Court : Andhra Pradesh
Decided on : Aug-18-1998
Reported in : 1998(5)ALD306; 1998(5)ALT213
..... kolleri, the partner of the partnership firm and, therefore, the full and final satisfaction deed is void? 16. under section 14 of the indian contract act, a consent is said to be free when it is not caused by coercion as defined in section 15, or undue influence as definedin section 16, or fraud as defined under section 17, or misrepresentation as defined under ..... to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. section 15 of the contract act defines coercion. it says that coercion the committing of any act or threatening to commit any act forbidden by the indian penal code or unlawfully detaining or threatening to detain any property to the prejudice of any person ..... whatever with the intention of causing any person to enter into an agreement. to attract the provisions of section 16 of the contract act, it must ..... a person is coerced into doing that which he or she does not desire to do, it is undue influence. coercion, therefore, should not be understood in the sence in which the term is used in section 15 of the contract act. if a person has influence over another and by that influence induces the will of the other to his subjection, then .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-13-1998
Reported in : AIR1999MP70; 1999(1)MPLJ37
..... -deeds were void and inoperative as they were obtained by fraud and misrepresentation. section 19 of the indian contract act shows : 'when consent to an agreement is caused by coercion fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.' thus under this section, if ..... judge of this court cannot help the learned counsel for the contesting respondent. i may, however, clarify the position in another way that i a contract or other transaction induced or tainted i by fraud is not void, but only voidable at theoption of the party defrauded. until it is avoided, ..... that it was a mukhtarnama. thus, to my mind, it has to be taken that according to the averments made in the plaint, the contract, i.e. sale-deeds in question are voidable documents and can be ignored only on the option of the party on whom fraud was practised ..... in the matter which they may enforce against the party defrauded. it is also useful to mention the provision of section 47 of the registration act, 1908 under which a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had ..... the consent to an agreement is obtained by coercion or by practising fraud or misrepresentation, the documents can .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-1998
Reported in : AIR1998SC1005; 1998(2)CTC48; JT1998(1)SC673; (1998)IIMLJ11(SC); 1998(1)SCALE595; (1998)5SCC362; 1SCR859
..... case of partition during the relevant period and the high court had overlooked the provisions of section 21a of the act. this court set aside the judgment of the high court and remanded the matter to the land tribunal. that ruling has no relevance in the present case.11 ..... of the same shows that ex facie it is inconsistent and the reasoning is in violation of the language of expiation ii of section 3 (14) of the act.10. our attention has been drawn to a judgment of this court in susila devi ammal and others v. state of madras : air1992sc495 . that was a ..... civil appeal no 4419 of 1989 dated 27.10.1993. it is that order which is challenged in this petition.4. section 5 (i) of the act provides that the ceiling in the case of every person and the ceiling area in the case of every family consisting of not more than five members ..... an extent of 17.615 standard acres to his grand daughter sumathi through his son govindaswami under three documents. when the authorities under the act initiated proceedings to calculate the ceiling area of govindaswami's family, they included the lands gifted to sumathi by her grand father. an order was passed by ..... 3 (31) defines the 'notified date' as the date specified by the government in a notification which shall be a date after the publication of the act. the relevant notified date in this case is 2.10.1970. between 15.2.1970 and 2.10.1970 swami goundar had executed deeds of settlement gifting .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-02-1998
Reported in : AIR1998Raj103; 1998(1)WLN118
..... thus, ceases to be enforceable by law, as defined under section 2(g) of the indian contract act, 1872 and such, transactions are dealt with under the provisions of sections 20, 23, 26, 27. 28 and 29 of the contract act. a transaction or document may be voidable but it remains enforceable at law at the option ..... of one or more party thereto, but not at the option of any other stranger. it may include where an agreement is arrived at by coercion, undue influence, by playing fraud or ..... misrepresentation and in such a case it is for the party seeking to avoid it to set up the defence and if it is not done, the agreement would be a binding contract, a document may be unenforceable for procedural ..... facilitating the carrying out of the object of other agreement, which, though void, is not in itself prohibited within the meaning of section 23 of the contract act, it may be enforced as a collateral agreement. if, on the other hand, it is part of a mechanism meant to defeat what the law has ..... upon the agreement because it will be tainted with an illegality of the object sought to be achieved which is hit by section 23 of the contract act. it is well established that the object of an agreement cannot be said to be forbidden or unlawful merely because the agreement results in what is .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Indore
