Court : Rajasthan
Decided on : Jan-29-1963
Reported in : AIR1963Raj198
..... is located in chapter v of the said act, the title where is very significant, namely, 'of certain relation resembling those created by contract'. for the various situations in which relations of this kind come ..... the present suit on account of overpayment made to the defendant. section 72 of the indian contract act lays down that a person to whom money has been paid, or anything delivered by mistake or under coercion, must repay or return it. the section does not say to whom the repayment ..... be made to section 20 of the indian contract act. therefore, the liability which arises under section 72 is not dependant on the existence of a contract but arises on account of an advantage taken by a person due to a mistake of or coercion on another. both the courts below ..... indian contract act has for its foundation the doctrine of equity that whatever has been done under a mistake has to be repaired. that being the position of law the only question is who has the right to claim the repayment or return of money of anything delivered by mistake or under coercion.section 72 of the indian contract act ..... restitution, without specifying the party to whom restitution has to be made. the enforcement of the liability arising under section 72 of the indian contract act is available to a person injured due to the failure to discharge the liability. such a question was not before their lordships of the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-16-1963
Reported in : (1963)65BOMLR578; 1963MhLJ520
..... it shall be registered or that want of failure of consideration or denial of execution with free consent (as defined in section 14 of the indian contract act, 1872) is pleaded by the executant of the document, although, he, admits execution,or that the document deals with property not belonging to ..... did not admit that they had consciously or knowingly executed the document as a sale-deed. what they claimed was that fraud, deception, coercion and misrepresentation etc. were practised on them and they were not made aware of the real contents of the document but they signed it merely ..... document as a bond in renewal, of the earlier debts and not as a sale-deed and their signatures were taken by practising fraud, coercion, deception and misrepresentation without letting them know the contents of the document as being a sale-deed. the learned advocate for the plaintiffs-respondents ..... the said document as their signatures and the thumb-mark of the defendant no. 6 were obtained by the plaintiffs by practising fraud, deception, coercion, and misrepresentation and without knowing the contents of the said document. it is also not disputed that the sub-registrar overruled 'the objection of ..... whom it purports to have been executed, or that the transaction is fraudulent or opposed to public policy, or that the document was executed under coercion or by fraud or under misrepresentation.(italics are mine).8. the learned advocate for the appellants, shri banerjee, submitted that this rule 36, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-09-1963
Reported in : AIR1964Mad327
..... the appellant and the four respondents in favour of another was invalid because its consideration was opposed to public policy under section 23 of the indian contract act. justice gajendragadhar, who delivered the judgment of the bench, observed:-'section 23 provides that every agreement of' which the object or consideration is ..... the first contention is a novel one and we have not been shown any authority for the theory that the sons are not liable upon contracts and quasi contracts entered into by their father or upon other similar obligations legally incurred ...... where there is a breach of civil duties, even though it ..... 4 has spoken in detail about the execution of the promissory note. it is unfortunate that nothing was asked in the cross examination either about coercion or fraud by the defendants 3, 4 and 5, or defendants 1 and 2. there is very meagre evidence to warrant the conclusion that ..... behalf, does not even whisper a word about the circumstances under which the promissory note came into existence. she did not depose to any coercion; undue influence or pressure being brought upon her husband in the execution of the promissory note. on the other hand, the defendants proved beyond ..... and also for declaring that the decrees obtained in favour of defendants 3 to 9 were not binding on them, on the ground that the debt contracted through, the promissory note was an avyavaharika debt and' hence not binding on the plaintiffs, and that the execution of the promissory note itself .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-28-1963
Reported in : AIR1965AP231
