Court : Rajasthan
Decided on : Mar-30-1964
Reported in : AIR1964Raj250
..... . 4) and karim khan (p. w. 6).'both the courts failed to take notice of the provisions of section 16 of the indian contract act and section in of the indian evidence act.6. undue influence is defined in section 16 of the indian contract act. in the case of poosathurai v. kannappa chettiar, air 1920 pc 65 it was pointed out by the judicial committee that:'it ..... by the plaintiff has been given, and issue has been joined on an enquiry but faintly adumbrated in the pleadings.'8. the rule laid down in section 16 of the indian contract- act is not restricted to cases wherestrictly or technically fiduciary relationship is established. the rule applies to all varieties of relations where the possibility of exercise of dominion and influence exists ..... insidious approaches and seductive artifices. sometimes the result is brought about by fear, coercion, importunity or other domination, calculated to prevent expression of the victim's true mind. it is a constraint undermin-ing free agency overcoming the powers of resistance, bringing about a ..... influence held that fraud was established. as observed by the 'privy council in someshwar dutt v. tribhawan dutt, air 1934 pc 130 that:'acts of undue influence must range themselves under one or other of these heads -- coercion or fraud.'undue influence is said to be a subtle species of fraud whereby mastery is obtained over the mind of the victim, by .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1964
Reported in : AIR1965Mad512; 1965CriLJ777
..... open to the judge on application by the parties to inspect the place, and what he sees on his inspection is evidence within the meaning of the indian evidence act, on which he may decide issues in the suit, and this and no more is what i conceive the original court has in this case done ..... be an agreement implicit or explicit not to appeal. 1 think the words of the plaintiff's and respondent's own undertakings, read together as a contract, are enough to dispel any such idea, and to show that what the parties agreed to was nothing more than that the finality of the district ..... which the court may arrive at after making a local inspection of the land and perusing certain plans and other records. the learned munsif agreed to act on that agreement and went to the place some seven miles off two days later. the case was again before the court when some documents were ..... before the district munsif certain plans and documents were put before him and then the plaintiff and some of the defendants agreed in writing and the pleader acting for the other defendants, i have no doubt, agreed to what appeared in writing that the learned munsif should himself go and inspect the land. the ..... kind of decree passed by the court after a personal inspection of the place in dispute ". it was held that the district munsif acted thereafter as arbitrator and that he acted illegally and with material irregularity in accepting the position of an arbitrator as all the parties had not consented.6. it follows from what .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-1964
Reported in : AIR1965SC166; 1964(0)KLT398(SC); 7SCR745
..... whether the two documents executed by the appellants and two of the respondents are unenforceable as being opposed to public policy under section 23 of the indian contract act (hereinafter called 'the act'). the trial court has answered this question in the affirmative, while the high court of kerala has taken a contrary view. 2. poulo ..... the two documents in question on the ground that they had been executed to stifle criminal prosecution and that they were also vitiated by undue influence, coercion and threat. the first defendant to this suit was the bank and defendants 2 and 3 were the two debtors poulo varghese and poulo thommi, the ..... think rightly, that where the validity of an agreement is impeached on the ground that it is opposed to public policy under s. 23 of the act, the party setting up the plea must be called upon to prove that plea by clear and satisfactory evidence, reliance on a mere sequence of events ..... criminal proceedings, it would not amount to an abuse of the right of private prosecution and would not attract the provisions of s. 23 of the act. the main point to remember is that the party challenging the validity of the impugned transaction must show that it was based upon an agreement to ..... ; but the common plea raised by them was that the document on which the bank's suit was based was unenforceable under s. 23 of the act. the trial court substantially upheld this defence with the result that suit no. 5/1947 was decreed and suit no. 32/1951 was dismissed. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-04-1964
Reported in : AIR1965SC1740; 56ITR84(SC); 16STC398(SC)
..... the payment of tax made by the appellant can be said to be under a 'mistake' within the meaning of that expression under section 72 of the contract act. 16. we are, therefore, of opinion that the high court rightly refused the writ of mandamus for the recovery of the sum of rs. 62,809 ..... to amount to a law making it incumbent on the state to refund the amount to the assessee. 15. reference is made to section 72 of the contract act for the contention that the state is duty bound to return the amount to the appellate. whether the case of he appellant falls under the provisions of ..... said : 'the high court normally does not entertain a petition under article 226 of the constitution of enforce a civil liability arising out of breach of contract or a tort to pay an amount of money due to the claimant and leaves it to the aggrieved party to agitate the question in a civil suit ..... conferred by a statute. we cannot use the construction placed on the words 'any law' in proviso (b) to section 45 of the specific relief act for the purpose of issuing a writ of mandamus in the exercise of powers under article 226 of the constitution and especially when two earlier cases of this ..... of mechanical engineers, iron, brass and malleble iron founders and re- rollers in steel. there was in force in the indore state, the indore industrial tax act, 1927, for the imposition of industrial tax on cotton mills. excess profits duty was payable under the indore excess profits duty order, 1944. the company did .....Tag this Judgment!
