Court : Mumbai
Decided on : Jan-29-1991
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the ..... the principles of law enunciated in english, american and australian judgments have no relevance in indian legal system. the indian contract act, 1872 is not exhaustive. the, above-referred principles are also relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. these principles was broadly approved by our supreme court in a different context ..... in the case of central inland water transport's case and cannot be ignored in a case pertaining to bank guarantee as bank guarantee is also a contract governed by the same provisions. section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' ..... only a particular stipulation is vitiated. it all depends upon facts of each case. the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in english, american and australian legal system. whenever the duress results in .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-04-1991
Reported in : 1992(60)ELT550(Guj)
..... entitlement to claim refund. the claim is based on the provisions of section 72 of the indian contract act which deals with liability of a person to whom money is paid or things delivered under mistake or coercion. it provides that a person to whom money has been paid or anything delivered by mistake ..... or under coercion must repay or return it. provisions of section 72 of the indian contract act came up for consideration before a division bench of this ..... of loss or injury suffered by him. however, it is absolutely essential to plead and prove loss or injury to successfully claim restitution under section 72 of the contract act. in the case of dhrangadhra municipality v. dhrangadhra chemical works ltd., reported in 29 (1) glr page 388 = 1988 (35) e.l.t. ..... the law has also recognised this position. this can be seen from the provisions of section 64a of the sale of goods act, 1930 which enables the parties to a contract of sale to make variation in the sale price depending upon increase or decrease in the tax before the goods are sold. ..... also under the same impression but ultimately it is found that it was not so; (ii) and/or the amount was paid by the plaintiff under coercion, compulsion or pressure to the defendant; (iii) that if restitution is not granted to the plaintiff, the plaintiff would suffer legal injury or prejudice. .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-16-1991
Reported in : 1991(3)BomCR698
..... if this were the position, then even the cases covered by the explanation to rule 3, which renders the agreement void or voidable under the indian contract act, will come within the bar of rule 3-a. the other view is represented by the observation of lentin, j., in jethalal c. thakkar ..... diligent in getting the compromise recorded before making the payments. if the appellants have a grievance that the compromise was induced by fraud, misrepresentation, coercion and undue influence, these allegations will have to be gone into because of the requirements of rule 3, before an order recording the compromise can ..... by the learned counsel for the appellants as well as the respondents to indicate why the plea of fraud or misrepresentation, undue influence and coercion as set out in the memo of appeal, should or should not be accepted; but we do not think that we should enter into ..... the appeal is directed against a consent-decree, it was not maintainable and it was not open to the plaintiffs to raise the pleas regarding coercion, undue influence, misrepresentation and fraud, for the first time, in memo appeal, without raising these contentions before the trial court where there was ..... the decree on several grounds, including that the agreement, dated march 15, 1990, was not a lawful agreement because it was brought about by coercion, undue influence, misrepresentation and fraud and there was no opportunity to raise these pleas before the learned trial judge until the impugned order dated may 8 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-02-1991
Reported in : AIR1993Delhi76; 1991(2)ARBLR409(Delhi); 1991(21)DRJ322
..... kirpal, j.. in the case of uttam singh duggal (supra) the contractor has put up the claim alleging that there had occurred a breach of contract by the indian oil corporation in furnishing the drawings. the contractor in that case is alleged to have suffered damages for idle labour and due to escalation of prices ..... and it is for the arbitrator it decide the merited of the claim. the matter is not rest integra as these two clauses appearing in the usual contracts of indian oil corporation limited came up for consideration in two judgments of this court, one given in suit no. 697-a/83, m/s. uttam singh duggal ..... petition pleading that the petition is not maintainable as is hit by the provisions of section 69 of the indian partnership act and on merits, it is pleaded that in view of the terms of the contract, particularly clauses 66.1.0 and clause 220.127.116.11. the petitioner was bound to notify ..... partners. in view of this affidavit which is not controverter, counsel for the respondent has not raised any contentions based on provisions of section 69 of the indian partnership act. so, this issue is decided in favor of the petitioner. (7) issues nos. 2&3 issues nos. 2 & 3 would be dealt with ..... were bent upon not to release the security deposit unless the petitioner agreed to reduce his claim. it is pleaded that the petitioner out of coercion agreed to receive any payment whatsoever offered by the respondents and the petitioner was then refunded his amount due to the petitioner on the basis of .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-11-1991
