Court : Supreme Court of India
Decided on : Jan-31-1992
Reported in : AIR1992SC675; 1992CriLJ777; 1992(1)Crimes666(SC); JT1992(3)SC16; 1992(1)SCALE202; (1992)2SCC406; 1SCR466
..... bhagwan swaroop was dismissed by the high court. the high court allowed the state appeal and further convicted bhagwan swaroop under section 307 ipc and section 25-a arms act. he was sentenced to five years and one year rigorous imprisonment respectively for the said offences. this appeal before us by way ..... by the pellets spread by the gun-shot. it was on these findings that the trial court acquitted bhagwan swaroop of the charge under 307 ipc. we agree with the trial court and hold that the high court was not justified in reversing the same. the high court further grossly erred ..... was not justified in setting aside the acquittal of bhagwan swaroop under arms act.12. for the reasons given above we allow the appeal, set aside the conviction of appellant bhagwan swaroop under section 302 ipc, 307 ipc and 25 arms act and acquit him on all these counts. he is already on bail. ..... singh and under section 307 ipc for an attempt to murder shahid. he was further charged under section 451 ipc for committing trespass and also under section 25-a of arms act. ramswaroop, father of bhagwan swaroop, was charged under sections 109/302, 451 ipc and 29 of the arms act. ramswaroop was acquitted of ..... all the charges by the trial court, bhagwan swaroop was, however, convicted under section 302 ipc and was sentenced to imprisonment for life. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-1992
Reported in : AIR1993SC929; JT1992(3)SC84; 1992(1)SCALE935; (1992)3SCC63; 2SCR780; 1992(1)LC752(SC)
ordersharma, j.1. special leave is granted.2. the case relates to the appointment of a dealer of a fair price shop in aadhra fradesh. an advertisement for the purpose was issued on 16.4.1990 as per annexure a inviting applications from the eligible candidates subject to, inter alia, the following conditions:5. preference will be given to the candidates who are experienced in the business.6. preference will be given to unemployed educated persons, ladies and handicapped persons in case of equal qualifications among the candidates.the appellant and the respondent no. 1, besides other applicants applied and the respondent no. 4, revenue divisional officer, selected the respondent no. 1 on the basis of a brief interview. the appellant, after unsuccessfully moving the respondent no. 3, filed a revision petition before the collector respondent no. 2. on hearing the parties concerned, the collector allowed the petitioner's claim by the judgment dated 8.2.1991 (annexure f) holding thus:in the present case whatever is the angle from it is viewed sri. y. srinivasa rao appears to be having better claim than sri. j. veeraiah babu. sri y. srinivasa rao passed b.com., and he was f.p. shop dealer for a fairly long time. the experience as f.p. shop dealer is now assessed for the purpose of marks, but on grounds of comparison this aspect also could not be ignored even if not taken advantage of in favour of the respective person.the collecter, thus, obviously did not interfere with the choice .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-11-1992
Reported in : 1993(67)ELT483(Raj)
..... section 72 of indian contract act. section 72 is based on equitable principles. therefore, by claiming to retain the tax which has been collected without the authority of law, the government cannot enrich itself and it is liable to make restitution to the persons who had made payment under mistake or under coercion. the state has ..... taxes paid under a mistake of fact may ordinarily be recovered back (see corpus juris secundum, vol. 84 p. 637). although section 72 of the contract act has been held to cover cases of payment of money under a mistake of law, as the state stands in a peculiar position in respect of taxes ..... paid by him. refunding in such cases has been held by the courts of this land to be due not under the act, but on account of principle embodied under section 72 of the contract act - that, anything which has been paid under mistake, the person who makes the payment, is entitled to recover it ..... ) e.l.t. 180] and in arphi incorporated [1989 (40) e.l.t. 311]; calcutta in dilichand shreelal v. cce [1986 (26) e.l.t. 298 and indian rayon & industries ltd. v. acce [1990 (26) ecc 251(cal.); madras in soft beverages p. ltd. v. union of india [1982 (10) e.l.t. 119 ..... word 'may' in sub-section (3) of section 11b, therefore, has to be read to mean 'shall'. reference in this connection may also be made to decisions in indian aluminium company ltd. alupuram v. superintendent of central excise, alwaye and ors. [1978 (2) e.l.t. 650 (ker.)]; saigal industries v. central board of excise .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-28-1992