Decided on : Sep-11-1998
Reported in : (1999)69ITD224Indore
..... will resort to the old place. in state of rajasthan v. bundi electric supply co. ltd. air 1970 raj. 36, it was held that the indian contract act doos not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage that has been ..... of any other person without the consent in writing of the corporation. since the dealership of kerosene could not be sold without the prior consent of indian oil corporation, the assessee has sold the beneficial interest in the dealership in favour of shri sureshkumar against a consideration of rs. 4 lacs. this ..... rs. 4 lacs and since the cost of dealership to the assessee was zero, no income from capital gains on the sale of dealership of indian oil corporation was shown in the return of income.the assessing officer has not accepted the contention of the assessee and treated it to be the ..... the authorities below and the documents placed on record.3. the facts relating to the issue are that the assessee was having a dealership of kerosene of indian oil corporation in bhanpura, garoth and mandsaur districts in the name of m/s. ramnarayan ramdayal (r. r.agrawal). after the partition of the h. ..... that he has erred in holding that chargeability of tax is not attracted to the transfer by the assessee of his dealership of kerosene of the indian oil corporation whereas according to provisions of section 28(ii)(c), the entire sum of rs. 4 lacs was taxable in the hands of the assessee .....Tag this Judgment!
Court : Delhi
Decided on : Nov-11-1998
Reported in : 1999(50)DRJ530
..... the state to establish the said fact. their lordships placed reliance on section 72 of the contract act which reads as follows:'a person to whom money has been paid, or anything delivered by mistake, or under coercion, must repay or return it'.20. their lordships of the supreme court in a constitution ..... larholt (1948) 1 kb 339. on the basis of these judgments, the court arrived at the conclusion that section 70 and 72 of the contract act are designed to prevent 'unjust enrichment'. they are in fact equitable rule of restitution. the ratio which has been laid down in this case that ..... in favor of the plaintiff and against the defendants.22. in the aforesaid andhra pradesh judgment(supra), the court held that section 72 of the contract act incorporates the rule of equity. it is said to be a legislative expression of the principle of equitable restitution. this section and section 70 can ..... . kanhaiya lal makund lal saraf : 1scr1350 . the proposition of law which has been laid down was that mistake in section 72 of the contract act. comprises both mistake of law and fact. the payment made under the mistake of law is repayable. in this case the court relied on earlier judgments, ..... under a mistake can be claimed back under the said provision.21. in shiba prasad singh vs srishchandra naudi resolved the conflict of opinion among the indian high courts on this question. in this judgment, it was observed by their lordships that unlike english, american and australian law, money paid under .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-02-1998
Reported in : AIR1998SC1400; 1998(2)ALLMR(SC)528; 1998(2)ARBLR1(SC); 1998(2)BLJR819; 1998(1)CTC443; JT1998(2)SC149; (1998)IIIMLJ54(SC); (1998)120PLR802; RLW1998(2)SC183; 1998(2)SCALE58;
..... sold was concerned. as luck would have it, none of them was sure whether it was 48 canals 11 marlas, or 48 bighas 11 biswas. therefore, the contract became void under section 22 of the contract act. besides this where the description, area & ors particulars of the property are not absolutely definite, precise, certain and exact, no decree for specific performance of sale ..... persons are said to consent when they agree upon the same thing in the same sense.''14. consent is said to be free when it is not caused by-(1) coercion, as defined in section 15,(2) or undue influence, as defined in section 16, or(3) fraud, as defined in section 17, or(4) misrepresentation, as defined in section 18 ..... provisions of sections 20, 21 and 22.15. consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.'16. section 15, 16, 17 and 18 define 'coercion', 'undue influence', 'fraud' and 'misrepresentation'.17. section 19 provides that when consent to an agreement is caused by ..... coercion, fraud or misrepresentation, such agreement is voidable at the option of the party whose consent was so caused. so also is the agreement to which consent of a party .....Tag this Judgment!