Reported in : AIR1992Raj82; 1992(1)WLC405; 1991WLN(UC)378
..... arbitrator, who may be an employee of one of the parties. clause 9 of the agreement does not fall within any of the categories enshirned in section 23 of the indian contract act, on the basis of which theagreement in question may be declared as unlawful. the plaintiff, by way of agreement, accpeted the mode of arbitration for settlement of the dispute and ..... be one in whom both the parties response their trust and faith and the arbitrator must not have any prejudice against any of the parties. when the plaintiff, without any coercion, fraud, misrepresentation or any persuasion, of its own accord, willingly agreed to be bound in all disputes between it and the company by the decision of the arbitrator, who may ..... for the settlement of the dispute outside the court with a mutual voluntary agreement between the parties to refer the dispute to a third person. when the plaintiff, without any coercion, fraud, misrepresentation or without any undue influence on its own accord, willingly accepted clause 9 regarding the reference of the dispute to a sole arbitrator, who is to be appointed ..... both the parties have almost equal bargaining power. the appellant entered into the contract in the course of its binding activities and, therefore, the court is not expected to interfere in such type of contract. the appellant, with open eyes, without any coercion or fraud, entered into the contract and accepted the terms of arbitration. now, it cannot be allowed to back-out from .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-1991
Reported in : ILR1992Delhi540
..... be said that there is any invalid or unlawful consideration involved in this agreement between the parties on which account it is hit by sections 23 and 24 of the indian contract act. both the issues are answered accordingly. issue no. 19(49) it is argued under this issue on behalf of the defendants that the sale deed was to be executed according ..... for the agreement in dispute and under issue no. 18, it is to be seen whether the agreement is void and in violation of sections 23 and 24 of the indian contract act. the sub-mission on behalf of the defendants is that clause xiii of the agreement ex. public witness 1/1 contemplates delivery of possession prior to the execution and registration ..... major.(63) the objection on behalf of the defendants is, that the impugned agreement dated 6-7-1977 is contrary to section 11 of the indian contract act (ic act for short) and sections 6 and 11 of the hmg act insofar as it purpoports to be signed on behalf of the minor and the lunatic and, thereforee, the same is void. i am unable ..... is also sub-mitted that this agreement purports to do that which is forbidden by law and is, thereforee, hit by sections 23 and 24 of the indian contract act. in support of this submission, it is further contended that according to the agreement, the consideration agreed to be given by the plaintiff to defendant no. 9 i. e. to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-15-1991
Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; Supp2SCR267; 1992(1)LC111(SC)
..... deny welfare benefits to workmen, would be opposed to public policy and would become void under section 23 of the indian contract act. such an intention would be avoided by reading into the contract the extended meaning of agency but not fiduciary. chitty on contracts, 26th edition, in paragraph 2502 at page 4 stated of the use of the terms agent and agency. some persons ..... behalf of the principal employer.44. the application of the golden rule to the word 'agency' under the indian contract act between the respondents and the corporation, perhaps, does not encompass agency in strict sense under the act. but public policy of the act, the constitutional and human right's philosophy to provide social security to protect the health and strength of the workers must ..... between the employee and the c.e.s.c. to the exclusion of the electrical contractor.19. section 182 of the indian contract act, 1872 defines 'agent' as a person employed to do any act or to represent another in dealing with third persons, the person for whom such act is done, or is so represented is called the 'principal'. section 184 of the said ..... health and strength of a worker is an integral facet of right to life. the aim of fundamental rights is to create an egalitarian society to free all citizens from coercion or restrictions by society and to make liberty available for all. right to human dignity, development of personality, social protection, right to rest and leisure as fundamental human rights to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-03-1991
