Court : Supreme Court of India
Decided on : Feb-08-1979
Reported in : AIR1979SC1510; 1979CriLJ1125; (1980)1SCC609; 1979(11)LC503(SC)
s. murtaza fazal ali, j.1. the appellant has been convicted under section 324, ipc to one year's rigorous imprisonment as modified by the high court. it appears that on the date of occurrence namely, 25th august 1971, bishan the deceased was assaulted by .....Tag this Judgment!
Court : Chennai
Decided on : Nov-27-1979
Reported in : 1990LC607(Madras); 1980CENCUS50D; 1981(8)ELT478(Mad)
..... mandamus was sought for refund of the sales tax paid on imported tobacco as having been paid under a mistake of law under section 72 of the indian contract act. the high court held that the tax levied was unconstitutional and therefore the writ petitioner was entitled to the consequential relief of refund of the tax ..... clearly observed that the tax collected without the authority of law can be taken to be one paid under a mistake within section 72 of the indian contract act and so the government is liable to refund it and that liability can be enforced within three years not only in an action in a : civil ..... authority of law, that the sales tax paid in that case has been so paid under a mistake within section 72 of the indian contract act, that though the provisions of the limitation act do not as such apply to the grant of relief under article. 226 of the constitution, the maximum period fixed by the ..... ltd., 16 stc 689 sc, the supreme court has'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... if refund is not made ..... the supreme court had observed-'on a true interpretation of section 72 (of the contract act) the only two circumstances that entitle the party to recover the money back are that the moneys must have been paid by mistake or under coercion. if mistake either of law or of fact is established, he is entitled to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-05-1979
Reported in : 1980(6)ELT16(AP)
..... rule 11 therefore fails. 5. next it is urged on behalf of the company that the claim amount was paid under 'mistake' within the meaning of section 72 of the indian contract act and the mistake came to be dispelled on march 11, 1976 when the madras high court decided the dispute within six weeks. therefore on april 28, 1977 the claim was ..... chief justice exercised the discretion to dismiss the claim and in his opinion did not construe the facts either falling under the category or cases of 'coercion' or that of 'mistake' under section 72 of the contract act. 10. the facts in the instance case are : the company before the revenue authorities resisted the duty when it was demanded by the revenue authorities ..... court in bhailal bhai's case, : 6scr261 (supra).' the views expressed by five judges would show : bagawati and mitter, jj construed the facts to all within the meaning of 'coercion' under section 72 of the contract act. the suit ought to have been filed 'within three years from 1-1-1964' the date on which the limitation ..... for the respondent argued that the amounts were paid by the company in the instance case not under a mistake but 'may have been paid' under 'coercion' within the meaning of section 72 of the contract act : when amounts are paid 'under protest'. payment so made may not be voluntary and may be payment in the circumstances by the company 'under protest.' such .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-15-1979
Reported in : 43STC352(Kar)
..... not caused on account of coercion, undue influence, fraud or mistake as defined in section 14 of the contract act and that a legal compulsion did not amount to coercion as defined in section 15 of that act. it was also held that, as parties were competent to contract and the sale was for ..... was unnecessary and that though the buyer and the seller were brought the together by the operation of law, a contract emerged, and the consent must be held to exist impliedly. (3) indian steel and wire products ltd. v. state of madras : 1scr479 : in that case, which raised the ..... above judgment to the extent it was inconsistent with the minority judgment of hidayutullah, j., in new india sugar mills' case : air1963sc1207 and the view in indian steel and wire products' case : 1scr479 and salar jung sugar mills' case : 2scr228 was not good law. 6. the two cases ..... and held that the majority view in new india sugar mills' case : air1963sc1207 was not good law. the view so taken also agrees with the view taken in indian steel and wire products : 1scr479 , salar jung sugar mills : 2scr228 and oil and natural gas commission : 1scr354a . (3) considering he ..... which there is no scope for the parties to bargain.' (2) as regards other earlier decisions, after discussing the decisions in new india sugar mills : air1963sc1207 , indian steel and wire products ltd. : 1scr479 , andhra sugar mills ltd. : 1scr705 and salar jung sugar mills : 2scr228 , the supreme .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-08-1979
