Court : Kerala
Decided on : Nov-28-2002
Reported in : 2003(2)KLT536
..... document. moreover there is no case that any case would be registered against rossa unless she executes the document.11. under section 15 of the indian contract act coercion 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 prejudice of any person whatever, with the intention of causing ..... had committed an offence not to register a case and punish him and to agree for such an arrangement also is an illegality. illustration (h) to section 23 of the indian contract act reads as follows:'a promises b to drop a prosecution which he has instituted against b for robbery, and b promises to restore the value of the things taken. the ..... . the further question is whether ext.a-1 can be enforced between the first plaintiff and defendant and whether there is consideration for the same, section 2(d) of the indian contract act states as follows:'when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises ..... the original agreement must be parties to the subsequent agreement also. section 62 of the indian contract act only states that if the parties to a contract agree to substitute a new contract for it or to rescind or alter it, the original contract need not be performed. illustration (a) to section 62 of the contract act reads as follows:'(a) a owes money to b under a .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-17-2002
Reported in : AIR2002MP263; 2002(4)MPHT108; 2002(3)MPLJ394
..... at the time of the marriage pregnant by some person other than the petitioner; or(iii) the consent of either party in the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872 :provided that in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied--(a) that the petitioner was at ..... wife after the coercion had ceased or, as the case may be, the fraud had been discovered.' 8. the respondent/husband appears to have prayed for the decree of nullity of marriage under section 25(iii) of the 'act'. it has therefore, to be considered as to whether consent of the respondent was obtained by fraud as defined in the indian contract act, 1872 ?9 ..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his ..... . section 17 of the indian contract act defines 'fraud' as below :--'17. 'fraud'.-- 'fraud' means and includes any of the following .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-01-2002
Reported in : AIR2002Cal78
..... being entered into without consent so as to render it void or void ab initio. it is a case of voidable contract at the highest as it was alleged to have entered into under threat or coercion. under section 19 of (the indian) contract act, 1872 the defendant could have avoided it immediately thereafter. i do not find any whisper of avoidance. the defendant rather ..... the formation of partnership by several persons who are bringing assets to the hotchpotch in the partnership is well settled. section 14 of the indian partnership act provides as follows :--'14. the property of the firm.-- subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the ..... partnership firm. so, the said market is the asset and property of the plaintiff. all the partners have signed the said partnership deed and subsequently it was registered under the indian partnership act. 1932. the defendant indeed has admitted to have executed the said partnership deed.9. he submits that after formation of the partnership, a bank account was opened with the ..... to recover the same from the defendant.4. the substance of the defence is that the said partnership was never acted upon, besides the partnership deed is sham document and the deed of retirement was procured in the police station on coercion and threat. moreover, the said property was not lawfully transferred in favour of the partnership. the payment of rupees 12 .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-13-2002
Reported in : (2003)2CALLT514(HC)
..... regarded as findings against the weight of the evidence and as such it is untenable in law.12. mr. das referring to section 16 of the indian contract act has submitted before me that in order to succeed in a case of 'undue influence' one has to prove by cogent and material evidence, the following ..... at by the courts below.23. mr. jana drawing my attention to section 111 of the indian evidence act has also submitted that the provisions of section 111 read with provisions of section 16 of the indian contract act will make it clear that since the transaction entered into by persons between whom there was a ..... has submitted further that in this case neither fraud has been proved in course of evidence by the plaintiff, nor there is any element of coercion in the plaint as also in the evidence and in such circumstances; the findings by both the courts below to the effect that the impugned deed ..... of dominance, if proved to exist, is deemed to continue till its termination is established. when once it has been established that one party to the contract possessed a general influence and dominance over the 'will' of another, it need not be shown how in the particular instance it was used, and ..... gift, allegedly executed by the plaintiff in favour of the defendant no. 1 was the mental and conscious act of the plaintiff and as to whether said deed was obtained by fraud, misrepresentation, coercion and undue influence or not.'3. for the purpose of the present appeal, the case appearing in the plaint .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jul-16-2002
Reported in : (2003)(159)ELT499Tri(Chennai)
..... manufacture/supply of components to suit their specifications for a specific period at a specific price within mutually agreed supply dates, as per indian contract act and sale of goods act. 10.2 depending upon vendors, labour charges are paid, they send raw materials for various components to those who make components to ..... that clients get an idea of what will be supplied to them, which may be easier for their understanding as they were calling themselves as contracting or coordinating body responsible for procuring and supplying a variety of items which a client can ultimately put together for a specific purpose. he ..... workers are the manufacturers, m/s. ion is the manufacturer of goods they would not have insisted on inspection of products. clause 13 of the contract states that m/s. ion has the right to cancel any order in part or in full. 33. in this regard, i find that ..... drawings, specifications, out of raw materials supplied by them as per direction. ion exercise control/inspection/supervision of the fabrication work undertaken and have general rate contract agreement with ion. ' 15. a show cause notice of even no. dated 13-1-1993, was issued to ion, hosur, wherein they have been ..... supply the raw materials and deduct the cost from the bills. ion, also exercise control over quality, supervise and inspect, they also have a general rate contract agreement with ion. 14. in his statement shri k. jayasankar, managing partner of m/s. jas engg. hosur, inter alia, deposed that : 14. .....Tag this Judgment!
