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Judgment Search Results Home > Cases Phrase: coercion indian contract act Year: 1977 Page 1 of about 34 results (0.210 seconds)

Aug 17 1977 (HC)

General Enterprises and ors. Vs. Jardine Handerson Ltd.

Court : Kolkata

Decided on : Aug-17-1977

Reported in : AIR1978Cal407,82CWN437

..... the effect of the allegations made in the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section 16 or fraud as denned in rule 17 or misrepresentation as ..... or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent is so caused. a party to contract whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist ..... acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party ..... said to be so caused when it would not have been given but for the existence of such coercion, undue 'influence, fraud, misrepresentation or mistake. it is not necessary to deal with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following .....

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Jan 04 1977 (HC)

State of Kerala and Another Vs. V. K. Ramunni Panicker and Others.

Court : Kerala

Decided on : Jan-04-1977

Reported in : [1977]108ITR120(Ker)

..... under a mistake of law. on a true interpretation of section 72 of the indian contract act, the only two circumstances there indicated as entitling the party to recover the money back are that the monies must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled ..... in the ordinary course of business of the state will not make any difference to the position and under the plain terms of section 72 of the contract act the assessee will be entitled to recover back the monies paid by him to the state under mistake of law. but for a civil court to ..... . no distinction can be made in respect of a tax liability and any other liability on a plain reading of the terms of section 72 of the contract act. the term 'mistake', used in that section, has been so used without any qualification or limitation whatever and comprises within its scope a mistake of law ..... payment for his land. and the matter may be viewed in either of two ways, according to the terms of the contract act, ix of 1872, or according to the terms of the limitation act, xv of 1877.'we do not think this decision in any way helps the plaintiff to get over the bar of limitation ..... defendant, dhum singh, refused to refund the amount, for which an allowance in the 'sale consideration' had been made, although in consequence of his own acts, the contract of sale had been declared by the high court not to be enforceable and inferring that the cause of action had arisen on the date of the .....

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Jun 29 1977 (HC)

State of West Bengal and ors. Vs. Hindusthan Construction Co. Ltd.

Court : Kolkata

Decided on : Jun-29-1977

Reported in : [1978]41STC112(Cal)

..... by respondent no. 1 he filed the writ petition in this court on 5th june, 1972.8. under section 72 of the indian contract act, a party is entitled to recover money paid by mistake or under coercion. in sales tax officer, banaras v. kanhaiya lal makund lal saraf [1958] 9 s.t.c. 747 (s.c.), it ..... has been observed by the supreme court that there is no warrant for ascribing any limited meaning to the word 'mistake' in section 72 of the indian contract act, 1872 and it is ..... wide enough to cover not only a mistake of fact but also a mistake of law. but, on a true interpretation of section 72, the only two circumstances that entitle the party to recover the money back are that the money must have been paid by mistake or under coercion. ..... question, namely, whether or not a suit would be barred if it was instituted on the day the writ petition was filed. under article 96 of the indian limitation act, 1908, the period of limitation for such a suit is three years from the day when the mistake became known. if respondent no. 1 had filed ..... , but must be interpreted in its legal sense and should be given the same meaning which it has in the sale of goods act, 1930. it was observed that in a building contract which is one, entire and indivisible, there is no sale of goods and it is not within the competence of the provincial legislature .....

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Dec 20 1977 (HC)

United Bank of India Ltd. Vs. A.T. Ali HussaIn and Co., a Firm and ors ...

