Court : Orissa
Decided on : Mar-30-1994
Reported in : 1994(I)OLR554
..... will be apt and proper to extract some of the observations made in the afore-mentioned decision :'while the contract act, 1872, does not profess to be a complete code dealing with the law relating to contracts, we emphasize that to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import principles ..... other reasons to engage in any business similar to or compete with the employer is in restraint of trade and is, therefore, void under section 29 of the contract act,9. section 27 of the contract act reads as follows :'27. agreement in restraint of trade, void-every agreement by which one is restrained from exercising a lawful profession, trade or business of ..... after the termination of his services. the restriction contained in clause 10 of agreement is obviously in restraint of trade and, therefore, illegal and unenforceable under section 27 of the contract act. 1 (see paragraph-23) earlier in the judgment, the learned judge quoting from niranjan shankar goiikari's case (supra') had sought to draw a distinction between restrictions applicable during ..... recorded the following findings :''neither the test of reasonableness nor the principle that the restraint being partial was reasonable is applicable to a case governed by section 27 of the contract act, unless it falls within exception 1. we, therefore, feel that no useful purpose will be served in discussing the several english decisions cited at the bar.'(see paragraph 52 .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-1994
Reported in : I(1996)BC251; 57(1995)DLT55
..... no. 1 to whom the money was passed on and defendant no. 1 may have its own remedies against its principal.(13) section 72 of the indian contract act, 1872, is as follows: '72.liability of person to whom money is paid, or thing delivered, by mistake or under coercion- a person to whom money has ..... framed on 5/5/1970:- 1.is the plaintiff entitled to recover any amount from defendant no. 1 under the provisions of section 72 of the indian contract act, 1872 ifso, to what amount is the plaintiff entitled and on what basis?2. is the plaintiff entitled to the recovery of rs. 80,605.00 from ..... india regarding rights arising in respect of payments made under mistake of fact or even under mistake of law, under the provisions of section 72 of the indian contract act. the apex court in (1959) scr 1350 titled sales tax officer,banaras & others v. kanhiya lal mukund lal saraf, held that the term 'mistake'in ..... the case against defendant no. 1 on allegations other than the allegation that defendant is liable in view of the provisions of section 72 of the indian contract act also, but this will be done within the ambit of the allegations made in the plaint. it was observed that defendant no. 1 will beat liberty ..... of estoppel was totally denied as arising in law or fact. it was urged that liability of defendant no. 1 arose under section 72 of the indian contract act as being a statutory liability. it was not accepted that defendant no. 1 bank has passed on the money to its principal. in anycase, it was .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-1994
Reported in : 1994ACJ811; AIR1995Kant18; ILR1994KAR861; 1994(2)KarLJ138
..... requirement of the said seclion.16. before that, it is pertinent to note, what is the law that governs a contract between the insurer and the insured? it can be seen that like all contracts, a contract of insurance is governed by the general law of contract. though indian contract act, 1872 (act 9/72 central act) does not deal with the rights and liabilities arising out of a ..... contract between the insurer and the insured, yet the contract in insurance is based on the rudimentary principles of law of contract. therefore, it is necessary to refer to ..... section 2a of/ the indian contract act to find out whether in the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-29-1994
Reported in : 1994(3)ALT276
..... such contract does or does not happen. the event collateral to such a contract or agreement between the parties was fundamentally the establishment ..... the parties. neither of the contingencies occurred to make it a concluded contract either for enforcement or the breach thereof. the case is wholly covered by section 31 of the indian contract act, 1872, as a contingent contract is said to be a contract to do or not to do some thing if some event collateral to ..... did not happen collaterally as the main event of establishing the sugar factory did not at all occur. by virtue of section 32 of the contract act, contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened ..... there was a stipulation for forfeiture of the same the defendants would not have made it a penal clause for the purpose of section 74 of the contract act. the necessary conditions to apply the principle laid down in maula bux's case, : 1scr928 for operation in this case are not warranted, ..... would be still an agreement to sell till the future goods come into existence. in view of section 21 of the sale of goods act, where there is contract for the sale of specific goods and the seller is bound to do something for the goods for the purpose of putting them into .....Tag this Judgment!