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; Supp1SCR251; 1992(1)LC505(SC)
..... as it was one not to prosecute a non-compoundable offence. this court held that the arbitration agreement was void under section 23 of the indian contract act as its consideration was opposed to public policy. the award was held void.34. even assuming that the union of india agreed to compound non ..... in a sense of proportion.38. accordingly on contention (f) we hold that the settlement is not hit by section 23 or 24 of the indian contract act and that no part of the consideration for payment of 470 million us dollars was unlawful.re: contention (g)39. this concerns the ground that ..... us dollars was the stifling of the prosecution and, therefore, unlawful and opposed to public policy. relying upon sections 23 and 24 of the indian contract act it was urged that if any part of a single consideration for one or more objects or any one or any part of any one ..... a pre-existing civil liability that was also settled and satisfied. the doctrine, he said, contemplates invalidity based on the possibility of the element of coercion by private individuals for private gains taking advantages of the threat of criminal prosecution. the whole idea o.' applicability of this doctrine in this case becomes ..... which is discharged or remitted by the agreement.in deb kumar ray choudhury v. anath bandhu sen and ors. : air1931cal421 . it was mentioned:a contract for payment of money in respect of which a criminal prosecution was permissible under the law, was not by itself opposed to public policy.. the withdrawal .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-26-1991
Reported in : (1994)IIILLJ643MP; 1991(0)MPLJ914
..... whether of insurance or indemnity, whether the insurance act or contract act, between the corporation and the employees/respondents.16. it is true that section 72, contract act recognises the principle that any person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it. it is ..... the person entitled to claim refund in the manner and mode prescribed thereunder; but that has not been done. relying even on section 72, contract act, it is not possible to sustain the impugned order passed without jurisdiction.17. in the premises aforesaid, i do not think if it is ..... toiling and teeming millions of the country. as regards shri dubey's reliance on george 'joseph fernandes case (supra), that is on section 20, contract act about 'mistake' of parties in respect of an agreement between them. although to paras 22 and 23 of the report, shrf dubey has drawn my ..... case of neither employer was covered by the said regulation. on behalf of respondent/employers, shri dubey endeavoured to sustain the impugned order, invoking section 70 contract act. he also cited i.t.c. ltd. v. george joseph fernandes : air 1989 sc 839. the thrust of the argument of shri mittal, ..... (1), his status as 'trustee' thereunder would relate now to sum refunded.15. although shri dubey has relied on section 70, contract act, his submission, in my view, is repelled effectively by shri johri's contention that special law contemplated under regulation 40, must prevail. in any .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-10-1991
Reported in : AIR1992Cal222,(1992)1CALLT463(HC)
..... that the partnership business of the bina cinema entered into betweenachutananda samanta, ranjan bose, bishnupada paramanik and abdul latif is void under s. 23 of the contract act. the partners of the said business namely ranjan bose, bishnupada pramanik and abdul latif cannot file the suits namely suit nos. 57/61 and 32/62 ..... of rule 19 of w. b. cinema regulations rules being agreement contravening the provisions of the relevant statute is void u/ s. 24 of the contract act.36. we find on consideration of the judgment passed by the ld. judge that before the ld. judge also it was an admitted position of the ..... completely militates against sub-rule (1) of rule 19 of the said rules and the agreement is, thus, void by s. 24 of the contract act and the partnership is illegal. it is submitted that in this case also it is an admitted position that the cinema business is being run in ..... from the district magistrate, 24-parganas and has been running the said business exclusively. 3. ranjan, bishnu and latif by practising fraud, undue influence and coercion created some ficatitious sale deed in favour of ranjan in respect of 6 annas share and has also created some fictitious documents dated 22nd december, 1953 and ..... decree in t.s. no. 181 / 55 in the 7th court of the sub-ordinate judge, alipore are all vitiated by fraud, misrepresentation, undue influence and coercion. in that suit ranjan has made out a completely different case from that he made in the written statement in t. s. no. 1/54 and t .....Tag this Judgment!