Court : Kolkata

Decided on : Dec-20-1977

Reported in : AIR1978Cal169,(1978)1CompLJ70(Cal),82CWN234

..... . in india, the law in this regard is to be found in section 72 of the indian contract act, section 72 is as follows: 'a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.' section 72 is simple in its term and there is no ..... mistake. it was observed by beaman j. that it was only to cases between the principal and principal that the language of section 72 of the indian contract act could be applied literatim, but before it could be extended to another class of connected cases, its sweeping general language would have to be qualified. ..... to that case, the doctrine was applied in other cases. in our view, there is a difference between the english law and the indian law as enacted by section 72 of the indian contract act. the difference has been indirectly pointed out by the privy council in shiba prasad singh v. srish chandra, 76 ind app 244 ..... that it would not be equitable to compel him to meet the plaintiff's claim.....i am quite prepared to say that section 72 of the contract act which i think has a bearing on this has to be qualified by the doctrine of equity in order to render it intelligible.' 12. the ..... therefore, in any way liable for the alleged loss suffered toy the plaintiff. it was contended by the defendant that the plaintiff and its constituent had acted negligently and carelessly, and that accordingly, the plaintiff was precluded from recovering the money from the defendant 4. the case of the defendant no. 2, .....

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Sep 28 1977 (SC)

Rau Chima Chougule Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Sep-28-1977

Reported in : AIR1977SC2407; 1978CriLJ14; (1977)4SCC518; 1977(9)LC677(SC)

..... of their bodies leaves no room for doubt that he had selected those parts for the attack. the murders were, therefore, not only pre planned and cold-blooded, but were acts of treachery of the 'worst kind' as stated by the high court. the appellant was not an immature person as he was 60 years old at the time of the .....

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Dec 16 1977 (SC)

Vishnu Agencies (Pvt.) Ltd. Vs. Commercial Tax Officer and ors.

Court : Supreme Court of India

Decided on : Dec-16-1977

Reported in : AIR1978SC449; (1978)1SCC520; [1978]2SCR433; [1978]42STC31(SC)

..... have taken the view that a transaction which is effected in compliance with, the obligatory terms of a statute may nevertheless be a sale in the eye of law. the indian, contract act which was passed in 1872 contained provisions in its seventh chapter comprising sections 76 to 123 relating to sale of goods which were repealed on the enactment of a comprehensive ..... a lawful consideration and with a lawful object, and are not by the act expressly declared to be void. section 13 of the contract act defines 'consent' and section 14 says that consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake as defined in sections 15 to 22. in the background of those provisions ..... to contract, the agreement was made for a lawful consideration and with a lawful object, the agreement was not void ..... co-ercion, undue influence, fraud, misrepresentation or mistake was 'freer consent' as defined in section 14 of the contract act, even though he was obliged by law to enter into the agreement. 'the compulsion of law is not coercion as defined in section 15 of the act' and 'in the eye of the law, the agreement is freely made-' since the parties were/ competent .....

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Mar 04 1977 (HC)

Muniammal Vs. Raja

Court : Chennai

Decided on : Mar-04-1977

Reported in : AIR1978Mad103

..... her past and future maintenance. after going through the recitals of the document, we are of the view that it cannot attract section 23 of the indian contract act since it cannot be said to be against public policy. therefore, we reject the contention of the learned counsel that this agreement is opposed to public ..... 10. now coming to the contention of the learned counsel that ex. b-2 is opposed to public policy offending the provisions of section 23 of the indian contract act, it may be noted that in muhammad muin-ud-din v. jamal fatima, (ilr 43 all 650) : (air 1921 all 152) it has ..... had failed to prove that the full satisfaction memo in o. s. 15 of 1943 under ex. b-2 was vitiated by fraud, misrepresentation or coercion, that the plaintiff did not have any subsisting right to claim future maintenance, that she was estopped from making such claim and that the said ..... on the ground the said finding is erroneous by virtue of the hindu adoptions and maintenance act. according to the appellant, exs. b-2 and b-3 have been executed by her, being a victim of circumstances, coercion and fraud and compelling events, and the said documents have not been executed by her ..... of her own free will and volition. at any rate, according to the learned counsel for the appellant, the appellant cannot be precluded from claiming maintenance for subsequent periods, due to change of circumstances, under the said act .....

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Dec 16 1977 (SC)

Vishnu Agencies (Pvt.) Ltd. and anr. Vs. Commercial Tax Officer and or ...