Court : Orissa
Decided on : Dec-12-1994
Reported in : AIR1995Ori186; 1995(I)OLR96
..... scheme. the answer to the question depends on the interpretation and inter play of relevant provisions of the indian contract act, 1872 (for short, 'the act'). under section 21 of the act it is laid down that a contract is not voidable because it was caused by a mistake as to any law in force in india; but ..... to the corporastion. further, in the facts and circumstances, it was not possible to restore the party to its former position. therefore, section 72 of the contract act cannot be applied in the case. 7. the resultant position is that the writ applications are devoid of merit. they are accordingly dismissed, but in the ..... dhanyalakshmi rice mills etc. v. the commr. of civil supplies,reported in air 1976 sc 2243 in which it was held that sectionn 72 of the contract act states that person to whom money has been paid or any thing delivered by mistake or under coercion, must repay or return it; that the mistake ..... as has been used therein; that there is no conflict between the provisions of section 72 on the one hand and sections 21 and 22 of the contract act on the other; that the true principle is that if one party under a mistake, whether of fact or law, pays jo another party money which ..... v. kanhaiya lal mukund lal saraf, reported in air 1959 sc 135 in which the court ruled that the term 'mistake' used in section 72, contract act, has been used without any qualification or limitation whatever and comprises within its scope a mistake of law as well as mistake of fact; that there is .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-17-1994
Reported in : 98CWN1133,II(1994)DMC248
..... of fraud in october, 1992.19. mr. bhattacharyya has waxed eloquent as it proceeds from the first limb of his submission that section 17 of the contract act, 1872, could be taken aid of as the respondent was under an obligation to speak to her husband about her premarital life. the silence and non-disclosure, ..... of the h.m. act does not deal with fraud in a general way nor deals with every misrepresentation nor concealment ..... verges on the amendment of section 12(1)(c) of the h.m. act. to examine the viability of the argument, we have examined the core of section 12(1)(c) of the h.m. act, 1955, alongwith section 17 of the indian contract act, 1872. on perusal, we are of the view, that section 12(1)(c) ..... reliance is placed by mr. bhattacharyya on firm sriniwas ramkumar v. mahablr prasad and ors., : 2scr277 . it was a suit for specific performance of contract and a sum of rs. 30,000/-and odd was paid in earnest. the defendants took the plea of loan carrying interest. the court decreed the suit on ..... the judgment and decree of the learned court below, if suffer from perversity by the reason of refusing the reliefs to the petitioner under the h.m. act, 1955.8. in the aforesaid premise, the judgment and decree came under servere criticism.9. in assailing the impugned judgment and decree, mr. bhattacharyya, at .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Apr-25-1994
Reported in : AIR1996HP1
..... defendant no. 2 imparted any instructions to the plaintiff about the manner of appropriation of the amounts.20. sections 59, 60 and 61 of the contract act, 1872 embody the general rules as regards the appropriation of payments in cases where a debtor owes several distinct debts to one person and voluntarily makes payment ..... lahore high court in jai ram v. sulakhan mal, air 1941 lahore 386 dealing with the scope of ss. 59 to 61 of the contract act held that they do not deal with the cases in which principal and interest are due on single debt, to which only general rule of ..... 's case (supra) nor in food corporation of india's case (supra) the purpose for which the amendment was carried out by the 1956 amendment act was noticed for interpreting the expressing 'principal sum adjudged. though in syndicate bank's case (supra) and that of sigappiachi's case (supra), the ..... .explanation i: in this sub-section, 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970.explanation ii: for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business ..... entire oral and documentary evidence.issue no. 1:10. the plaintiff is a nationalised bank established under the banking companies (acquisition and transfer of undertakings) act, 1970. authorisation to sign and verify the plaint and engage counsel on its behalf by shri v. n. gupta is on the basis of the .....Tag this Judgment!
Court : Kerala
Decided on : Feb-24-1994
Reported in : 95STC205(Ker)
..... direct his creditor, the first respondent to appropriate it towards the demand made for 1977-78. the principles of sections 59 and 60 of the indian contract act, 1872, are not anathema to the provisions of the kgst act as was held by this court in vijaya oil mills v. state of kerala  45 stc 463 ;  klt 250. the supreme court had ..... balance. we, therefore, direct the concerned income-tax officer to complete his enquiry in regard to the amounts refundable to the appellant-firm or its partners under the income-tax act within three months from the receipt of the order by him. the certificate officer will thereafter execute the demand for the balance of the amount, if any, due from the ..... t.l. viswanatha iyer, j.1. while completing the assessment, exhibit p1, under the kerala general sales tax act, 1963 ('the kgst act', for easy reference), for the assessment year 1976-77, the petitioner was found entitled to get refund of an amount of rs. 1,0.4,423.91 as the excess .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-01-1994
Reported in : (1995)1GLR19
..... in any clause of this section, it stands excluded and only such an individual may become the member, who is competent to contract under the indian contract act, 1872, and even if a h.u.f. is competent to contract under the indian contract act, 1872 the inclusion of an individual only in this section excludes the h.u.f. from eligibility for the purpose of membership of ..... subject to the provisions of section 25, no person shall be admitted as member of a society except the following, that, to say-(a) an individual, who is competent to contract under the indian contract act, 1872;(b) a firm, company, or any other body corporate constituted under any law for the time being in force or society registered under the society registration ..... act, 1860;mr.zaveri has submitted that this section excludes eligibility for membership in all others cases except those mentioned in this section and since h.u.f. has not been ..... application before the joint registrar of the co-operative societies, gujarat state, ahmedabad and this revision application was registered at sr. no. 178 of 1980 under section 155 of the act. this revision application was heard and decided by the joint registrar and he dismissed the revision application confirming the order passed by the district registrar, cooperative societies (city division), .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-17-1994
Reported in : (1994)2CALLT53(HC)
..... of fraud in october, 1992.17. mr. bhattacharyya has waxed eloquent as it proceeds from the first limb of his submission that section 17 of the contract act, 1872, could be taken aid of as the respondent was under an obligation to speak to her husband about her premarital life. the silence and non-disclosure, ..... of the h.m. act does not deal with fraud in a general way nor deals with every misrepresentation nor concealment ..... verges on the amendment of section 12(1)(c) of the h.m. act. to examine the viability of the argument, we have examined the core of section 12(1)(c) of the h.m. act, 1955, alongwith section 17 of the indian contract act, 1872. on perusal, we are of the view, that section 12(1)(c) ..... reliance is placed by mr. bhattacharyya on firm sriniwas ramkumar v. mahabir prasad and ors., : 2scr277 . it was a suit for specific performance of contract and a sum of rs. 30,000/- and odd was paid in earnest. the defendants took the plea of loan carrying interest. the court decreed the suit ..... the judgment and decree of the learned court below, if suffer from perversity by the reason of refusing the reliefs to the petitioner under the h.m. act, 1955.8. in the aforesaid premise, the judgement and decree came under severe criticism.in assailing the impugned judgment and decree, mr. bhattacharyya, at the .....Tag this Judgment!