lawful consideration and with a lawful object, and are not hereby ..... of the indian evidence act does not apply to an agreement to refer to arbitration because such an agreement was neither a contract nor a grant nor other disposition of property. we are unable to agree with this decision for in our view an arbitration agreement is a contract within the meaning of section 91 of the indian evidence act. ( section 10 of the indian contract act states that ..... decision on those points of differences. the arbi-tration agreement in this case cannot be said to be jso vague or uncertain as to be unenforceable. section 29 of the contract act says that:'agreements, the moaning of which is not certain, or capable of being made certain, are void.'7. as we read this agreement we do not think that ..... in fact, not been entered into which was a different question from the question that the agreement had been induced by fraud or coercion. an arbitration agreement has been defined in section 2(a) of the arbitration act in these words:'arbitration agreement means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-11-1957
Reported in : AIR1958Raj260
..... in special cases as might be necessary with reference to prove local custom or usage. the indian limitation act is in the list of the indian acts which have been given in para 2. mr. rastogi argued that the indian limitation act applied only subject to proved local custom or usage. it did not apply subject to any ..... the rajasthan state. under section 9(1)(a) of the state ordinance any suit for which the period of limitation prescribed by the indian limitation act was shorter than the period of limitation prescribed by any law relating to the limitation of suits in force in any part of rajasthan ..... was 3 years from the date of the loan according to article 57 of the indian limitation act. it was argued by sri bhandari that the present suit was not governed by the indian limitation act but by the bharatpur limitation act of 1936, article 5v of which provided the limitation of 6 years in a suit ..... 3-1950. 3. the defendants admitted the execution of the document in suit but said that it was executed on account of the coercion of the plaintiff and that it has been executed without understanding the previous accounts. they also pleaded bar of section 69 of the partnership ..... act and that of limitation. the learned civil judge framed certain issues which when translated into english are as follows: 1. whether the khata in dispute had been executed on account of the coercion without understanding the accounts? 2. whether the khata had been .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-23-1957
Reported in : 32ITR688(SC); (1958)IMLJ26(SC)
..... justice during the course of his judgment said : 'it appears to me, therefore, that both because the several heads under section 6 in the indian act are mutually exclusive and because under any income-tax law, an item coming under an exclusive head cannot in any circumstances be charged under another head and ..... of his (assessee's) income to see which schedule you are to apply.' if these words may be used with reference to the language of the indian act, we have to look at the source of 'income, profits and gains' and then see under what head it appropriately and specifically falls and if ..... performing for the films and on the wireless and performing for gramophone companies. these were held to fall under schedule d and not e as whatever contracts she made were nothing but incidents in the conduct of her professional career. the use of the following words by sir george rankin in commissioner of ..... of set-off under section 24.' it also claimed that it carried on only one business, namely banking as defined by section 277f of the indian companies act in the course of which the 'bank has to receive money on deposits and invest such deposits in securities, loans and advances' and, therefore, ..... of the high court raises a point of far-reaching consequence as to the interpretation of section 8, 10 and 24(2) of the indian income-tax act (hereinafter termed the act). 2. the assessee (who is the appellant before us) claims that in the computation of its profits for the assessment year under review .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-22-1957
Reported in : 9STC80(AP)
..... where and when the property in the goods passed to the buyer. this will be determined under the indian sale of goods act. under sub-section (2) of section 23 of the sale of goods act, where in pursuance of a contract a seller delivers the goods to the buyer or a carrier or other bailee (whether named by ..... tax amount of rs. 16, 000 for the period 1945-46 was disallowed by the board of revenue and that this tax was collected from the plaintiff under coercion by the deputy commercial tax officer, kurnool, without holding proper enquiry. in paragraph 5 the plaintiff stated that the cause of action for the suit arose on ..... appellant contends that in so far as a.s. no. 481/51 is concerned, the plaint is in conformity with the notice and the mere mention of coercion in the plaint and the omission of this word in the suit notice which merely stated that the payment was made under protest cannot render the suit not ..... of the sales tax assessments. it was alleged in o.s. no. 28/49 that a sum of rs. 16, 000 was collected from the firm by coercion for the year 1945-46 and with respect to o.s. nos. 100/49 and 34/50 for the years 1947-48 and 1946-47, rs. 37, ..... nexus with the territory to justify the imposition of a tax, that the provision of the impugned explanation is not repugnant to the provisions of the indian sale of goods act, each being enacted under distinct legislative items in the state and concurrent lists dealing with different subjects not traceable to one another and hence the assent .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-28-1957
Reported in : AIR1958MP16; 8STC407(MP)
..... so clear that it is not necessary to go to the hindi version at all. when one contrasts the definition of 'sale' with the definition of 'contract', it is quite clear that the latter part of the definition of 'turnover' i.e., the nine words following ''supplied' are meant to qualify 'supplied ..... in which the words are used. on a reading of hindi version it is plain that the words 'supplied for the payment received in respect of a contract' or their equivalent are meant to cover not only 'sold' but also 'supplied'. mr. sanghi referred to an observation in crawford's 'statutory construction' ..... also 'sold'. mr. sanghi in support of his contention that the words 'for the payment received in respect of a contract' modify also the word 'sold' refers to the hindi version of the act and also to the last three words 'by a dealer' which he says inescapably point to a connection between the two ..... subject or context .....(q) 'turnover' means the aggregate amount for which goods are either sold or supplied for the payment received in respect of a contract by a dealer .....'we omit the proviso and the explanation because they do not have much bearing upon this matter. the question, therefore, is whether ..... for using the same doctrine in our country where the constitution under arts. 348 and 349 has clearly provided that where laws are passed in an indian language and are translated into english, the authoritative version shall be the english. no doubt if there was any ambiguity, resort could be had to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-12-1957
