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Judgment Search Results Home > Cases Phrase: coercion indian contract act Year: 2012 Page 1 of about 69 results (0.096 seconds)

May 09 2012 (HC)

Asha Soni Vs. the New India Assurance Co. Ltd.

Court : Delhi

Decided on : May-09-2012

..... , who coerced the appellant, has not been pleaded in the plaint. what was the act constituting coercion has not been pleaded. suffice would it be to state that as per section 15 of the indian contract act, 1872 coercion would be committing or threatening to commit an act forbidden by the indian penal act or the unlawful detaining or threatening to detain any property to the prejudice of any ..... person whatever with the intention of causing the person to enter into an agreement. there are just not material particulars pleaded in the plaint wherefrom coercion can be inferred ..... fire, a year prior. 24. the issue of the claim as passed being restricted to the goods only inside the factory premises was sought to be urged as a wrong act. unfortunately, neither party has produced the policy issued and the only document we have before us is the cover note which admittedly limits the liability of the insurance company to .....

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Aug 21 2012 (HC)

Dharmender Singh Goyat Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Aug-21-2012

..... the former in respect of or to restore the thing so done or delivered. section 72 of the indian contract act, 1872 provides that a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. in question no.56, question of repayment or return does not arise ..... that correct answer to question no.38 is option 'a'. it is urged by learned counsel that question no.56 is based on section 72 of the indian contract act, 1872 and, therefore, correct answer is option 'a' on the other hand, learned senior counsel for respondent no.2 has submitted that model answers to ..... therefore, section 72 of the india contract act, 1872 has no application in the context of question no.56. therefore, the answer which ..... , the correct answer to question no.22 is option d . which is also provided in model answer. question no.38 is based on section 164 of the indian evidence act, 1872. section 164 reads as under: 16. using as evidence, of document, production of which was refused on notice when a party refuses to produce a ..... and offences under local or special law. q.35 it is correct to state that within the meaning of section 3 of the indian evidence act ?. : (a) a caricature is not a document. (b) an inscription on a stone is a document. (c) an inscription on a metal plate is not .....

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Oct 03 2012 (HC)

M/S.Ganesh Cotton Traders., Rep. by Its Proprietor Vs. the General Man ...

Court : Andhra Pradesh

Decided on : Oct-03-2012

..... 03.04.2012, it is a mistaken transfer, which falls within the scope of section 72 of the indian contract act, as per which, a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. as the bank has paid to the petitioner by mistake, contrary to ..... his account, the account is freezed to realise the amount, which was mistakenly transferred to his account. in view of the provision under section 72 of the indian contract act, this court is of the view that as the 3rd respondent-bank has committed an inadvertent mistake, it has rightly issued the letter dated 23.04.2012 ..... (p) ltd., the account of the petitioner was freezed. the learned counsel, in support of his contention, relies on the provision under section 72 of the indian contract act, 1872. in this case, it is not in dispute that a cheque for an amount of rs.24,15,365/- was issued by m/s.lakshmi ganesh ..... air 1987 karnataka 236), would support the case of 3rd respondent. in the aforesaid judgment, while interpreting the scope of section 72 of the indian contract act, 1872, it is held that when there is a mistaken credit in the account of a person by the bank, such person is bound ..... the hon'ble supreme court in the case of rangappa(1 supra), the issue involved in the said case relates to section 138 of the negotiable instruments act, 1881, therefore, the ratio laid down in the said judgment would not render any assistance in support of the case of the petitioner. on the other .....

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Oct 03 2012 (HC)

M/S.Ganesh Cotton Traders, Guntur, Rep. Vs. the General Manager, Uco B ...

Court : Andhra Pradesh

Decided on : Oct-03-2012

..... 3rd respondent on 03.04.2012, it is a mistaken transfer, which falls within the scope of section 72 of the indian contract act, as per which, a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. as the bank has paid to the petitioner by mistake, contrary to the stop-payment letter ..... the petitioner operates his account, the account is freezed to realise the amount, which was mistakenly transferred to his account. in view of the provision under section 72 of the indian contract act, this court is of the view that as the 3rd respondent-bank has committed an inadvertent mistake, it has rightly issued the letter dated 23.04.2012, to the 2nd ..... /s.lakshmi ganesh textiles (p) ltd., the account of the petitioner was freezed. the learned counsel, in support of his contention, relies on the provision under section 72 of the indian contract act, 1872. in this case, it is not in dispute that a cheque for an amount of rs.24,15,365/- was issued by m/s.lakshmi ganesh textiles (p) ltd ..... relied on by the learned counsel appearing for the 3rd respondent-bank in the case of s.kotrabasappa v. the indian bank2, would support the case of 3rd respondent. in the aforesaid judgment, while interpreting the scope of section 72 of the indian contract act, 1872, it is held that when there is a mistaken credit in the account of a person by the .....

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Oct 19 2012 (TRI)

Sudhakar Kasireddy and Another Vs. M/S. Maytas Properties Ltd. Rep. by ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-19-2012

..... of natural justice and equity to refund the money. (emphasis supplied) section 72 of the indian contract act runs as follows : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. there must be some undue pecuniary inequality existing in the ..... not in accordance with the guidelines of rbi is not tenable as the respondent is solely responsible for suppressing the fact while entering into the contract. ? 41) this commission can take judicial cognizance of the fact that various banks have financed the builder obviously in view of reputation the ..... 1973) and every proceeding before the bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and for the purpose of section 196 of that code.(5) without prejudice to the provisions of sub-sections (4-c) and ..... approached the state commission which dismissed the appeal filed and whereupon the depositor approached district forum under section 27(1) of the consumer protection act, 1986 by filing penalty petition. the second category of cases are those where the depositor filed a penalty petition before the district forum for ..... mentioned reliefs. 3) the developer filed counter resisting the claim. it admitted that it is a limited company incorporated under the provisions of companies act inter-alia engaged in the business of construction. it alleged that it started a venture, under the name and style ??maytas hill county. they .....