Court : Kerala
Decided on : Jan-08-1998
Reported in : 92CompCas739(Ker)
..... are unable to accept the contention raised in ground 9 of the memorandum of appeal as to the applicability of illustration (c) to section 127 of the contract act.15. it was held in ram narain v. lt. col. hari singh, air 1964 raj 76that (headnote) :'guarantee is, in the nature of a ..... to answer for the debt, default or miscarriage of another as distinguished from an original and direct engagement for the parties' own act. for the validity of a contract of guarantee it is adequate consideration if anything is done or any promise made for the benefit of the principal debtor. the creditor ..... debt due from the first defendant to the plaintiff ? 7. is the alleged guarantee letter by the second defendant obtained by the plaintiff under duress, coercion and fraud as alleged by the second defendant ? 8. is the said guarantee letter binding on the second defendant ? 9. has the second defendant ..... dues. it is equally unimaginable that the second defendant, who had independent business and was under no obligation to the plaintiff, would have succumbed to coercion and duress to execute exhibit a-2 for his brother, who had no common business interest to promote or protect. in our view, exhibit a ..... whether the suit is not maintainable as the cause of action for the suit has arisen in a foreign country, where the provisions of the civil procedure code--an indian statute--are not applicable ? 2. whether this court has got jurisdiction to entertain this suit ? 3. is the plaintiff entitled to file this suit .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-08-1998
Reported in : 1999(2)BomCR237; 1999(1)MhLj749
..... agreement is thus clearly established. that is another factor which supports the appellant's case.'it was held that the arbitration agreement was therefore invalid under section 23 of the contract act as being opposed to public policy. he has relied upon : air1967ker51 narayana pillai parameswaran pillai and others v. kudamaloor regional service co-operative society ltd. and others, and upon : ..... them and panchnama was made. therefore, they entered into such an agreement. however, admittedly, no process was issued in the said complaint and the plea of undue influence, fraud or coercion was vague and baseless. the appellate court has appreciated the evidence in this respect and rightly rejected this contention. there is no merit in the cross objections.5. the learned ..... no details of the said allegations of undue influence, coercion and fraud are given in the written statement is right. it was a general and vague plea devoid of particulars of each. the whole attempt was to show that a ..... the learned counsel for the respondents attempted to impeach the said agreement dated 11th may, 1975 also on the ground that it was brought into existence because of undue influence, coercion and fraud committed by the appellants by filing cross objections. he has taken me through the written statement. however, i find that the finding recorded by the appellate court that .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-03-1998
Reported in : 1998(5)KarLJ348
..... . in mahabir kishore's case, supra, the supreme court held that a tax paid under mistake of law was refundable under section 72 of the contract act and in salonah's case, the court observed that normally in a case where tax or money is realised without the authority of law, the same ..... the petitioner that when he paid the amount, he was under any mistake of fact or law or that the amount paid was the result of coercion. the only plea raised is that on a proper interpretation of the provisions of law, the respondent-corporation was not justified in demanding the amount ..... , particularly, when such benefits are pecuniary in nature. section 72 obliges a person to refund what has been received by him by mistake or under coercion. every sum paid under a mistake is not recoverable unless the circumstances of the case so warrant. there may be circumstances which disentitle a person to ..... be recovered under the general law, keeping in view the provisions of the limitation act. section 72 of thecontract act casts a duty upon a person to repay that money which is paid to him by mistake or under coercion. it is a settled rule of equity that any person bound in a fiduciary ..... 141 of the constitution of india. action of the respondent is also termed to be against the provisions of section 66 of the karnataka municipal corporations act. it is further submitted that the assistant revenue officer had no jurisdiction to issue notices or special notices for determining the rateable value of the building .....Tag this Judgment!