Reported in : AIR1992MP318; 1992(0)MPLJ953
..... , the agreement is a contract voidable at the option of the party whose consent was so ..... , however, to affirm the contract and, if rescission is no longer possible, he must affirm.'similar remedy is provided in section 19 and 10-a of the indian contract act, 1872 because the accountability of the agent is only to his principal. sections 19 and 19-a of the contract act read as follows :'19. when consent to an agreement is caused by coercion, fraud, or misrepresentation ..... entitled to avoid it has received any benefit there under, upon such terms and conditions as to the' court may seem just.''misrepresentation' as defined in section 18 of the contract act includes: 'any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him, by misleading another to his prejudice ..... caused.''19-a. when consent to an agreement is caused by undue influence, the agreement is a. contract voidable at the option of the party .....Tag this Judgment!
Court : Orissa
Decided on : Dec-16-1992
Reported in : 1993(I)OLR228
..... the said tax. payment of tax or duty which is without authority of law is a payment made under mistake within the meaning of section 72 of the indian contract act. the apex court in m/s. shiv shankar dal mills etc. etc. v. state of haryana and ors. etc., air 1980 sc 1037, u. ..... sc 383 and state of madhya pradesh, v. vyankatlal and anr., air 1985 sc 901 referred to unjust enrichment in cases under section 72 of the contract act. the said section is based on equitable principles. therefore, by claiming to retain the tax which has been collected without the authority of law, the ..... government cannot enrich itself and is liable to make restitution to the person who had made payment under mistake or under coercion. while it would be abhorrent to principles of justice to hold that the state which has unjustly enriched itself by collecting tax without authority of ..... fairbairn lawson (1943) ac 32 : (1942) 2 all er 122 pointed out 'the obligation is as efficacious as if it were upon a contract. such remedies are quasi contract or restitution and theory of unjust enrichment has not been closed in english law.' while therefore, holding that section 9-b (3) has no ..... in mahabir kishore and ors., v. state of madhya pradesh, air 1990 sc 313 the relatively modern principle of restitution is of the nature of quasi-contract. the principle of unjust enrichment requirest first, that the defendant has been 'enriched' by the receipt of a 'benefit'; secondly, that this enrichment is .....Tag this Judgment!
Court : Delhi
Decided on : Apr-20-1992
Reported in : ILR1992Delhi1057
..... submission that at least the contract may be specifically enforced qua 192 sq. ft. of space on the 13th floor, it is repeated simply ..... to be specifically rejected for various reasons. (1) the contract regarding rate of purchase is not certain. (2) it is not ..... way determinable on that account. the contract between the parties was in the nature of a contingent contract which was dependant on the sanction of additional far in favor of the defendant by the appropriate authori-ties. unless that contingency was fulfillled the contract was not capable of specific enforcement as stated in section 31 of the indian contract act, 1872.7. so far as the ..... shape of a separate covered area, but forms part of a bigger hall/restaurant measuring about 1400 sq. ft. specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation in money. (4) part performance in .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1992
Reported in : AIR1993Delhi285; 47(1992)DLT225; 1992RLR299
..... submission that at least the contract may be specifically enforced qua 392 sq. ft. of space on the 13th floor, it is repeated simply ..... to be specifically rejected for various reasons. (1) the contract regarding rate of purchase is not certain. (2) it is ..... a way determinable on that account. the contract between the parties was- in the nature of a contingent contract which was dependant on the sanction of additional far in favor of the defendant by the appropriate authorities. unless that contingency was fulilled the contract was not capable of specific enforcement as stated in section 31 of (he indian contract act, 1872. (7) so far as the ..... the shape of a separate covered area, but forms part of & bigger hall restaurant measuring about 1400 sq. ft. specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation in money. (4) part performance in .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-06-1992