Reported in : AIR1959AP192
..... when the property in the goods is transferred to the buyer are laid down in sections 19 to 25 of the indian sales of goods act. section 19 recites:'(1) where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as ..... are covered by this sub-section and not of the type in question. referring to the c.i.f. contracts, it is stated in the commentary by pollock and mulla on indian sale of goods act at page 178 thus:'accordingly the best way of approaching the consideration of all questions of c.i.f. sales ..... suit notice that it was under a mistake that the plaintiff paid the tax, in the plaint it was averred that it was on account of coercion that he had paid the tax. we cannot agree that the difference noticed above has any material bearing on the consideration of the question.the object ..... were no separate stipulations with regard to the passing of the property in the goods apart from what might be inferred from the correspondence relating to these contracts and trade usage. p. w. 1 said that the railway freight was to be borne by the buyers.there was a notice in the invoices that ..... the possibleright, if they are lost or damaged, or recovering theirvalue from the shipowener or from underwriters.'this passage discloses the features peculiar to c.i.f.contracts which have been the subject-matter of : air1955mad722 . they relate to sea-bornetrade. there is therefore no inconsistency between the two sets of decisions.22. .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-08-1957
Reported in : AIR1958Raj269
..... am clearly of opinion that the plaintiff-respondent has failed to bring himself within any of the exceptions to the principle contained in section 27 of the indian sale of goods act, and, therefore, the maxim 'nemo dat quod non habet' (no man can pass a better title than he has) must prevail.17. ..... valid as if he were expressly authorised by the owner of the goods to make the same; provided that the buyer acts in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell.'this seetion in the first place gives effect to the ..... a new insurance policy effected in his name or do any other similar things on his own behalf. simply because rameshwar failed to perform any such acts of prudence, i am altogether unable to hold in law that he made any representation to tarasingh plaintiff respondent or was guilty of any conduct which ..... the lorry, unless he brought himself within the exceptions recognized under the principle embodied in section 27 or other allied sections of the sale of goods act.the plaintiff respondent would certainly have brought himself within the protection of the exccp-tion if, for example, he had succeeded in establishing the case which ..... goods than the seller himself.this is indeed as it should be; otherwise the title of the true owner would stand imperilled oa account of the act of an importer. this rule, however, in the interest of trade and commerce is subject to certain well-known exceptions and the two exceptions which .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-25-1957
Reported in : AIR1958P& H72; 1958CriLJ413
..... person to await the judgment of the law. the temptation on the part of an approver to flee from justice as a result of thrpat or coercion is supposed to outweigh all inducements to remain growing out of pecuniary obligation, no matter to what amount.8. the decision of the several questions which ..... the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. it is in substance and effect a contract between the state on the one hand and the person whom it is granted on the other. as the greater includes the less, a general ..... court or court of session, or any offence punishable with imprisonment which may extend to seven years or any offence under any of the following sections of the indian penal code, namely ss. 161, 165, 165a 216a, 369, 401, 435 and 477a. the district magistrate ..... or any magistrate of the first class may ..... for although technically and formally the court had taken cognizance of the case on a complaint as required by section 13(3) of the official secrets act, the case was in substance and effect based on a police report. after a careful consideration of the arguments that were addressed to him the learned ..... was granted a pardon all the other prisoners were released on bail.3. the prisoners appeared before the special judge appointed under the prevention of corruption act on a number of hearings but were informed on each occasion that the police had not completed the investigation and that no proceedings could he taken. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-24-1957
Reported in : AIR1958P& H104; 1958CriLJ555
..... to look after the children of her deceased sister. these visits of hers, created in the mind of the accused an indelible impression that his wife had contracted illicit intimacy with badri nath and was committing adultery with him. it is stated, that under this mental delusion, which he could not shake off, he ..... rea is absent. the test that law insists upon is the 'right and wrong test' of mcnaughten rules as re-cognised in section 84 of the indian penal code. this test has been accepted in india as a correct guide for determining the guilt or innocence of the person who pleads insanity as a ..... years, which they had not yet cleared. he desired that he should be got mentally examined. the sessions judge convicted hazara singh accused under section 302, indian penal code, and sentenced him to death, subject to the confirmation of the sentence by this court. 13. i have expressed my agreement with the view of ..... the judgment written by my learned brother mehar singh j. and i agree with him in his conclusion that the appellant is guilty under section 302, indian penal code, and that his sentence deserves to be reduced to one for imprisonment for life. as some important points arise in this case relating to ..... he cannot be said to be suffering from unsoundness of mind within contemplation of section 84 of the indian penal code. it cannot be said, that he was incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. even if it be conceded that .....Tag this Judgment!