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Nov 02 2012 (HC)

Honey Sharma Vs. State Govt. of Nct of Delhi

Court : Delhi

Decided on : Nov-02-2012

..... word "violence" has been used only in section 146 and 153-a of the indian penal code. the word intimidation alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to criminal intimidation. the word coercion finds place only in the contract act. if the words unlawful means are to be widely construed as including any or other ..... unlawful means, having regard to the provisions contained in sections 400, 401 and 413 ipc relating to commission of offences of cheating or criminal breach of trust, the ..... provisions of the said act can be applied, which prima facie, does not appear to ..... in fir no. 71/2009 registered with police station special cell under section 3 of the maharashtra control of organized crime act, 1999 (for short 'mcoca') as well as sections 420/468/471/120b ipc and section 12 of the passports act, 1967.2. mr. majeed memon, learned senior counsel for petitioner stated that though the petitioner was initially named in eleven cases .....

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May 21 2012 (HC)

Dr. Mahipal Singh Vs. Cbi and Another

Court : Delhi

Decided on : May-21-2012

..... violence has been used in section 146 and 153 of the ipc. the word intimidation has not been used in ipc and under section 506 ipc the act that is punishable is criminal intimidation. the word coercion finds place in the contract act only. thus, it would be seen that the words violence, intimidation and coercion do not belong to the same specific genus, and thus the words ..... that the word 'violence' has been used only in section 146 and 153a of the indian penal code. the word 'intimidation' alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to 'criminal intimidation'. the word 'coercion' finds place only in the contract act. if the words 'unlawful means' is to be widely construed as including any or ..... other unlawful means, having regard to the provisions contained in sections 400, 401 and 413 of the ipc relating to commission of offences of cheating or criminal breach of trust ..... , the provisions of the said act can be applied, which prima facie, does .....

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Mar 26 2012 (HC)

Shiv Murat Dwivedi @ Shiva Vs. State

Court : Delhi

Decided on : Mar-26-2012

..... word 'violence' has been used only in sections 146 and 153-a of the indian penal code. the word 'intimidation' alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to 'criminal intimidation'. the word 'coercion' finds place only in the contract act. if the words 'unlawful means' is to be widely construed as including any or ..... other unlawful means, having regard to the provisions contained in sections 400, 401, 413 of the ipc relating to commission of offences or cheating or criminal breach of trust, ..... iii) intimidation or (iv) coercion. we may, however, notice that the word 'violence' has been used only in sections 146 and 153a of the indian penal code. the word 'intimidation' alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to 'criminal intimidation'. the word 'coersion' finds place only in the contract act. if the words 'unlawful ..... means' is to be widely construed as including any or other unlawful means, having regard to the provisions contained in sections 400, 401 and 413 of the ipc relating to commission of offences or cheating or criminal breach of trust, the provisions .....

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Apr 23 2012 (HC)

State Govt of Nct of Delhi Vs. Khalil Ahmed

Court : Delhi

Decided on : Apr-23-2012

..... that the word 'violence' has been used only in section 146 and 153a of the indian penal code. the word 'intimidation' alone has not been used therein but only section 506 occurring in chapter xxii thereof refers to 'criminal intimidation'. the word 'coercion' finds place only in the contract act. if the words 'unlawful means' is to be widely construed as including any or ..... other unlawful means, having regard to the provisions contained in sections 400, 401 and 413 of the ipc relating to commission of offences of cheating or criminal breach of trust ..... , the provisions of the said act can be applied, which prima facie, does not ..... . after successfully commissioning the crime, they fled away. offences punishable under sections 302, 307, 143, 147, 148, 149, 120-b and 109 of the indian penal code (for short, "the ipc") and section 3(25) of the arms act were registered vide c.r. no.562 of 2006 at kothrud police station, pune on the complaint lodged by mr. prakash dagdu karpe against .....

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Oct 05 2012 (HC)

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Decided on : Oct-05-2012

..... ad-idem as regards commencement of the ipla and its duration. the ipla is therefore vague, ambiguous and uncertain, and is therefore, void under section 29 of the indian contract act. the learned senior counsel would place reliance on the judgment of a division bench of the karnataka high court reported in air 1966 mysore 118 in the matter of coffee ..... court in the case of branch manager, magma leasing and finance ltd, by holding that the new contract entered into was a novation under section 62 of the indian contract act and thus no reliance can be placed on the arbitration agreement contained in such a superseded contract. in the case of u.p. rajkiya nirman nigam ltd., (supra) the facts were that ..... the unenforceability of the arbitration agreement all revolve around the alleged uncertainty and ambiguity in the underlying or the matrix contract. it was contended that since the ipla is vague, ambiguous and uncertain, the same is void under section 29 of the indian contract act, 1872. consequently the arbitration agreement as contained in clause 18 of ipla, is also void. the contention ..... is only in cases where the underlying contract is vitiated by fraud, coercion or misrepresentation that the same would impact the arbitration agreement. 23 the principles of severability and separability of the arbitration agreement is common both under the english arbitration act, 1996 and the indian arbitration act 1996, as evidenced by the following judgments of the apex court and the house of .....

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