Court : Delhi
Decided on : Mar-29-1978
Reported in : ILR1978Delhi203
..... principle. (8) the case of fraud pleaded by the unicel has to be decided under sections 17 and 19 of the indian contract act, 1872. under section 17 an act or omission including silence when there is a duty to speak has to be proved on the part of the state trading corporation the ..... must be (a) absolute and unqualified, and (b) expressed in some usual and reasonable manner, according to section 7 of the contract act. the acceptance which puts forward terms not contained in the offer amounts to a counter-offer. (10) further, the counter-offer concluded as follows :-'our ..... to the application under section 20. the expression 'validity of the contract' used in section 33 would include every contention which would go to the validity of the contract and which would make the contract invalid if proved. under the scheme of the contract act, the invalidity is of two kinds. either an' agreement is ..... validity of the agreement between the parties including the arbitration clause on the ground that the contract was voidable under section 19 of the contract act having been caused by fraud within the meaning of section 17 of the act. this plea had to be decided by the court and could not be decided by ..... thereforee, referred the case to arbitration. with intent to deceive the unicel or to induce the unicel to enter into a contract with the state trading corporation. no such act or omission could be ascribed to the state trading corporation because it was under no duty to speak to the unicel about .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-27-1978
Reported in : AIR1978Bom322; 1978MhLJ528
..... down. the second argument of mr. najbile was that, in any event, he was entitled to the benefit of section 65 of the indian contract act, 1872.5. the first submission made on behalf of the petitioner is without any merit. it is true that the definition of the word 'loan' in the ..... laws permit the disposal or dealing with a particular property in kind, the bombay money-lenders act will control a loan of such property or article but not otherwise.6. as regards section 65 of the indian contract act, 1872, the contention was that the transaction has been discovered to be void. that neither of the ..... pradesh high court in budhulal v. deccan banking co. ltd. air 1955 hyd 69. in that judgment, the above observations of pollock and mulla's indian contract act were not approved and the full bench observed (at p. 75):'a person who, however, gives money for an unlawful purpose knowing it to be so, ..... that section 65 would not be attracted to a transaction where the agreement is in violation of a statutory provision. in pollock and mulla's indian contract act at page 463 the observations are:--'on the one hand it has been said that the words 'agreement discovered to be void' apply to all agreements ..... the foodgrain and would come within the purview of clause 10 of the order.8. that leaves only a question of application of section 65 of the indian contract act. similar question had arisen before this court in rupam pictures v. ramchandra (civil revn. appln. no. 98 of 1974, decided on 20-2-1975). .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-06-1978
Reported in : AIR1978Cal235,82CWN617
..... on alleged fraud it is not necessary for the defendant to file a suit for avoidance of the contract as would otherwise be necessary. 12. section 19 of the indian contract act, 1872 provides that a contract is voidable at the option of the party when his consent to an agreement is not free but is caused by ..... the defendant was not a free agent in writing the letter of agreement was comprehensive enough to cover case of fraud as the basis of the contract according to the defendant. as the unrebutted evidence establishes, the plaintiff assured that the impugned letter would never be utilised to the detriment of the ..... .10. he further referred to the decision in ningawwa v. byrappa, : 2scr797 in which the court restated the established proposition of law that a contract or other transaction induced or tainted by fraud is not void, but only voidable at the option, of the party defrauded but until avoided the transaction is ..... be shown that the party defrauded has at any time after knowledge of the fraud either by express words or by unequivocal acts affirmed the contract, his election is determined for ever, but the party defrauded may keep the question open so long as he does nothing to affirm the ..... contract, further the limitation for bringing a suit under article 95 (of 1908 act) is three years from date of knowledge of fraud by the wronged party. in this case the plaintiff's action .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-29-1978
Reported in : AIR1979MP45
..... in bimla bai v. shankerlal, air 1959 madh pra 8 a single bench of this court applied the provisions of section 17 of the indian contract act, 1872, to invalidate a hindu marriage to which consent of the bridegroom was obtained by fraudulent misrepresentation. it was held in para. 15 of the judgment ..... discovery of fraud. according to the learned counsel, the term 'fraud' has not been defined under the 'act' and, therefore, it should be attributed the same meaning as it has under section 17 ofthe indian contract act. with this submission of the learned counsel, we are unable to agree. the words 'force' or ' ..... ' can have the same meaning as is assigned to it under the indian contract act. 'fraud' within the meaning of section 12(1)(c) of the act is such which procures the appearance without the reality of consent and thereby becomes an act fitted to deceive. in rani bala debnath v. r.k. debnath, ( ..... is immaterial. this finding is sufficient to disentitle the appellant any relief founded on clause (c) of sub-section (1) of section 12 of the act. such is also the view expressed in raghunath v. vijaya, air 1972 bom 132. learned counsel, however, urges that the consent of the appellant ..... the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this act within one year of such commencement and in the case of marriage solemnized after such commencement within one year from the date of the marriage; .....Tag this Judgment!
