Court : Kolkata
Decided on : Mar-15-1990
Reported in : AIR1990Cal353,94CWN812,I(1991)DMC60
..... a decree of nullity on the ground that the consent of either party was obtained by coercion. the learned judge, however, took into consideration as to whether or not the consent had been obtained by fraud as defined under indian contract act. he referred to s. 17 of the indian contract act which defines fraud and took into consideration of the conduct of the parties both at ..... exert tremendous influence on jolly by taking advantage of the fiduciary relationship.16. mr. mukherjee has referred to illustration (b) of s. 17 of the indian contract act and also s. 111 of the evidence act. mr. mukherjee has contended that proof of good faith is essentially necessary in every transaction where one party is enjoying active confidence because of the fiduciary relationship ..... witnesses later on signed in her absence. mr. chatterjee has drawn the attention of the court to the provisions of the special marriage act. it is incumbent that the marriage registration officer would ensure between the contracting parties to the marriage as to whether or not they are marrying voluntarily. unless it is accepted that the marriage registration officer did not ..... 1986 and then they came to know that there was a formal marriage between herself and tapan under the provisions of special marriage act. jolly has alleged that tapan had practised fraud on her and there was also coercion and inducement made by tapan to her for signing the blank forms on the representation that such forms were necessary for the purpose .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-08-1990
Reported in : (1999)IIILLJ203Raj
..... , or anything delivered, by mistake or under coercion, must repay or return it.it is correct ..... not be levied or collected as the act authorising the same was not applicable. it was collected without any authority of law. section 72, indian contract act runs as under :'72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.--person to whom money has been paid ..... do not agree with these observations of the nagpur high court. no such equitable considerations can be imported when the terms of section 72 of the indian contract act are clear and unambiguous. we may, in this context, refer to the observations of their lordships of the privy council in 30 ind app. ..... they could have also applied to e.s.i. court for the redressal of their grievance and could also file suit under section 72, indian contract act in the civil court and the writ petitions deserve to be dismissed on the ground of having alternative remedies.4. it has been contended ..... employer's liability to make the requisite contribution, 'besides this, no equitable consideration can be imported when the terms of section 72 of the indian contract act are clear and unambiguous. it has been observed in sales tax officer v. kanhaiyalal, air 1959 sc 135 at pages 143 and 144 paras .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-27-1990
Reported in : 1990LC341(Karnataka); 1990(50)ELT23(Kar); ILR1990KAR1297
..... except by authority of law.' section 72 of the indian contract act, 1872 reads : '72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.' article 265 expressly ..... prescribed under section 11-b of the act, is confirmed. (iv) the government of india is directed to consider and dispose of the said application within a period of four months from today having due regard to article 265 of the constitution of india read with section 72 of the indian contract act, 1872. ..... of law, he can always make a demand before the government for the refund of the amount on the basis of section 72 of the contract act and if the government fails to make such refund, it is open to the party either to file a civil suit or to approach this ..... and transit insurance charges do not form part of the assessable value of the goods manufactured under section 4 of the central excise and salt act, 1944 ('the act' for short). the order of the supreme court was pronounced on 9-5-1983, but the reasons in support of the order were pronounced ..... f and direct the authorities to dispose of the application without reference to the period of limitation prescribed under section 11b of the central excises and salt act, 1944, within a period of three months from today. petition allowed and rule made absolute accordingly'. aggrieved by the said order, the appellants have .....Tag this Judgment!
Court : Orissa
Decided on : Mar-14-1990
Reported in : 1990(29)ECC372
..... what provision of law refund can be claimed? mr. patnaik states that section 72 of the indian contract act would take care of refunds claimed on account of mistake. section 72 says:-a person to whom money has been paid or anything delivered, by mistake or under coercion, must repay or return it.strong reliance has been placed in this context on the recent ..... matter had really hot been gone into in mahabir kishore though it was noted in paragraph 16 that the question of unjust enrichment in cases under section 72 of the indian contract act had been referred by the court in the cases mentioned in that paragraph. the three cases referred in that paragraph as well as many decisions of different high courts were ..... ) (app).9. in view of the aforesaid decisions we hold that refund can be allowed in a petition under article 226 of the constitution and that section 72 of the indian contract act would provide the basis to claim refund of tax paid under mistake and that in such a case the general law of limitation would apply. let us now see as ..... expiry of six months from the relevant date. as regards the contention of the petitioners that section 11-b of the act did not apply as the present was a case of mistake of law attracting section 72 of the contract act because of which the claim for refund could be preferred within three years under the general law of limitation, the view .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1990
Reported in : AIR1991SC479; 188ITR295(SC); 1991Supp(2)SCC696
1. this is an appeal from a decision of the bombay high court in a reference made to it under section 66(1) of the indian income-tax act, 1922 in relation to the assessment year 1959-60 in respect of which the relevant previous year as the samvat year 2014. a few facts may be stated just to ..... ram) and sevantilal. in this view of the matter it was held by the high court that bai chandanbai, the widow of mohan lal daulat ram, was not competent to act as a karta of the family and was not entitled to enter into the partner ship as a coparcener, since there are judicial decisions to the facts that under the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-17-1990
Reported in : (1991)(36)LC403Tri(Delhi)