Reported in : 1993CriLJ1191; 1992(3)WLC126
..... allowed, the compounding of the offence under section 39 of the indian electricity act, 1910 made by relevant parts of annexures 1, 2 and 4 by the parties is declared to be unlawful and void under section 23 of the contract act and the respondents are hereby restrained from realising any further amount ..... itself. this consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under section 23 of the contract act. it is unenforceable as against the petitioner-company.29. the remedy provided to the board under condition no. 29 of the 'general conditions of ..... and having escaped the consequences of police investigation and probably prosecution and suitable sentence, cannot turn round and say that the same was obtained under coercion.28. what better and what more can be an admission of the fact that the consideration or object of the compounding agreement was abstention ..... compounded by the owner of the property stolen (see section 320(2) cr.p.c.). clearly, therefore, the offence under section 39 of the indian electricity act, 1910 was not a compoundable offence.19. let us, therefore, immediately come to the question as what was compounded between the petitioner-company and the ..... the director of the petitioner company agreed to pay or agreed to compound the case for a sum of rs. 4,50,000/-under coercion and under undue influence as pleaded in para 6 of the writ petition?13. it was not disputed by the learned counsel for the petitioner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-22-1992
Reported in : 79CompCas674(SC); 1992(2)SCALE846; (1993)1SCC493; Supp2SCR109
..... executed the pronote exhibit a.1. in the facts and circumstances of the case, there was no necessity of going into the question of novation of contract as contemplated under section 62 of the indian contract act. the defendants had executed the pronote and also created equitable mortgage in favour of the bank and the pronote itself contained an endorsement of 'for ..... 000/- borrowed by 37 persons on the principle of novation of contract as contained under section 62 of the indian contract act. the high court observed that section 62 contemplates a new contract superseding or rescinding or altering the original contract. the new contract should extinguish the earlier contract and the liability under the earlier contract should come to an end otherwise the novation will fall for ..... 1 and a.8 and shri krishnamurthy iyer, agent of the bank had perpetrated a fraud and that the transaction was vitiated on the ground of fraud, undue influence, coercion and misrepresentation. both the trial court as well as the high court found it established as a fact that the aforesaid documents were executed by the defendants knowing fully ..... obtained the signature of the defendants on a printed promissory note without the details having been filled up. the documents were got executed by exercise of fraud, undue influence, coercion and misrepresentation. the defendant nos. 2 and 3 filed a separate written statement and took the same stand as taken by the defendant no. 1. the third defendant subsequently .....Tag this Judgment!
Court : Chennai
Decided on : Oct-16-1992
Reported in : (1993)1MLJ535
..... we shall indicate a bit later, before doing so we propose to clear ourselves through the language of section 16 of the indian contract act which particularly deals with the requirement of evidence and the onus in a case in which undue influence is alleged. section 16 of the ..... which protect persons whose disabilities make them dependent upon or subject them to the influence of others even though nothing in the nature of deception or coercion may have occurred, are made applicable to such section of women. in the words of lord summer, which have been quoted with approval by the ..... which protect persons, whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. this is part of the law relating to personal capacity to make binding transfers or settlements of property of any kind.the learned ..... for the reason of the use of the expression, 'onus lies on the defendant to show that there has been no fraud, undue influence or coercion in the transaction,' in the above judgment we decided to give a full length hearing to ail the parties to state the law in full in ..... womenfolk even though law recognised their independent rights, accepted that onus lies upon the defendants to show that there has been no fraud, undue influence or coercion in the transaction. one could easily, since the plaintiff alleged misrepresentation and fraud, ask her to prove the misrepresentation and fraud. but not in a .....Tag this Judgment!