..... terms of the contract itself or from the necessities of the case, involving in the obligation to pay the creditor the ..... 167 (supra), and the arguments based upon section 49 of the contract act observed :'their lordships do not think that in this state of the authorities it is possible to accede to the present contention that section 49 of the indian contract act gets rid of inference, that should justly be drawn from the ..... as follows :-' where no place for performance is specified either expressly or by implication, from the nature and terms of the contract and the surrounding circumstances , and the act is one which requires the presence of both parties for completion, the general rule is that the promisor must seek out the ..... doctrine was not applied in air 1941 mad 695 : (1941) 1 mad lj 784 because as a matter of inference and interpretation of the contract and circumstances of that case it was held that the debtor was to deliver the articles at particular place different from where the suit was laid ..... resisted the suit by setting up that the marriage itself was not valid because it was brought about by misrepresentation, fraud and coercion and also because the consent of the contracting parties, viz., the plaintiff and the defendant, was not given before the requisite number of witnesses as required by law. .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-19-1963
Reported in : AIR1964Cal374,68CWN554
..... . ?-). p. n. mookerjee, i.:78. i agree but i would add a few words on the question of onus under ss. 151 and 152 of the indian contract act. the law of onus is part of the law of procedure. the above two sections, however, contain the substantive law, governing the bailee's liability, and lay ..... i arrive at the conclusions that .. .. ....... ... the defendant did not take as much careof the plaintiff's car as is described in section 151, indian contract act.'22. the question of onus and misapplication of the decision of tha privy council as raised by the learned counsel for the appellants is thus without substance. what ..... in taking as much care as was required of them as a bailee undersection 151 of the indian contract act. it would be useful to refer to the terms of section 151 as well as section 152 of the act in this context:'151. in all cases of bailment the bailee is bound to take as much ..... bailer had no obligation to take back a damaged car. if the defendants have failed to take the care required of them by section 151 of the contract act, they are liable to compensate the plaintiff for the car in the condition in which it had been delivered to the defendants for repairs. defendants should, ..... ltd., 27 cal lj 615 (at p. 618) : air 1917 pc 173 (at p. 175). in that case, where sections 151 and 152 of the contract act were applied as laying down 'the limits of the responsibility' of the defendant company, their lordships observed that the trial judge had erred in throwing the onus upon .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-03-1963
Reported in : (1964)66BOMLR746
..... the use of the premises constituted a matter of fact essential to the agreement and that in the circumstances the case fell within the provisions of s. 20 of the indian contract act and the plaintiff was entitled to succeed. in the case of ilr 63 cal 124 the court held that the subjection of ' he whole of the frontage of the property ..... , and on the supposition that the transaction was therefore void, an inference which seems to be supported by the circumstance that the learned judge relies on section 20 of the contract act in decreeing the recovery of the consideration found by him to have been actually paid by the plaintiff for the assignment. if this inference be correct then the supposition that ..... authorities that a sale in execution of a decree may be set aside on grounds which are all available for rescission and cancellation of contracts under the specific relief act and grounds which arise under the provisions of the contract act such as misrepresentation, fraud, mistake and parties not being ad idem as to the property sold. in my view, therefore, the authorities which ..... observations in the case of : air1950bom313 , also go to show that a suit by an auction purchaser in execution sale would always lie in equity courts on grounds of fraud, coercion, mistake, misrepresentation, etc. it appears to me that it was on that very ground that the privy council in the case of 36 ind app 32, and this court in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-07-1963
Reported in : AIR1964SC227; 2SCR241
..... of the creditors must be regarded as a period during which the executionof the decrees was stayed and that consequently on the principles underlying s.15 of the indian limitation act, 1908, that period should be deducted fromcomputing the period of limitation for preferring execution applications. the subordinatejudge, before whom the execution applications were filed, upheld ..... it would be incompetent to the decree-holders to execute theirdecrees. such period could therefore be deducted by applying the principlesunderlying s. 15(1) of the limitation act from computing the period oflimitation for filing a fresh execution application. he concedes that here thecomposition scheme not having been certified to the execution court, thedefendants would not ..... principlewhereunder the period of limitation can be regarded as being suspended becausea party is prevented under certain circumstances from taking action inpursuance of his rights. the limitation act is a consolidating and amendingstatute relating to the limitation of suits, appeals and certain types ofapplications to courts and must, therefore, be regarded as an exhaustive ..... khan bahadur shapoor freedom mazdav. durga prosad chamaria : 1scr140 , he says that the essentialrequirement for sustaining a plea of acknowledgment under s. 19 of thelimitation act is that the statement on which it is sought to be founded mustrelate to a subsisting liability, indicate the existence of jural relationshipand must be intended, either expressly .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-05-1963
