Court : Mumbai
Decided on : Mar-04-1997
Reported in : 1998(1)ALLMR648; 1997(4)BomCR237
..... , whether the courts below were justified in dismissing the plaintiff's suit?'6. section 16 of the indian contract act 1872 defines undue influence which reads thus :'16. undue influence defined.--(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that ..... the will of the other.nothing in this sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872).7. consent under section 14 of the indian contract act is said to be free where it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.8. ..... sub-section (3) of section 16 provides that where a person who is in a position to dominate the other and enter into contract ..... to the authorities cited their lordships think it desirable to make clear their views upon, in particular, section 16, sub-section (3) of the contract act as amended. by that section three matters are dealt with. in the first place the relations between the parties to each other must be such that ..... apex court in afsar shaik v. soleman bibi, air 1976 sc 163 had occasion to deal with undue influence and section 16 of the indian contract act and with reference to the decision of prem shah (supra) decided by privy council, held that it was not sufficient for a person seeking .....Tag this Judgment!
Court : Kerala
Decided on : Oct-07-1997
Reported in : 230ITR686(Ker)
..... contended that a partnership firm formed for the purpose of exploiting a licence in the name of one of the partners would be hit by section 23 of the indian contract act, 1872. according to the assessee, even if the licence can be issued only in the name of an individual, it is not illegal to conduct the business through a partnership by ..... all rights and liabilities arising therefrom. under these circumstances, without any hesitation, we would hold that the partnership was hit by the provisions contained under section 23 of the indian contract act. the assessing authority was, therefore, fully justified in refusing to grant registration.16. in the light of the above discussion, we answer all the questions in the negative, against the ..... follows (page 218) :'so, the partnership that has been entered into for sharing the privilege in dealing in liquor with other partners is a prohibited one. such a contract of partnership is void under section 23 of the contract act.'13. we fully agree with the above observation. if that be so, no difference can be spelt out in the legality of the ..... the provisions in rule 6(22) of the rules. it was also held that such a contract of partnership is void under section 23 of the contract act and a void contract of partnership cannot be recognised as a genuine partnership for the purpose of the income-tax act, 1961.4. learned counsel for the assessee contended that the above decision has no application in .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-18-1997
Reported in : AIR1998Guj46; (1997)3GLR1855
..... of the code of civil procedure, 1908 (c.p.c.) and section 4 of the indian contract act, 1872 (act) are the legal questions in focus in this batch of first appeals.2. which is the place of making of contract whether the communication of acceptance of offer is complete at a place from where and when it ..... versions and the relevant aforesaid proposition of law and considering the real design and purport of section 20(c) of the cpc and section 4 of the contract act, we have no hesitation in finding that the impugned judgment and decree recorded by the trial court, at mehsana, holding that part of cause of ..... the observations made in paras 23 and 53 and the interpretation of provisions of section 20 of the c.p.c. as section 4 of the contract act are most relevant and we are in full agreement with the said observations.31. reliance is then placed on the decision of the supreme court in a ..... , be expedient at this stage to refer to provisions of section 4 of the contract act. section 4 reads as under :'4. the communication of a proposal is complete when it comes to knowledge of the person to whom it is made. ..... surat to mansa. in fact, above facts, clearly, go to suggest that there was not acceptance of offers or conclusion of the contract at mansa.12. section 4 of the contract act provides as to when communication of acceptance of offer becomes complete, section 4 as such is very relevant and important. it would, therefore .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-1997
Reported in : 1998(1)CTC1; [1998(79)FLR97]
..... months notice or on lieu thereof paying three months basic pay and dearness allowance. their lordships of the apex court held that such a clause offends section 23 of the contract act, 1872 as being opposed to public policy and, therefore, void besides being ultra vires of article 14 and further violative of directive principles contained in articles 39(a) and 41 of ..... of justice to declare clause 8 of the agreement of service, extracted above to be void and unenforceable against the petitioners as being violative of section 25 of the indian contract act, applying the law declared by the apex court in the cases noticed supra. consequently, the orders of termination in these cases are also declared illegal and non est, having no ..... would be ultra vires article 14 of the constitution of india and that such provision would also be opposed to public policy and violative of section 23 of the indian contract act. the petitioners, even if relegated to the relief of suit or the industrial dispute in the labour court, as it may deem fit, there could be no difficulty for those ..... -1996 issued by the second respondent to the petitioners are void and illegal being violative of section 23 of the indiancontract act, 1872, article 21 of the constitution of india and sections 25-f and 25-n of the industrial disputes act, 1947 and consequently direct the respondents to reinstate the petitioners with continuity of service with all arrears of salary or in .....Tag this Judgment!