Court : Supreme Court of India

Decided on : Dec-16-1977

Reported in : (1978)7CTR(SC)0089B

..... taken the view that a transaction which is effected in compliance with the obligatory terms of a statute may nevertheless be a sale in the eye of a law. the indian contract act which was passed in 1872 contained provisions in its seventh chapter compressing ss. 76 to 123 relating to sale of goods which were repeated on the enactment of a comprehensive ..... a lawful consideration and with a lawful object, and are not by the act expressly declared to be void. s. 13 of the contract act defines 'consent' and s. 14 says that consent is said to be free when it is not caused by coercion, under influence, fraud, misrepresentation or mistake as defined in ss. 15 to 22. in the background of these provisions ..... coercion as defined in s. 15 of the act' and 'in the eye of the law, the agreement is freely made'. since the parties were competent to contract, the agreement was made for lawful consideration and with ..... . but if he made an offer, the occupier of the factory was bound to accept it and the consent of the occupier not being caused by coercion, undue influence, fraud, misrepresentation or mistake was 'free consent' as defined in s. 14 of the contract act, even though he was obliged by law to enter into the agreement. 'the compulsion of law is not .....

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Sep 01 1977 (SC)

The Bihar Eastern Gangetic Fishermen Co-operative Society Ltd. Vs. Sip ...

Court : Supreme Court of India

Decided on : Sep-01-1977

Reported in : AIR1977SC2149; 1978(26)BLJR22; (1977)4SCC145; [1978]1SCR375; 1977(9)LC586(SC)

..... society in accordance with the policy and procedure laid down in the aforesaid circular letter, it shall, on the basis of section 70 of the contract act refund to respondent no. 1 proportionate amount of the jamma deposited by him for the year 1977-78 after going into the accounts which he ..... its execution must be by such person and in such manner as the president or governor may direct or authorise. failure to comply with these conditions nullifies the contract and renders it void and unenforceable. (see decisions of this court in the state of bihar v. karam channel thapar & brothers ltd. : [1962]1scr827 ..... .5. appearing on behalf of the appellant, mr. patel has urged the following points:1. that since there was no completed, binding and enforceable contract between the state of bihar and respondent no. 1 as contemplated by article 299 of the constitution, the aforesaid writ petition filed by respondent no. ..... the settlement of the fishery rights of the jalkar in its favour.4. the high court while holding that there was no binding or enforceable contract between respondent no. 1 and the state government allowed the writ petition relying on the doctrine of promissory estoppel. aggrieved by this judgment and order ..... one year or reserves a yearly rent has also to be registered as required by section 17(1)(d) of the indian registration act, 1908 and section 107 of the transfer of property act. as in the instant case, the transfer of the 'profit a prendre' in favour of respondent no. 1 was .....

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May 10 1977 (HC)

Pardhana Vs. AmIn Chand and ors.

Court : Himachal Pradesh

Decided on : May-10-1977

Reported in : AIR1977HP94

..... he found in fact that the transaction was void inasmuch as there was never any consent to the gift within the meaning of section 19, of the indian contract act. reliance was also placed on the following observation in mt. azizunnissa v. siraj husain, air 1934 all 507 (at p. 51-1):'the right ..... not survive to the present plaintiffs.'6. marten, c. j. of the bombay high court, referred to the provisions in the indian contract act which contemplated that in certain cases the benefit and burden of promises should devolve on legal representatives. referring to section 19 and section 19-a of ..... the contract act, he said in shravan goba v. kashiram devji, air 1927 bom 384 (at pp. 387, 388)'in this connexion it may be ..... transfer of property act provides that inter alia 'a gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded'. a gift may, therefore, be revoked for coercion, fraud, misrepresentation or undue influence much as a contract may be rescinded ..... . the right to revoke a gift on those grounds is a right conferred by statute. it does not flow from any personal contract between the parties to .....

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