Court : Chennai
Decided on : Feb-06-2002
Reported in : (2002)2MLJ185
..... of its execution would clearly show that all these documents wereunconscionable on the face of it and therefore, they would clearly come undersub-clause (3) of section 16 of the indian contract act, 1872 and therespondent has not discharged his burden. (c) the respondent has not issued any reply to the legal notice issuedby the appellant, ex.a.2 dated 26.5 ..... , all along.32. in the light of the unsubstantiated allegations touching on thecharacter of the appellant and the cruelty caused on her, as evidenced by thefalse police complaint and coercion to execute the documents, the appellanthas made out a case for judicial separation. according to the appellant, shewas put to constant threat for her life and she had apprehension ..... police was enquiring about her. all these factscumulatively will definitely go to show that the documents said to have beenexecuted on 28.7.1988 were obtained under those circumstances by coercion and undue influence.23. the attempts of the respondent to justify the execution of thedocuments are conflicting and contradictory. at one stage, the respondentsubmits that all the properties were ..... 7.1988 cannot be disputedand coupled with the artificial, unnatural and questionable recitals found inthose three deeds, the appellant has made out a case that they were broughtabout by coercion and compulsion. the appellant was also right in saying thatthe statutory presumption is raised in this case in favour of the appellant.the suit properties which stood in the name .....Tag this Judgment!
Court : Orissa
Decided on : Jan-07-2002
Reported in : 2002(I)OLR646
..... which he raised in the court below is as follows :'the suit is also hit under the provisions of the indian partnership act, the right to enforce have not arisen from a contract on behalf of the firm which is unregistered.'to understand the plea and to decide the same, a ready reference ..... relevant provision i. e., sub-section (2) of section 69 of the indian partnership act, 1932 (in short 'the act 1932') is beneficial and that reads as hereunder:'(2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against ..... maintainable by the plaintiff without including the co-owner, i.e. his brother and the suit is hit by section 69(2) of the indian partnership act, 1932.8. learned counsel for the plaintiff/respondent repelled the aforesaid contention and defended correctness of the impugned judgment.9. before discussing the aforesaid points ..... quoted provision makes it clear that compliance to the aforesaid provision is mandatory in character when a suit to enforce a right arises from a contract by or on behalf of a partnership firm against any third party that such firm should be a registered one. no doubt the appellant ..... discharge the onus by proving his contention of inflated accounts or obtaining of the pronote by application of force, undue influence or coercion and, therefore, defendant is bound by the contract as incorporated in ext. 3 so as to repay the debt. learned subordinate judge also recorded the finding that non-inclusion .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-17-2002
Reported in : 2002(2)KarLJ350
..... with 15 or above bed capacity.3. the government of karnataka which had issued an order on 19-6-1992 appointing the appellant as director of the institute on contract basis with immediate effect until further orders, modified the same by notification dated 20-6-1.992 deleting the contractual basis mentioned in the earlier order. another notification was ..... and neuro sciences and health and family welfare services, government of karnataka are also ex officio members. the superintendent of victoria hospital is another ex officio member. general secretary to indian red cross society, bangalore, chief traffic manager, ksrt, assistant professor of plastic surgery, the president, surgical society of bangalore and the superintendent of st. marthas hospital, bangalore are ..... respondent on various grounds. the appellant had contended that the institute is not state within the meaning of article 12 being a society registered under the karnataka societies registration act and being an autonomous body, that the petitioner has no locus standi to file a writ petition of this nature that it was not for espousing any public interest, ..... government order no. hfw/73/ptd/92, dated 19/20-6-1992, annexure-a to the writ petition. the institute is a society registered under the karnataka societies registration act, 1960 and the society was known as bangalore accidents rehabilitation and other services. the administration of the society is through the governing council chaired by the hon'ble minister of .....Tag this Judgment!
Court : Chennai
Decided on : Jan-29-2002
Reported in : (2002)IIILLJ160Mad
..... can be made orally. once the offer is accepted, there isa contract. similarly, once the offer of resignation has beenaccepted, then also the termination of service is complete.therefore ..... a situation acceptance can only be in writing to bringthe termination of contract valid. in other words, theargument of the learned counsel for the petitioner is thecontract cannot be brought into existence or terminated exceptin writing. this argument is not accepted because thecontract under the indian contract act can be brought intoexistence orally. offer can be made orally and acceptancealso ..... the petitionerhimself has admitted that on 19.5.89 he gave the resignationletter. he has not stated under what circumstances theresignation letter was given. that letter was givenvoluntarily without coercion by any person. it was given tothe secretary of the society. the secretary of the societyaccepted it relieving him from the duties. he does not knownwhen the endorsement ..... and he has been relieved with effect from19.5.89 itself. then he stated that the management has failedto understand the involuntary nature of resignation. it wasmade under coercion and due to compulsion. further he hasstated that he sent a lawyer's notice on 5.3.90. he alsostated that at the time of joining duty the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-29-2002
Reported in : AIR2003SC24; JT2002(8)SC546; (2003)1SCC305
..... 26 of the report observed:'assuming that the admiralty powers of the highcourts in india are limited to what had been derived fromthe colonial courts of admiralty act, 1890, that act,having equated certain indian high courts to the highcourt of england in regard to admiralty jurisdiction, mustbe considered to have conferred on the former all suchpowers which the latter enjoyed in ..... occurring, whether on land or on water, in directconnection with the operation of the vessel; d. claims against the owner based on tort and not capable of beingbased on contract, in respect of loss of or damage to propertyoccurring, whether on land or on water in direct connectionwith the operation of the vessel; e. claims for salvage, wreck removal ..... maritime tort such as anegligent collision or time tort, such as a negligentcollision or personal injury, but also for salvage services,for general average contributions and for breach ofcertain maritime contracts.' 13. incidentally, be it noted that this concept of maritime lien did comefor judicial scrutiny before the courts often and it is sir john jervis whoprobably for the first ..... the arrest of the vessel can besought for only under the admiralty jurisdiction.nothing was performed with regard to loading of cargoin the ship. the plaintiff states that since the contract forexport of goods was dropped, the vessel must be arrested.since no shipment of the cargo has taken place, theadmiralty jurisdiction of this court cannot be invoked.the fixture .....Tag this Judgment!