Court : Supreme Court of India
Decided on : Feb-16-1976
Reported in : AIR1976SC2243; (1976)4SCC723; 3SCR387; 1976(8)LC266(SC)
..... also contend that the appellants have no right to claim refund under section 72 of the indian contract act because the payments were neither under mistake of law nor under coercion. it is said by the respondents that there is no coercion because the export scheme was voluntary. again it is said that there is no mistake because ..... in paying the amounts and when exactly the mistake occurred and under what circumstances.31. section 72 the contract act states that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. the mistake is material only so far as it leads to the ..... if it had not been paid payment could have enforced shiba prasad singh v. srish chandra nandi 76 ia 244. see also pollock and mulla contract act 9th ed. by j.l. kapur pp. 519-520). in the present case, the respondents do not support the demand for administrative charges ..... contract, section 21 enacts that, that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that the money was paid ..... and unambiguous position of law which entitles a party to the relief claimed by him equitable considerations are not imported. a contract entered into under a mistake of law of both parties falls under section 21 of the contract act and not section 72. if a mistake of law had led to the formation of a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-1976
Reported in : AIR1976SC1994; 1976CriLJ1548; (1976)3SCC618; SuppSCR542
..... this court in khushal rao v. state of bombay : 1958crilj106 where the court observed as follows :on a review of the relevant provisions of! the evidence act and of the decided cases in the different high courts in india and in this court, we have come to the conclusion, in agreement with the opinion ..... closest circumspection to the statement before acting upon it. while great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not ..... the accused depends entirely on the reliability of the dying declaration ext. p-2. the dying declaration is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the ..... nursing home he was asked by the doctor p.w. 17 to get a magistrate so that the dying declaration of the deceased may be recorded. acting upon the instructions of p.w. 17 the sub-inspector went to the magistrate p.w. 11 who arrived at the nursing home and recorded the dying ..... as accused nos. 1 & 2 respectively have filed the present appeal in this court under section 2a of the supreme court (enlargement of criminal appellate jurisdiction) act of 1970.2. a perusal of the judgment of the high court clearly reveals that the learned judges have not accepted the major part of the evidence .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-24-1976
Reported in : AIR1976Cal196,(1976)1CompLJ333(Cal),80CWN365
..... p.c. before the a. c. m. m. calcutta shall be recorded as compromised on the above terms and conditions.'under section 23 of the indian contract act, every agreement of which the object or consideration is unlawful is void, it provides inter alia that the consideration or object of an agreement is unlawful ..... allegation of a party that his consent to the terms of the agreement has been procured by fraud, undue influence or coercion. it is true that fraud, undue influence or coercion makes a contract a avoidable one and not void. but as soon as a party complains about the practice upon him of fraud, ..... undue influence or coercion by another party, he avoids the contract. if the party complains to court that his signature to a document containing the terms has been obtained by the other party ..... and may therefore include agreements which are avoidable at the option of one of the parties thereto because they have been brought about by undue influence, coercion or fraud.'it has been further observed that it is possible to take the view that, independently of order xxiii, rule 3, the court has ..... the documents, exts. 1 and 1 (a) embodying the purported terms of settlement have been executed by the defendant no. 1 sulekha kundu under threat and coercion. it has, however, been strenuously urged by mr. b.c. dutt, learned advocate appearing on behalf of the plaintiff-appellant that an enquiry as to .....Tag this Judgment!
Court : Chennai
Decided on : Nov-04-1976
Reported in : 39STC443(Mad)
..... p.  29 s.t.c. 515 , has taken the same view where the court stated that:when different articles are transferred under a composite contract, the rate available for either of the two cannot be charged. the different items will have to be charged at the different rates.11. consequently, ..... the packing materials and a sale by the passing of property therein.6. the above observations will make it clear that in the present case the contract was one of sale of goods as packed, namely, kerosene in sealed tins and, therefore, an agreement to sell the packing materials can be readily ..... sold the kerosene in the same condition in which they purchased, namely, in sealed tins. under those circumstances, we are of the opinion that the contract between the parties, namely the appellants and their customers, was not to sell merely the kerosene, but to sell the kerosene in the packed condition, ..... such a question. this court observed :the question whether there has been a sale of the material would depend on the contract between the parties, expressed or implied. a mere contract of service, although a transfer of a movable property is involved therein, cannot by itself imply a sale. for example, ..... july, 1972, passed in exercise of its suo motu powers of revision under section 34 of the act.2. most of the facts are not in controversy. the appellants herein purchased kerosene from m/s. indian oil corporation, ernakulam and sold the kerosene in tamil nadu. the kerosene purchased by the appellants was .....Tag this Judgment!
Court : Kerala
Decided on : Aug-18-1976
Reported in : AIR1977Ker41
..... the law as to undue influence. in the case of a gift inter vivos is the same as in the case of a contract. it is embodied in section 16 of the indian contract act. sub-section (1) of section 16 defines 'undue influence' in general terms. it provides that to constitute 'undue influence' ..... in this case has also been done. neither in the pleadings nor in the evidence have the contesting respondents raised a case of undue influence, fraud, coercion or misrepresentation. in this connection, we need only refer to the decision of the supreme court in afsar sheidh v. sole-man bibi, 1976-2 ..... of proof lies on that person. section 111 is by way of an exception to this rule, where a fiduciary or confidential relationship subsist between the contracting parties for example, guardian and ward, trustee and cestui que trust, parent and child, physician and patient, preceptor and disciple etc. the rule also applies ..... coming to the question again whether registration is sufficient proof of execution there is a conflict of authorities as far as indian courts are concerned.14. section 60 of the registration act, 1908 states:'(1) after such of the provisions of sections 34, 35, 58 and 59 as apply to any ..... paikan (air 1942 nag 84) -- neither what is said in the privy council decisions nor the wording of section 60(2) of the registration act lends the least support to the statement in the last mentioned case that the certificate is only corroborative and not substantive evidence; the section says that .....Tag this Judgment!