..... india read with section 72 of the indian contract act. 265 taxes not to be imposed save by authority of law: no lax shall be levied or collected except by authority of law. 72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion: a person to whom money has ..... mistake of law, he can always make a demand before the government for the refund of the amount on the basis of section 72 of the contract act and if the government fails to make such refund, it is open to the party either to file a civil suit or to approach this court ..... refund beyond the statutory period of limitation has been clearly enunciated above. the legal position emerging is that, (a) an application for refund made under the act is governed by the period of limitation stipulated therein, (b) a payment under a mistake of law can be recovered by recourse to civil or writ ..... to. in miles india ltd. v. appellate collector of customs 1983 elt 1026 : 1983 ecr 242d (cegat) this tribunal held that "unless the particular act makes provision for any type of condonation or extension of time on cause being shown or otherwise, it is not open particularly to a tribunal functioning within the ..... duty and that, therefore, the amount paid under a void action is liable to be refunded as the department cannot reap the benefit of a void act. he further submits that the amount should be presumed to have been paid under protest, as the superintendent debited the amount unilaterally, without the assessce's .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-05-1990
Reported in : 1991(1)BomCR152; 1991(1)MhLj369
..... was an agreement to pay the rent at enhanced rate, such an agreement would be a contravention of section 12(2)(a) of the hyderabad rent act and consequently violative of section 23 of the indian contract act.5. pleadings of the parties taken together, will go to show that admittedly the defendant - tenant has paid the rent at the rate of rs. 50 ..... /- per month for some time immediately proceeding the period for which rent is asked for in suit. there is no evidence on record to show that this was recovered by some coercion. defendant ..... is to be decided is whether such an agreement would be hit by provisions of section 12 of the hyderabad rent act and consequently by section 23 of the indian contract act.9. no fair rent is fixed under section 9 of the act in the instant case. therefore, the landlord and the tenant were at liberty to enhance the rent and the fact that ..... further feature of rent is, it is payable as and when it accrues unlike a premium the liability of which arises at the time of contract is entered into.'section 105 of the transfer of property act, 1882 defines the premium to mean the price paid for transfer of a right to enjoy the property made for a certain time and the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-29-1990
Reported in : 190ITR578(Cal)
..... the donee-trust was unauthorised, it would not amount to a breach of trust as defined in section 3 of the indian trusts act. section 23 of the indian trusts act provides for the consequences of a breach of trust. the relevant provisions of the said section are set out below :'where ..... transfer any of the trust properties. under section 11 of the indian trusts act, the purpose of the trust could be modified only by the consent of all the beneficiaries being competent to contract and, where the beneficiary is incompetent to contract, his consent-could for the purposes of that provision, be ..... be contended that the said donation was not valid ?45. our attention has been drawn by mr. bajoria to section 63 of the indian trusts act which we consider very relevant in the context of this case. section 63 provides as follows ;'following trust property into the hands of third ..... circumstances of the case and on a proper interpretation of the deed of trust dated may 20, 1943, and the provisions of the indian trusts act, 1882, the tribunal was right in holding that the trustees could not exercise their discretion to choose or exclude a particular beneficiary or class ..... beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-14-1990
Reported in : (1992)IILLJ657Bom; 1991(1)MhLj1359
..... to be struck down. he further contended that in a situation such as this, the agreement is also open to attack as being rendered void under section 23 of the contract act. it is unnecessary to enter into an examination of the law on this point, but suffice it to say that there is considerable force and justification in these submissions advanced ..... . the fundamental rights and the directive principles constitute the 'conscience' of our constitution. the purpose of the fundamental rights is to create an egalitarian society, to free all citizens from coercion or restriction by society and to make liberty available for all. the purpose of the directive principles is to fix certain social and economic goals for immediate alignment by bringing ..... most reluctant to grant permission for retrenchment and closure, but there is a valid justification for this policy in a set up such as the one which prevails in the indian economy where the value of one's job is almost synonymous with one's existence. apart from the tenets of the directive principles embodied in the constitution of india, government ..... . through such a social revolution the constitution seeks to fulfill the basic needs of the common man and to change the structure of our society. it aims at making the indian masses free in the positive sense. without faithfully implementing the directive principles, it is not possible to achieve the welfare state contemplated by the constitution. ray, j. the directive principles .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-11-1990
Reported in : ILR1990KAR2910; 1991(4)KarLJ604
..... .11. the points that crop up for consideration are:-1. whether the suit transaction is void and illegal and is opposed to public policy, in the context of section 23, indian contract act?;2. whether the pronote is without consideration?3. can the dismissal of suit against defandant-1 (father) be justified and is it sustainable?4. what order? 12. point - i:- ..... no cause of action?' 7. on appreciating the evidence, the court held that the suit document is supported by consideration against second defendant; defendants failed to establish threat and coercion; suit document was not void and illegal and lastly the consideration was neither illegal nor opposed to public policy. the court granted a decree for the sum stipulated in pronote ..... -12-1974 is not supported by consideration for the reasons mentioned in the written statements of the defendants?2. whether defendants prove that they executed the suit promissory note under coercion and threat of criminal prosecution by the managing partner of the plaintiff, namely m.s. lakshmana gupta and whether therefore the suit promissory note is void, invalid and unenforceable? ..... /-, the receipt of which is acknowledged.5. in the statement filed by first defendant while adopting the above defence, he added that the documents were got executed by blackmailing and coercion. he stated that he was managing partner of 'myveneers1 (firm) along with lakshman gupta. he was also a partner, along with lakshminarayan gupta, in the firm called 'metalite'. on .....Tag this Judgment!