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Judgment Search Results Home > Cases Phrase: coercion indian contract act Year: 2009 Page 1 of about 47 results (0.052 seconds)

Jan 19 2009 (HC)

Steel Authority of India Ltd. Vs. State of Orissa and anr.

Court : Orissa

Decided on : Jan-19-2009

Reported in : AIR2009Ori124; 107(2009)CLT430

..... with state under annexure-1 to the writ petition, no details of such alleged compelling circumstances nor coercion has been stated in the writ petition. in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is 'voidable' at the option of the applicant. accordingly, in the event the petitioner-sail (rmd) ..... it is further contended that since the use of water in mining operation was also covered by another central act namely, water (prevention & control of pollution cess) act, 1977 as well the petitioner claimed to have an indefeasible riparian legal right under indian easement act, 1882. it is also submitted that river karo from which water has been drawn by the petitioner company for ..... the petitioner to execute the agreement under the provisions of orissa irrigation, 1959 on 17.11.1991 (annexure-1) and to pay the illegal water charges even though the aforesaid act was not applicable for use of water from non-irrigation works like natural stream and river and subsequently, when opposite party no. 2 demanded larger amount by applying the new ..... its use is an inter-state river and the said river was covered by river board act, 1956 and the state was denuded of its legislative power.9. .....

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Jul 17 2009 (HC)

Sind Coop. Hsg. Society, a Cooperative Society Under Maharashtra Coope ...

Court : Mumbai

Decided on : Jul-17-2009

Reported in : 2009(111)BomLR3416; (2009)226CTR(Bom)145; [2009]317ITR47(Bom); [2009]182TAXMAN346(Bom)

..... sanctioned by the state government in special cases.10. in passing, section 72 of the indian contract act may be referred to : liability of a 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 ..... if it is the case that the amounts more than permissible under the notification had been received under pressure or coercion or contrary to government directions, then considering section 72 of the contract act, that amount will have to be refunded. at any rate if the society retains the amount in excess of ..... receives deposits from its shareholders and that by itself does not make its income any the less income from business within section 10 of the indian income tax act. 12. in c.i.t. v. royal western india turf club limited : [1953]24itr551(sc) the assessee was a company carrying on ..... mutuality would be attracted in respect of the transfer fee received by the housing cooperative societies governed by the provisions of the m.c.s. act and rules. in walkeshwar cooperative housing society (supra), the tribunal itself has held that the amount received from the transferor member would not be ..... to exercise the rights of membership on receipt of the letter in the prescribed form from the society, subject to the provisions of the mcs act, 1960 and rules made thereunder.these bylaw therefore permit the charging of transfer fee in terms of the notification issued by the government of maharashtra. .....

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Jul 27 2009 (SC)

State of Maharashtra and ors. Vs. Swanstone Multiplex Cinema (P) Ltd.

Court : Supreme Court of India

Decided on : Jul-27-2009

Reported in : AIR2009SC2750; 2010(1)BomCR463; JT2009(10)SC157; 2009(10)SCALE148; (2009)8SCC235; (2009)24VST552(SC); 2009AIRSCW5189

..... sixth year.11. section 72 of the indian contract act, 1872 reads as under:72 - liability of person to whom money is paid or thing delivered by mistake or under coerciona person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.12. article ..... is wholly unsustainable.(iii) any amount of tax illegally realized by the assessee from the cinema-goers would be hit by section 72 of the indian contract act and, thus, the state would have right to recover the same in exercise of its power conferred on it under article 296 of the constitution ..... the doctrine of unjust enrichment can be invoked irrespective of any statutory provisions.27. in mafatlal industries ltd. (supra), section 72 of the contract act providing for restitution may be taken recourse to. doctrine of 'unjust enrichment' was resorted to, observing:(iii) a claim for refund, whether made under ..... to pay only 25% of the duties.(iii) the admission charges collected by the respondent being a matter of contract by and between it and the cinema-goers and the act having not provided for any forfeiture clause, the question of the respondent's being unjustly enriched does not arise, ..... case, this court in exercise of its jurisdiction under article 142 of the constitution of india may also issue other directions, as has been done in indian banks' association, bombay and ors. v. devkala consultancy service and ors. : [2004]267itr179(sc) in a similar situation where it was difficult for .....