Reported in : (1963)4GLR545
..... whether the facts of the case are governed by section 23 of the indian limitation act. that section provides for two types of cases: (i) the case of a continuing breach of contract and (ii) the case of a continuing wrong independent of contract. we are concerned with the latter type of case. in respect of ..... would be forcibly driven away from the lands and that thereupon he and his children would have to starve; that all the cultivators submitted to this coercion; that some of them executed a kabuliyat and continued to cultivate the lands whereas the others surrendered them and vacated and left the village. the ..... came to the conclusion that both the suits of the plaintiffs were barred by the law of limitation under article 120 of the schedule to the indian limitation act. on this ground alone the learned judge dismissed the claims of the plaintiffs. it is against this decision that the present two appeals have ..... the rate of rs. 7/- per bigha or to vacate the lands. the plaintiffs alleged that they or their predecessors submitted to the threat and coercion of the then inamdar and executed a kabuliyat as asked for; whereas some other cultivators of the village did not do so and vacated the lands. ..... in both the years 1923 and 1942 and the documents executed by them or their predecessors in those two years were vitiated by intimidation and coercion and did not create any rights in favour of the inamdar. on these allegations the plaintiffs claimed the reliefs already set out.the defendant .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-1963
Reported in : (1963)1MLJ390
..... sessions trial (vide ayyanperumal v. emperor : air1926mad879 . next, an earlier line of decisions had taken a certain view about the use of section 145, indian evidence act t5 a case to which section 288, criminal procedure code has to be applied. it is not necessary to state that view, as the position has now been ..... court can not be used in the sessions trial unless the witness is confronted with his previous statement as required by section 145 of the indian evidence act. this means that after the whole of the deposition in the committal court has been marked in evidence, it will be necessary to draw ..... the accused. she and her mother, who hailed from a village called vellappottal, had come to rajapalayam. the accused belongs to rajapalayam. at rajapalayam, velammal contracted illicit intimacy with p.w. 8 (pandi alias subbiah) before her marriage to the accused. after the marriage, the accused and velammal stayed for about ..... convicted by the learned sessions judge, ramanathapuram division at madurai in s.c. no. 108 of 1961 for the offence of murder under section 302, indian penal code and sentenced to imprisonment for life. he appeals from the conviction and sentence.2. the facts of the prosecution case are brief. the deceased ..... be this glaring contradiction between p.w. is evidence in the committal court and that of p.w. 5. therefore it will not be safe to act upon the evidence of p.w. 5.12. further, the deceased is the younger sister's daughter of p.w. 5. obviously he is interested .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1963
Reported in : AIR1964SC880; 49ITR165(SC); 3SCR191
..... accounts according to the telugu year, and the last year of account corresponding to the assessment year 1946-47 ended on april 2, 1946. under the indian income tax act liability to pay income-tax arises on the accrual of the income, and not from the computation made by the taxing authorities in the course of assessment proceedings ..... being common in appeals nos. 641 and 642 of 1961. suit no. 7 of 1944 was filed by the firm kumaji sare mal for damages for breach of contract. that suit was decreed by the high court on march 5, 1947. within nine days thereafter the deed of partition came into existence. the plaintiffs contended that ..... to rs. 5,000/- which she gave to her daughter. nagappa was questioned in regard to this statement and he suggested that the statement was obtained by coercion from seshamma by the income-tax authorities. the story that seshamma owned a large amount of cash, is not supported by any documentary evidence and it is difficult ..... ,022-10-6 due at the foot of certain transactions in yarn. this suit was dismissed by the trial court on the ground that the contracts for the supply of yarn were wagering contracts, but in appeal no. 174 of 1945 the high court of madras decreed the suit on march 5, 1947 holding that the ..... contracts giving rise to the liability though speculative were not of a wagering character. the high court passed a decree for rs. 10,000/- with .....Tag this Judgment!