Court : Chennai
Decided on : Jan-29-1976
Reported in : (1977)2MLJ335
..... , the liability of a railway must be measured solely by the test formulated under sections 151, 152 and 161 of the indian contract act. when goods have not been delivered to the consignee at the place of destination, the burden lies upon the bailee to prove the ..... of human affairs, would do or doing something which he would not do. the standard of negligence is given in sections 151 and 152 of the contract act but no general rule universally applicable can be laid down as defining the amount and quality of proof in every case which will discharge the railways' onus ..... liable for the loss.13. in moolji sicka and co. v. b.n. railway co. ltd. : air1932cal257 , while dealing with section 151 of the contract act, his lordship jack j., has held that where goods are consigned to a railway company for despatch the onus is on the company to show that they took as ..... under the statute, and whether the respondent railway, had discharged their duty as contemplated under sections 73, 77 and 78 of the indian railways act.10. chapter vii of the indian railways act deals with the responsibility of the railway administration as carriers. sections 72 to 82-j come within this chapter. section 73 makes the ..... are combustible, in the open platform. so, the question is whether the railway administration has taken such care of the goods.14. section 106 of the indian evidence act says that when, any fact is especially within the knowledge of any person, the burden of proving the fact is upon him. so, it is for .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-22-1976
Reported in : AIR1977AP348
..... a view to make provision for a dependent, it falls within the definition of a settlement deed as contained in s. 2(24)(b) of the indian stamp act which reads as follows:'s. 2 (24) 'settlement': settlement means any non-testamentary disposition, in writing, of moveable or property (whether by way of ..... discussed bearing on the various issues arising in the suit. the trial court decided that plaintiff's plea that the document is vitiated by undue influence and coercion and fraud. the supreme court in javer chand v. pukhraj surana, : 2scr333 observed that:'whether a question as to the admissibility of the ..... wife was merely descriptive' and 'that the grant of the property was not intended of the marriage', and that the document 'was clearly not a contract at all. it was in form and substance a gift for which no consideration was necessary'. their lordships were not called upon to consider whether it ..... described this document as a settlement deed. the executor has also described this document as a settlement deed as defined under s. 2(24) of the indian stamp act. in my view, a reading of the document, ex. b-18, leaves absolutely no doubt whatsoever that it is a settlement deed. the executor has ..... given without consideration with a view to make a provision for a dependent, it constitutes a settlement deed as defined under s. 2(24) of the indian stamp act. in my view, a reading of the document, ex. b-18, leaves absolutely no doubt whatsoever that it is a settlement deed. the executor .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-06-1976
Reported in : 1976CriLJ1210
..... of the provisions of the sale of goods act.4. under section 3 of the sale of goods act the provisions of indian contract act have been made applicable to contracts for the sale of goods under the sale of goods act section 4 of the sale of goods act runs as under:(1) a contract of sale of goods is a contract whereby the seller transfers or agrees to ..... agreement is recorded in writing and is signed by the parties. the consent of the occupier of the factory to the agreement is not caused by coercion, undue influence, fraud, misrepresentation or mistake. his consent is free as defined in section 14 of the contract act though he is obliged by law to enter into the agreement. the compulsion of law is not ..... coercion as defined in section 15 of the act. in spite of the compulsion, the agreement is neither void nor voidable. in the eye of the law, the agreement ..... is freely made. the parties are competent to contract. the agreement is made for a lawful consideration and with a lawful .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-20-1976
Reported in : AIR1977SC336; (1977)1SCC379; 1SCR853
..... 465 of 1954 and no. 65 of 1955 partially by its aforesaid judgment dated december 22, 1972, holding inter alia that no fraud, undue influence, coercion or misrepresentation was practised by the plaintiff on the defendants first set in connection with the execution of agreement dated february 9, 1948, or agreement dated july ..... etc. at various times from them, the same were of no legal value as they were secured by the former by practising undue influence, fraud, coercion and misrepresentation. it was further pleaded by the defendants that the plaintiff had illegally and contrary to the agreement dated july 6, 1948 debited them with huge ..... character and its effect is to render a suit by a plaintiff in respect of a right vested in him or acquired by him under a contract which he entered into as a partner of an unregistered firm whether existing or dissolved, void. in other words, a partner of a erstwhile unregistered ..... of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not effect-(a) the enforcement of any right to sue for dissolution of a firm or for accounts of a dissolved firm, or any ..... suit to enforce a right arising out of a contract falling within the ambit of section 69 of the partnership act. in the instant case, seth suganchand had to admit in unmistakable terms that the firm 'sethiya & co.' was not registered under the indian partnership act. it cannot also be denied that the suit out .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-20-1976
Reported in : AIR1977SC472; 1977CriLJ273; (1976)4SCC158; 1SCR280
..... opinion, not only does an adverse inference arise against the prosecution case from his non-production as a witness in view of illustration (g) to section 114 of the indian evidence act, but the circumstance of his being withheld from the court casts a serious reflection on the fairness of the trial.38. the facts of that case are clearly distinguishable from ..... court would interfere where the high court has arrived at a finding of fact in disregard of a judicial process, principles of natural justice or a fair hearing or has acted in violation of a mandatory provision of law or procedure resulting in serious prejudice or injustice to the accused; (5) this court might also interfere where on the proved facts .....Tag this Judgment!