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Nov 18 2009 (HC)

Munmun Ghosh Vs. Tarun Kumar Malik

Court : Kolkata

Decided on : Nov-18-2009

..... the marriage pregnant by some person other than the petitioner; or(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872 (9 of 1872).provided that, in the case specified in clause (ii), the court shall not grant a decree unless it ..... with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.14. in the case before us, although the appellant alleged that consent ..... the case specified in clause (iii), the court shall not grant a decree if,-(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or(b) the petitioner has with his or her free consent lived ..... based on any probable evidence on record. no reasonable person within the meaning of the definition of 'proved' appearing in section 3 of the evidence act would consider the evidence adduced on behalf of the husband as the sufficient evidence of consummation of marriage.19. we, therefore, hold that in this ..... and decree impugned herein has dismissed the application on the ground that the appellant failed to prove the ingredients of section 25 of the special marriage act.10. mr. chakraborty, the learned advocate appearing on behalf of the appellant, has strenuously contended before us that the learned trial judge totally overlooked .....

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Nov 23 2009 (HC)

Maruti Suzuki India Limited Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Nov-23-2009

Reported in : (2010)157PLR198

..... which are set out in section 19 of the contract act, as when the consent to an agreement is caused by coercion, fraud or misrepresentation. coercion is defined under section 15 as resulting from threat to commit an act forbidden by the indian penal code or the unlawful detaining or threatening to ..... . all this is not stated that there is already a proof of such coercion. the matter has to be examined in the context of whether sufficient allegations of coercion or undue influence are made. i have extracted the entire ..... voidable. the workman contends that voluntary retirement scheme to which he was forced to participate was the result of practice of coercion which if established would make the contract voidable. to make the scales even, the labour court will undertake the adjudication on the reference, if only the ..... detain any property to the prejudice of the person whatever the interest or cause any person to enter into an agreement. the free consent of a person could be sullied by several situations, as set out under sections 15 to 18, 20 to 22 of the contract act ..... under various circumstances to receive compensation under voluntary retirement scheme when he was not willing to do so. the details of the so called coercion exercised by the management was revealed in his claim statement as follows:1. that i had been working with the maruti udyog limited .....

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May 12 2009 (HC)

Suresh Vs. Smt. Mariyan and ors.

Court : Punjab and Haryana

Decided on : May-12-2009

Reported in : AIR2009P& H182; (2009)155PLR517

..... to rule 3. the explanation to rule 3 deals with agreements or compromise which are not to be deemed to be lawful if they are void or voidable under the indian contract act, 1872 but the agreement or compromises which are not lawful as referred to in rule 3a are more general in term and are not engrafted by the limitations as inserted ..... exercise of its inherent jurisdiction also relieve the party alleging fraud, coercion or undue influence of the agreement. question no. 1 is answered accordingly.12. in view of the above law laid down by a division bench of this court, which is ..... two person in regard to certain matters, viz. when the consent of one of them to the terms is obtained by the other by some illegal means, namely, by fraud, coercion or undue influence, there is in fact no compromise. rule 3a does not bar the maintainability of the suit challenging the compromise on these grounds. however, the court can in ..... discarded by the courts below by observing that since a hindu woman becomes absolute owner of the property possessed by her by virtue of section 14 of the hindu succession act, 1956, therefore, no person can have preexisting right therein and once the defendants had no pre-existing right in the property held by the plaintiff, there was ho question of .....

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Apr 27 2009 (HC)

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court : Guwahati

Decided on : Apr-27-2009

..... following manner:23.it is clear from the above observations of this court, once the state or an instrumentality of the state is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of article 14 of the constitution of india. therefore, if by the impugned repudiation of the claim of ..... 14 of the judgment it was made clear that the departure made by the apex court to interpret the terms of contract was on the ground that there was no arbitration clause in the contract in question. harbanslal sahnia and anr. v. indian oil corporation ltd. and ors. (supra) is certainly not an authority for the proposition that an arbitration clause ought to ..... .1.2007 and 20.7.2007. on receipt of the said amounts sale orders were issued in favour of the appellant/writ petitioner by the chief materials manager of the indian oil corporation ltd. (assam oil division). the appellant/writ petitioner thereafter started lifting the scrap material in question. however, in the first week of august 2007 the respondent corporation obstructed ..... by this common order.2.the facts in brief may be noticed at the outset.the metal and scrap trading corporation ltd. (mstc), as the selling agent of the respondent indian oil corporation limited (assam oil division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as annexure-1 to a tender notice, the closing .....