Court : Kerala
Decided on : Nov-20-1978
Reported in : 117ITR877(Ker)
..... contract act, 1872: 'section 253(2) of the indian contract act lays down that all partners are entitled to share equally in the profits of the partnership business and must contribute equally towards the losses sustained by the partnership. as i ..... such a principle.12. it was stated by the supreme court that what was stated with respect to section 253(2) of the contract act, 1872, applied equally to section 13(b) of the partnership act, 1932. the court then proceeded to observe (page 7): 'the other rule that where the shares in the profits are unequal, the losses must be shared in the ..... profits, there can be no presumption that the losses are to be shared equally between them. 11. section 13(b) of the indian partnership act, 1932, reproduces the provisions of the repealed section 253(2) of the indian contract act, 1872. in pitchiah chettiar v. subramanian chettiar ilr  mad 25, 28, ramesam j. explained the scope of section 253(2) of the indian ..... proportion in which the partners were to bear the losses in this case. counsel for the appellant refers to section 13(b) of the partnership act in this connection. 8. section 13(b) reads : 'subject to contract between the partners--...... (b) the partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-31-1978
Reported in : AIR1979Cal20,82CWN864
..... never be liable. the question of joint and several liability does not arise in such cases. the liability under section 230(2) of the indian contract act, 1872 is that of the agent only. it would be legitimate to conclude from this reply which the respondent had given that the respondent knew from the date of ..... void and illegal. we have also to keep in view the relevant provisions of section 23 of the indian contract act, 1872. these provisions are :--'23. the consideration or object of an agreement is lawful unless--it is of such a nature that, if permitted it ..... to contend before the arbitrators that the agent did not disclose the name of the principal and, as such, was liable under the contract in terms of section 230 of the indian contract act.45. there is one other curious fact to be noted. the respondent in its letter of reference to the registrar of the ..... means that the purchase was by messrs. j. thomas on behalf of their principals whose name was not disclosed in the contract. in this connection we refer to section 230 of the indian contract act which provides to the effect that where the agent does not disclose the name of the principal it will be presumed that ..... baling and j. thomas. before the arbitrators the respondent's case was that the appellant had entered into the contract as an agent for an undisclosed principal and was liable under section 230 of the contract act. before this court the respondent tried to make out the case that the appellant was not an agent for .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-20-1978
Reported in : AIR1978Cal239,82CWN288
..... or verified by the plaintiff or defendant can be signed or verified by any of such persons. rule 4 of order 30 provides again that notwithstanding section 45 of the contract act, 1872 where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such persons dies, whether before or ..... or without them. it could not accordingly be said that on account of the death of one partner the partnership stood dissolved as section 42 of the partnership act is always subject to contract between the partners. this position is borne out by the statement recorded in the register of the registrar of firms, which records admission of sm. shanta devi in ..... more unspecified payments on account can be no ground for defeating arbitration to which the parties solemnly agreed to at the time of making the contracts. 21. in this application under section 34 of the arbitration act, 1940 it is also necessary to decide if the proceedings have been taken by a party to the arbitration agreement against any other party to ..... jute mill under the name and style of 'shree hanuman jute mills'. the appellant, a registered partnership firm under the indian partnership act, 1932, had been a member of the east india jute and hessian exchange ltd, by a contract dated march 17, t967 through bought and sold notes, the appellant in his said business of shree hanuman jute mills agreed to .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-1978