Reported in : AIR1982Bom30; ILR1981Bom1222
..... principle has received more amplification and is of wider amplitude in english law. but the framers of the indian contract act have chosen to give the same statutory shape in the form of s. 72 of the contract act. it is well known that when a principle of common law is embodied in a statute it is ..... received so far as the law in force in india is concerned. section 72 of the contract act may, therefore, be set out verbatim :'72. a person to whom money has been paid or anything delivered by mistake or under coercion , must repay or return it.'since, to my mind, the said s. 72 embraces ..... say with great respect that i am fully in agreement with what is expressed by thier lordships. viz. that the principles underlying section 65 of the contract act can have no application whatsoever to the kind of transaction, such as the instant one.25. it is the second source of the auction-purchaser's ..... that the auction-purchaser had a remedy by way of an independent suit even against the decree-holder on the principles analogous to section 65 of the contract act, he, therefore, held that a suit by auction-purchaser for recovery of the purchase money from the decree-holder was maintainable. the learned district judge ..... must pay back to himself. one cannot read the section as follows :' a person who has paid money or has delivered anything by mistake or under coercion , receive the same'i'am stressing this aspect of the case because it must be seen that in cases such as the instant case the auction .....Tag this Judgment!
Court : Orissa
Decided on : Aug-27-1979
Reported in : AIR1980Ori152; 49(1980)CLT547
..... place.9. in this case the place of payment of the amount claimed was not agreed between the parties. so under section 49 of the indian contract act or in accordance with the common law rule that the debtor must seek the creditor and make the payment at the creditor's place, the ..... in supplying the vacancy,' were not present in this case. this contention is absolutely frivolous. under clause 12 of the agreement all disputes relating to the contract in question are required to be referred to the sole arbitration of the general project manager of the corporation (petitioner no. 2) or to his authorised ..... circumstances of that case and for the purpose of deciding the particular questions raised in that case, held that 'when there is a breach of contract, the party who commits the breach does not eo instanti incur any pecuniary obligation, nor does the party complaining of the breach become entitled to a ..... . therefore, the o. p. is not expected to maintain an establishment at jalpaiguri only for the purpose of receiving their dues arising out of the contract. they can lawfully expect their dues, if any to be paid, at their permanent address at cuttack. accordingly it cannot be said that no part of ..... the general rule is that the debtor must follow the creditor. by application of this principle it follows that the place of payment under the suit contract is the place where the opposite party ordinarily resides or carries on his business.'in misc. appeal no. 250/77 and civil revision no. 438/ .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-25-1979
Reported in : (1979)GLR413; (1979)0GLR413; 118ITR134(Guj)
..... co. ltd. v. ito : 41itr191(sc) and s. narayanappa v. cit : 63itr219(sc) while dealing with the corresponding provisions of the indian income-tax act, 1922).' 24. the learned advocate for the respondent-transferee urged that in the context of the power of acquisition under s. 269c read with s. 1269d, ..... be of any assistance to us since they are rendered in the context of the provisions contained in s. 28(1)(c) of the indian i.t. act, 1922, the proceedings under which were penalty proceedings ex facie and the ratio thereof cannot be pressed into service in the context of the present ..... in cit v. gokuldas harivallabhdas : 34itr98(bom) , in the context of the nature of proceedings under s.28(1)(c) of the indian i.t. act, 1922, held that the gist of the offence under the said section is not giving a false explanation but concealment of the particulars of his income ..... of the property was with the object to facilitate the concealment of income/moneys which had not been disclosed for the purpose of the indian income-tax act, 1922, or this act. thus, investment made by her to the extent of the difference between the fair market value and the apparent consideration stated in ..... extended by a notification of may 26, 1940, and held that this contention was founded on misunderstanding of the jurisdiction of the ito under the indian i.t. act, 1922, to assess and bring to tax the taxable income since the jurisdiction was not conditional on the validity of the notices issued under s .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1979