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Apr 27 2009 (HC)

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court : Guwahati

Decided on : Apr-27-2009

..... following manner:23.it is clear from the above observations of this court, once the state or an instrumentality of the state is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of article 14 of the constitution of india. therefore, if by the impugned repudiation of the claim of ..... 14 of the judgment it was made clear that the departure made by the apex court to interpret the terms of contract was on the ground that there was no arbitration clause in the contract in question. harbanslal sahnia and anr. v. indian oil corporation ltd. and ors. (supra) is certainly not an authority for the proposition that an arbitration clause ought to ..... .1.2007 and 20.7.2007. on receipt of the said amounts sale orders were issued in favour of the appellant/writ petitioner by the chief materials manager of the indian oil corporation ltd. (assam oil division). the appellant/writ petitioner thereafter started lifting the scrap material in question. however, in the first week of august 2007 the respondent corporation obstructed ..... by this common order.2.the facts in brief may be noticed at the outset.the metal and scrap trading corporation ltd. (mstc), as the selling agent of the respondent indian oil corporation limited (assam oil division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as annexure-1 to a tender notice, the closing .....

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Jul 06 2009 (HC)

Krebs Biochemicals and Industries Ltd. Vs. Nannapaneni Venkat Rao, Co- ...

Court : Andhra Pradesh

Decided on : Jul-06-2009

Reported in : AIR2009AP216; 2009(5)ALT98

..... who got benefit of it. this common law principle is adumbrated in section 65 of the indian contract act, 1872, which reads as under.65. obligation of person who has received advantage under void agreement, or contract that becomes void: when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or ..... is however clear is when a respondent contends that the dispute is not arbitrable on account of discharge of the contract under a settlement agreement or discharge voucher or no-claim certificate, and the claimant contends that it was obtained by fraud, coercion or undue influence, the issue will have to be decided either by the chief justice/his designate in the ..... under section 11 of the act or by the arbitral tribunal as directed by the order under section 11 of the act. therefore, the question of validity or findings of a contract or arbitration clause cannot be decided ..... also held that when an objection is raised that the dispute is not arbitrable on account of discharge of the contract under a settlement agreement or discharge voucher or no-claim certificate, and the claimant contends that it was obtained by fraud, coercion and under influence, the issue will have to be decided by the chief justice/his designate in the proceedings .....

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Feb 10 2009 (HC)

M. Raja Appar and Ors. Vs. M. Gnanasambandam (deceased by L.R's.)

Court : Chennai

Decided on : Feb-10-2009

Reported in : AIR2009Mad159; (2009)5MLJ210

..... light of so many uncertainties inherent in the memorandum of understanding. this has to be done both with reference to the provisions of the specific relief act, 1963 and with reference to section 29 of the indian contract act, 1872.16. mr. v.t. gopalan, learned senior counsel appearing for the respondents/plaintiffs contended that a family arrangement is always enforceable in law and ..... 25. but such a contention was repelled by the supreme court on the ground that it was a family settlement or family arrangement and that therefore section 25 of the contract act would not hit it.19. the next decision relied upon by the learned senior counsel is the one in vigneswara co-operative housing society ltd v. k. balachandramouli 2005 (13 ..... the supreme court held that such settlements cannot be upset. this is on the fundamental principle that a third party cannot assail a contract between two persons as hit by section 25 of the contract act and on the principle that natural love and affection could be a valid consideration for a family arrangement between the members of a family.26. in singhania ..... of an agreement enforceable by law. the basic requirements of consensus ad idem, the absence of fraud, misrepresentation, undue influence or coercion etc., are not to be dispensed with, even in a family arrangement. in cheshire and fifoot's 'law of contract' by m.p. furmston, (10th edition), the learned author says (page 271) as follows:equity, though always anxious to sustain .....

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