Court : Rajasthan
Decided on : Sep-06-1978
Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481
..... us that subject to the question of limitation, money paid under a mistake or coercion may be recovered under section 72 of the indian contract act. the right to relief for the return of money under section 72 of the contract act extends to money paid under mistake of law, that is, mistake in thinking that ..... , wherein it was observed,-'money paid under a mistake of law comes within the word 'mistake' in section 72 of the contract act and there is no question of estoppel when the mistake of law is common to both the assessee and the taxing authority.'in the limitation ..... re-inforced, or hard drawn stranded aluminium conductors for overhead power transmission purposes, from so much of that portion of the duty of schedule to the indian tariff act, 1934 (32 of 1934) entry in column (3) of the said table :- tables.no. description of goods rate of duty1. electrolytic aluminium rods ..... one order holding that the machineries in question are not mining machinery within the meaning of item 72(18) of the first schedule to indian tariff act but he, however, conceded that the ground of the first appellate authority that the petitioners having once opted for assessment under item 72a could ..... 170/67:-sub : no. 3 countervailing duty-e.c. grade aluminium wire rods, other than extruded levy of additional duty under section 2a of the indian tariff act.the decision of the central board of excise and customs on the above subject is reproduced below for information of importer, clearing agents and the public : .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-06-1978
Reported in : AIR1978Cal235,82CWN617
..... the option of the party when his consent to an agreement is not free but is caused by coercion, fraud or misrepresentation. the averments in the ..... on the impugned contract, in view of the suit filed by the plaintiff on a contract based on alleged fraud it is not necessary for the defendant to file a suit for avoidance of the contract as would otherwise be necessary. 12. section 19 of the indian contract act, 1872 provides that a contract is voidable at ..... the defendant was not a free agent in writing the letter of agreement was comprehensive enough to cover case of fraud as the basis of the contract according to the defendant. as the unrebutted evidence establishes, the plaintiff assured that the impugned letter would never be utilised to the detriment of the ..... shown that the party defrauded has at any time after knowledge of the fraud either by express words or by unequivocal acts affirmed the contract, his election is determined for ever, but the party defrauded may keep the question open so long as he does nothing to affirm the ..... contract, further the limitation for bringing a suit under article 95 (of 1908 act) is three years from date of knowledge of fraud by the wronged party. in this case the plaintiff's .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-1978
Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; 3SCR823
..... identity with eight or even six points of identity. mehta has also stated that in the case of blurred impressions the view of some of the indian experts is that if there were three identical points, they would be sufficient to prove the identity.46. there is no gainsaying the fact that ..... of madhya pradesh : 2scr594 , the question whether a presumption should be drawn against the respondent under illustration (a) of section 114 of the evidence act is a matter which depends on the evidence and the circumstances of each case. the nature of the recovered articles, the manner of their acquisition by the ..... his knowledge of it. as the information given by the respondent related to that important fact, it was clearly admissible under section 27 of the evidence act. moreover the actual recovery of the currency notes, the ring and the purse in pursuance of the information given by the respondent, and at his ..... high court that the respondent was interrogated for several hours and that his disclosure statement was involuntary so as to attract section 24 of the evidence act. as it is, the evidence on the record was sufficient to show that the statement was not only voluntary but it fell within the ..... ex. p.o. was involuntary as the respondent was 'interrogated for several hours after his arrest', and was hit by section 24 of the evidence act. the fact however remains that even the respondent has not stated that he was compelled to make the disclosure statement, and there is no other evidence .....Tag this Judgment!
Court : Chennai
Decided on : Dec-12-1978
Reported in : (1979)1MLJ301
..... the closest provision might seem to be found in section 72 of that act but the decree-holder can hardly be described even for purposes of this section as a person to whom the articles are delivered under 'coercion.' for, if the ..... of this kind do not arise out of contract nor do they arise out of any trust, express or implied. it is difficult to say, even whether the situation fits in precisely with the requirements of any of the provisions of chapter v of the indian contract act, 1872 relating to quasi-con tracts. ..... at the time to take delivery of his moveables, the amin gave them over to the landlord and another local resident who was prepared to act as surety, taking a bond from both of them for keeping the articles in safe custody pending the orders of court for their disposal. subsequently ..... judgment-debtor were there at the time, neither he nor the amin would be under any compulsion to hand over the goods nevertheless to the decree-holder. again, none of the enacted provisions in the indian trusts act, 1882, relating to resulting trusts ..... and constructive trusts can in terms, be applied to this situation. almost all the provisions dealt with in chapter ix of the trusts act are of a kind which arise out of some jural relationship .....Tag this Judgment!
Court : Chennai
Decided on : Aug-19-1978
Reported in : AIR1979Mad267; (1979)2MLJ304
..... or reasonable. i do not therefore accept the contention of misrepresentation put forward for the appellant.18. the result is that under s. 20 of the indian contract act, the agreement to receive the sum of rs. 3753-75 in full satisfaction would be avoided and the plaintiff would be entitled to receive the balance. ..... based on common law, cited before me on the question of mistake, as the matter is governed in india by the provisions of the statute, viz. indian contract act.17. i have to examine the facts in this case to find out whether there was any unilateral or a mutual mistake. at the time when the ..... defendant is liable to make good the value of the 4 cartons subject to the limit fixed in the bill of lading.s. 20 of the indian contract act provides-"where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. ..... been an accord and satisfaction so as to disentitle the plaintiffs from coming forward with a suit for the proper amount.14. s. 63 of the contract act provides that a promise may dispense with or remit, wholly or in part the performance of the promise made to him, or may extend the time for ..... also it is possible to hold that he has not remitted or dispensed with the performance of the contract.15. sec. 72 of the contract act provides for the recovery of the amount paid by mistake or under coercion. that section cannot apply to the present case because there is no payment by one to another. this .....Tag this Judgment!