Reported in : AIR1978Cal460
..... rs. 33,29,698/-. the plaintiff has, therefore, claimed the said amount on the basis of section 60 of the easements act and under the provisions of section 70 of the contract act, 1872 and the further alternative on the ground of unjust enrichment. this is the suit which is sought to be stayed by the present ..... application under section 34 of the arbitration act, 6. there was an agreement for the grant of the licence. pursuant to the said ..... acquire any land or hereditaments, or any interests therein, stores, goods, chattels, and other property, and to enter into any contracts whatsoever, as may be thought fit, for the purposes of this act; and all property so acquired shall vest in her majesty for the service of the government of india; and any conveyance or ..... case of re: empress engineering co. 16 ch d 125 at p. 128. there, master of rolls observed, that acts might be done by the company after its formation which would make a new contract of the same effect as the old one entered into by the promoters before its formation. there is no evidence in ..... to be covered by by arbitration clause. 14. it was, lastly, contended that in view of section 40 of the government of india act, 1858 this contract had not been entered into in accordance with the requirements of law. section 40 of the government of india .....Tag this Judgment!
Court : Kerala
Decided on : Oct-05-1978
Reported in : 45STC463(Ker)
..... in the clayton's case (1812) 35 e.r. 781 the general principle laid down there was incorporated in section 59 of the indian contract act, 1872. it is sections 59 - 61 of that act, which deal with the subject of appropriation, of them sections 60 and 61 deal with modes of appropriation when the debtor has not indicated ..... and the defaulter was not that of creditor and debtor, that arrears of revenue were not debts so as to attract section 59 of the indian contract act and that act xi of 1859 was complete by itself. this decision was expressly dissented from as being not sound by the same high court in its later decision ..... 'debts' and an assessee who defaults to pay tax is a 'debtor' coming within the meaning of those expressions in sections 59 and 60 of the indian contract act.12. when an enactment is said to be complete what is meant is only that it is exhaustive to the extent it goes. it does not mean that ..... mohan sen v. uma nath guha (1908) i.l.r. 35 cal. 636. it was observed there that if sections 59 and 60 of the indian contract act did not apply to revenue sales then the court had to fall back on the general law, that practically it was that law that was embodied in those ..... as to how it should be made.10. pausing there for a moment the question of applicability of the principles of sections 59 and 60 of the indian contract act to transactions in relation to realisation of revenue has to be considered. in ganga bishun singh v. mahomed jan (1906) i.l.r. 33cal. 1193, the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-12-1978
Reported in : (1979)1MLJ301
..... might seem to be found in section 72 of that act but the decree-holder can hardly be described even for purposes of this section as a person to ..... of this kind do not arise out of contract nor do they arise out of any trust, express or implied. it is difficult to say, even whether the situation fits in precisely with the requirements of any of the provisions of chapter v of the indian contract act, 1872 relating to quasi-con tracts. the closest provision ..... decree-holder had done something where his interests and duty came into conflict, none of the group of sections 80 to 94, inclusive, in the trusts act can literally apply to a situation of the kind which presents itself when execution of a decree for possession of a house leaves the decree-holder with ..... in this case, the tenant was the true owner. but he did not hand them over himself to the landlord, nor any agent or other person acting on his behalf. nor can the decree-holder be equated to the position of a person who just finds the moveables, as a finder of lost goods, ..... not there at the time to take delivery of his moveables, the amin gave them over to the landlord and another local resident who was prepared to act as surety, taking a bond from both of them for keeping the articles in safe custody pending the orders of court for their disposal. subsequently, the .....Tag this Judgment!