Court : Chennai
Decided on : Mar-13-1964
Reported in : AIR1966Mad225
..... ' that is, those contemplated by that enactment. in other words, the principles of english law, substantive as well as procedural, can apply only in regard to matters provided under the indian divorce act, namely, those relating to dissolution of marriage, judicial separation, alimony, custody of children etc. obviously, the statute cannot be held to justify the importation of all technicalities of the ..... more recent decisions, a court of equity is regarded as having inherent jurisdiction to entertain, independent of any suit for divorce or separation or of a suit to enforce a contract of separation, a suit by a wife for alimony, support, maintenance, or separate maintenance out of the general estate of the husband as distinguished from that of his wife coming ..... is the right of consortium with the other. in lush on 'husband and wife', 4th edn., page 406, the learned author observes:'consortium is a fundamental obligation of the marriage contract; consequently if a wife leaves her husband with neither his consent, nor conduct of his part justifying in law her living away from him, she will, although not guilty of ..... , can effectively drive his innocent spouse to the matrimonial court, on pain of starvation, to obtain judicial separation or divorce.(16) under the english law, marriage is the fulfilment of contract satisfied by the solemnisation of the marriage. it creates, by law, a relation between the parties so as to affect their status. such a change in the status involves or .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-09-1964
Reported in : AIR1965AP274
..... they were considering it only from that point of view. as section 91 of the indian evidence act excludes oral evidence only in proof of the terms and not of its existence as a fact, of a contract, grant or other disposition of property, no reference was made to that section in the ..... to be acceptable, on a consideration of the evidence , the surrounding circumstances and the probabilities of the case. in fact, when the plea of coercion set up in the plaint fails, the only circumstances to vitiate the partition disappears. what remains is all against the plaintiff's case that the property ..... compass. it shows that the finding of fact reached by the court below is correct. although the plaintiff alleged that he signed the partition deed under coercion, he could not sustain this story in his evidence, he admitted that his brother subba reddi and the husband of his eldest daughter, satyanarayana, ..... to partition between the plaintiff between the plaintiff and the defendant and the endorsements of transfer on the promissory notes were executed by the plaintiff under coercion? 2. whether partition in may, 1958 set up by the defendants is true, valid and binding on the plaintiff?it is not necessary to ..... in the plaint c schedule were made over to him by the plaintiff as part of an out and out partition between them. the imputation of coercion, compulsion or pressure made by the plaintiff was denied as false. the defendant contended that the suit itself was not maintainable because it sought a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-30-1964
Reported in : AIR1964SC1043; 6SCR461
..... came into force derived from the people of india. it is true that whatever vestige of authority which the british crown had over the dominion of india, since the indian independence act was thereby extinguished, but there was no cession, conquest occupation or transfer of territory. the new governmental set up was the final step in the process of evolution ..... has led to a differentiation between self executing treaties and non-self-executing treaties. says chief justice john marshall:- "a treaty is in its nature a contract between two nations, not a legislative act. it does not generally effect, of itself, the object to be accomplished, especially so far as its operation is infra-territorial; but is carried into execution ..... it has been said, the people change their allegiance, but their relations to each other and their rights of property remain undisturbed; and property includes rights which lie in contract. concessions of the nature of those which are the subject of enquiry present examples of mixed public and private rights : they probably continue to exist after annexation until abrogated ..... private individuals, particularly land to which title had already been perfected before the conqueror annexation are altogether different from the obligations which arise in respect of personal rights by contract." we have referred to these arguments and particularly to the citation of these two decisions, because they are usually referred to in connection with a suggestion that even according .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-01-1964