Reported in : AIR1979SC1109; 1979LabIC818; (1979)3SCC458; 3SCR972
..... them from doing their duty. the constitution makers were keen to ensure that the chairmen and members of the union and state public service commissions were above reproach, free from coercion and political influence and they could, if necessary, stand up against the executive and defy any political pressure. it was with this end in view that the constitution makers enacted ..... court dismissing the writ petition filed by the petitioner for quashing and setting aside an order of reversion passed against him by the 4th respondent in his capacity as the acting vice-chancellor of the university of rajasthan. the order of reversion was challenged on several grounds, but they were all negatived by the full bench and the writ petition was ..... salutary provision, because any hope that might be held out for reappointment, or continuation in the same appointment, may act as a sort of temptation which may induce the member not to act with the same impartiality that he is expected to act in discharging his duties. therefore, that is a fundamental bar which has been provided in the draft article.4. shri ..... be the chancellor of the rajasthan university and he would have no authority to appoint the 4th respondent as acting vice-chancellor under section 12, sub-section (7) of the university of rajasthan act and if the appointment of the 4th respondent as acting vice-chancellor is invalid, the impugned order of reversion made by him would fall. we are, therefore, called upon .....Tag this Judgment!
Court : Delhi
Decided on : Nov-16-1979
Reported in : 17(1980)DLT404; ILR1979Delhi571
..... cells in fetters and under special guards arose to ensure that they do not escape. these cannot, thereforee, be taken as amounting to any coercion or threat affecting the voluntary nature of the confessions made by the appellants.(140) still another objection, raised by the learned counsel for the appellants ..... taxi once more. 'in my taxi i used to transport illict liquor from the place to another, as during this period i had come in contract with the bootleggers........................ after coming into contact with the bootleggers of bombay, i started manufacturing illicit liquor in gurunanak nagar. i earned sufficient amount from ..... inefficiency. some of the newspapers printed the photographs of the deceased. one dr. m. s. nanda (public witness 56) saw the photographs and contracted dsp chabra and informed him that he had probably given a lift to the deceased on the fateful day. the deceased were standing at roundabout of ..... on the record about the identity of the assail- ants. the confessions of the appellants are stated to be the result of threats and coercion and are not true.(60) it is not disputed that geeta was to compere a programme of the all india radio on that fateful evening ..... 34, indian penal code. each of them has been sentenced to rigorous imprisonment for five years under the first count as well as the second, and to rigorous imprisonment for seven years under the third count. jasbir singh @ billa has also been convicted under section 27 of the arms act and sentenced .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-07-1979
Reported in : AIR1979P& H255
..... be readily exercised and will be strictly confined to the specific grounds set out in ss. 6 and 30, of the act.'9. as to the question whether a contract or any of its clauses was incorporated in the award, it was held that answer to the same depends upon the construction ..... before the arbitrator shows that though it was contended that the contractor was not entitled to any compensation in view of condition 9 of the contract, yet the jurisdiction of the arbitrator was not specifically challenged or disputed. according to the learned counsel for the appellant the lacuna may be ..... s. bawa, engineer-in-chief by his letter dated january 21, 1976, appointed brigadier gur dayal as the arbitrator under the terms of the contract. claim was filed by the contractor before the arbitrator in which objections were raised on behalf of the appellant. evidence was adduced by both the sides ..... , may be enumerated as under,2. m/s. manchanda brothers, m. e. s. contractors and government builders, respondent no. 1, entered into a contract with the government of india for the construction of certain buildings. their tender having been accepted on august. 21, 1972, the work regarding the construction of ..... of law apparent on the face of the award.17. the learned counsel for the appellant also placed reliance on the following observations in the indian minerals co. v. the northern india lime marketing association, air 1958 all 692:--'misconduct not amounting to moral turpitude is called legal misconduct and .....Tag this Judgment!