Court : Kerala
Decided on : Jun-12-1978
Reported in : AIR1979Ker68
..... supreme court that the value of the property to the owner is the standard in making the assessment under the calcutta municipalities act. it was pointed out that a contract for rent at a higher rate than the standard rent is not only not enforceable but also that the landlord would ..... observation of mitter j. may be extracted with great advantage (at page 1109).'158. the expression 'capital value' has not been defined in act either english or indian, but is a term well known to the english law of rating. according to ryde on rating eleventh edition, page 433 : 'where property ..... content as recognised in judicial decisions and adopted in legislative practice.37. the expression 'capital value' has not been defined in any statute either english or indian. the meaning of the expression 'capital value' came in for detailed consideration by the supreme court in union of india v. h. s. dhillon ..... on the peculiar principle of rating obtaining in england which is fundamentally different from that accepted under the act. there is another difference between the english law and the indian law. under the english act of 1920, payment of rent in excess of thestatutory rent was not barred and the landlord might ..... receive the same, but under the rent control act receipt of a higher rent than the standard rent is penalised; that is, while in england a contract to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-17-1978
..... agreements." 105 cong.rec. 18128 (1959), 2 leg.hist. 1715. the house conference report similarly stressed that "[n]othing in such provision is intended . . . to authorize the use of force, coercion, strikes, or picketing to compel any person to enter into such prehire agreements." h.r.rep. no. 1147, 86th cong., 1st sess., 42 (1959), 1 leg.hist. . 946. [ footnote 11 ..... ), 1 leg.hist. 81-82 (emphasis added). [ footnote 10 ] congress was careful to make its intention clear that prehire agreements were to be arrived at voluntarily, and no element of coercion was to be admitted into the narrow exception being established to the majority principle. representative barden, an important house floor leader on the bill and a conferee, introduced as an ..... . 347 regardless of the wishes of his employees." id. at 421 u. s. 632 , and references cited therein. the use of picketing was of particular concern as a method of coercion in three specific contexts: where employees had already selected another union representative, where employees had recently voted against a labor union, and where employees had not been given a chance ..... is a refusal to bargain and an unfair labor practice under 8(a)(5). [ footnote 8 ] extended picketing by the union attempting to enforce the contract thus seeks to require bargaining, but as the board applies the act, 8(b)(7)(c) does not bar such picketing. building & construction trades council of santa barbara county (sullivan electric co.), 146 n.l.r .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-29-1978
Reported in : AIR1979MP45
..... or concealment is not tenable'. 16. in bimla bai v. shankerlal, air 1959 madh pra 8 a single bench of this court applied the provisions of section 17 of the indian contract act, 1872, to invalidate a hindu marriage to which consent of the bridegroom was obtained by fraudulent misrepresentation. it was held in para. 15 of the judgment that there was misrepresentation ..... within one year of the discovery of fraud. according to the learned counsel, the term 'fraud' has not been defined under the 'act' and, therefore, it should be attributed the same meaning as it has under section 17 ofthe indian contract act. with this submission of the learned counsel, we are unable to agree. the words 'force' or 'fraud' appearing in that sub-section ..... disclosed in the letter is not the same as is disclosed in evidence. the letter ex. p-1, therefore, undoubtedly is a piece of fabrication and is the result of coercion and threat. it has been extorted from the respondent under duress. it has been, therefore, rightly rejected by the trial court. 8. true it is that the supreme court in ..... adduced by the parties concluded that the charge levelled by the appellant against the respondent was false. he also held that ex. p-1 was obtained from the respondent under coercion. in his assessment, the entire evidence adduced by the appellant is a piece of fabrication and concoction. consequently, the petition was dismissed. 6. shri y.s. dharmadhikari, learned counsel for .....Tag this Judgment!
Court : Chennai
Decided on : Feb-06-1978
Reported in : AIR1979Mad42
..... /- was not made lawfully, nor was it done under a mistake or under coercion and it could not be recovered. an attempt was made before the supreme court to bring the case within section 65, 70, or 72 of the contract act. in dealing with this contention it was observed that s. 65 makes a ..... applicability of sections 70 and 72 of the contract act on the ground that the payment of the money was not made lawfully, nor was it done under a mistake or under coercion. in coming to this conclusion, the supreme court approved the decision of the hyderabad high court ..... distinction between an agreement and a contract. according to s. 2 of the contract act an agreement which is enforceable by law is a contract and an agreement which is not enforceable by law is said to be void.therefore, when the earlier part ..... not lawful and, therefore, void, there was no contract but only an agreement and it is not a case where it is discovered to be void subsequently. nor is it a case of the contract becoming void due to subsequent happenings. therefore, s. 65 of the contract act did not apply." it also ruled out the ..... find the following statement of the law in montefoire v. menday motor components co. ltd., ((1918) 2 kb 241)."a contract may be against public policy either from the nature of the acts to be performed or from the nature of the consideration. in my judgment it is contrary to public policy that a .....Tag this Judgment!
Court : Kerala
Decided on : Jul-11-1978
Reported in : 49CompCas296(Ker)
..... document, which constitutes the bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17 of the indian registration act as a non-testamentary instrument, creating an interest in immovable property, where the value of such property is 100 rupees and upwards. therefore, the crucial question is : did the ..... by the parties themselves as the only repository and the appropriate evidence of their agreement. if this memorandum was of such a nature that it could be treated as the contract for the mortgage, and what the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which the equitable mortgage was ..... intention that those documents shall constitute a security which will enable the creditor ultimately to recover the money which he has lent. but if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain, and the document will be the sole evidence of its terms. in such a case, the deposit ..... the other hand, its proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document itself, being merely evidential does not require registration.' in .....Tag this Judgment!