Reported in : AIR1965SC452; 53ITR283(SC); 8SCR121
..... be included in thetotal income of the appellant. the income-tax officer, companies district iv,calcutta, rejected the contention of the appellant, holding that cancellationof a single contract of agency out of a number of selling agencies held by theappellant was in the ordinary course of business and the sums received by theappellant as compensation for cancellation ..... question 3. - no part of thecompensation money was received by the assessee on condition not to carry on acompetitive business in explosives and consequently no part thereof was exemptfrom indian income-tax levy.' 11. with certificate of fitness granted by the high court, these appealshave been preferred by the appellant. 12. the principal question in dispute is whether ..... were revenue, taxable under theindian income-tax act, 1922. the income-tax officer also assessed the relevantamount of compensation to business profits tax for the chargeable accountingperiod ending march 31, 1949. 8. in appeal to ..... the option ofthe principal company. the appellant was incorporated for taking over thebusiness of m/s gillanders arbuthnot & co. and since it took over thedistributing agency the appellant acted as the sole agent and distributor ofexplosives manufactured by the principal company, but without a writtenagreement. 3. in may 1945 the principal company desired to set up its own .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-26-1964
Reported in : AIR1965Cal3
..... preferring anappeal. she is debarred from challenging it as an award, because it is not an award and it cannot be filed as an award under the indian arbitration act. it may be that she is debarred from further litigating. but she is so debarred from further litigating, because of her expressly agreeing to accept my ..... in (1937) 3all er 677. what happened in this case was that the plaintiff instituted a suit in the chancery division of the high court on a contract for accounts. in the said suit an order of reference for accounts wag directed to be taken by the master, at the request of both the parties ..... then a decree is to be drawn in accordance therewith. this is the proper procedure in case the decision is held to be an award under the indian arbitration act. but, as i stated before, the case of the petitioner is that it is not even aa award. mr. banerjee submitted that the instant judgment ..... decision is an award and should be treated as such. if it is an award within the definition of the indian arbitration act, it can only be filed in accordance with the provisions of the indian arbitration act, 1940 and when filed notice under section 14(2) will have to be served and the parties will have opportunity ..... given is a judgment, not an award, and the judge is not placed in the same position as an arbitrator'.a large number of decisions of the indian courts wag cited by mr. banerjee. i do not think it necessary to discuss them. in none of these decisions such a decision of the judge extra .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1964
Reported in : AIR1965Cal424,68CWN927
..... setting aside an award. the appellant is a company incorporated under the indian companies act, 1913 and carries on inter alia the business of building and construction at 6 hasting street, calcutta. the appellant entered into a contract in writing, dated the 30th december, 1954 with the president of india ..... represented by the acting chief engineer, eastern command, for construction of a canteen-cum-rest room for the gun ..... and shell factory at cossipore for a lump sum of rs. 2,11,827 in accordance with the terms, conditions and specifications set out in the documents constituting the contractthe work to he done under the contract ..... by respondents in proceeding with the work in spite of notices calling upon them to do so and having repudiated their liahilities under the contract, the contract was ultimately cancelled for default under condition 54 (amended) of i. f. a. w.--2249 vide claimant's letter no. 980003 ..... agreement was entered into between certain consulting engineers and a company carrying on coal refining business and a dispute arose as to whether the contract had been rightfully terminated by the company. this dispute was referred to arbitration. the company pleaded that the consulting engineers should have .....Tag this Judgment!