Court : Chennai
Decided on : Jun-14-1997
Reported in : 103CompCas258(Mad)
..... statutory bar under the reserve bank of india rules and regulations regarding nonresident account with nationalised banks is liable to fall within the mischief of section 23 of the indian contract act, 1872, and as such opposed to public policy and cannot be enforced. however, without prejudice to the aforesaid contention, it was stated that a reading of the plaint would show that ..... of exhibit p-18 cannot be valid in law but, however, void and exhibit p-18 is totally against the public policy as envisaged under section 23 of the indian contract act. 23. though two case-1aws in the following cases, r.m.s.s. chettiar v. gain cheng kiet, : air1974mad349 and escorts ltd. v. union of india  57 comp cas ..... of the customer that is defendants nos. 1 to 4 herein and not against the deposits made by defendants nos. 5 and 6 pursuant to section 171 of the indian contract act. 21. from a bare perusal of exhibit p-18, the letter, it is noticed that the letter itself does not create a lien and that it has been stated only ..... of the plaintiff and that they are unnecessary parties and that letter exhibit p-18 is directly hit by section 47 of the foreign exchange regulation act as well as section 23 of the indian contract act and that inasmuch as the said defendants nos. 5 and 6 had not created any lien nor received any consideration from the plaintiff, the plaintiff cannot .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-06-1997
Reported in : 1997(4)ALLMR523; 91CompCas218(Bom)
..... in whose name the fixed deposit receipt stands. 8. indeed the learned advocate for the appellant-bank tried to take shelter under section 171 of the indian contract act, 1872. the said section 171 of the indian contract act reads as under : '171. general lien of bankers, factors, wharfingers, attorneys and policy brokers. - bankers, factors, wharfingers, attorneys of a high court and policy brokers may ..... a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.' 9. a bare reading of section 171 of the indian contract act clearly shows that it has no application to the case in hand. admittedly the amount deposited was not deposited by the father of the ..... , in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have .....Tag this Judgment!
Court : Kerala
Decided on : Dec-11-1997
Reported in : 235ITR594(Ker)
..... agreement being genuine does not arise. therefore, the argument of learned counsel for the assessee that there is no legal bar under section 23 of the contract act, cannot be sustained. section 23 of the indian contract act, 1872, states that the consideration or object of an agreement is lawful, unless it is forbidden by law ; or is of such a nature that, if permitted ..... such a nature that if permitted it would defeat the provisions of the excise law within the meaning of section 23 of the contract act. such an agreement is declared to be unlawful and void by section 23 of the contract act. when the law prohibits the entering into a particular partnership agreement, there can be in law no partnership agreement of that nature ..... hit by the provision under rule 6(22) of the abkari shops (disposal in auction) rules. such a contract of partnership is void under section 23 of the contract act. such a void contract of partnership cannot be recognised as a genuine partnership under the income-tax act, 1961.13. learned counsel for the assessee referred to the decision in jer and co. v. cit ..... of liquor trade and the transfer of the licence are held to be opposed to public policy and defeat the object of the act. therefore, the courts cannot come to the rescue of an assessee to sustain a contract which is opposed to the public policy.18. it is not the case of the assessee that he would stop the liquor business .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-1997
Reported in : AIR1997Bom209; 1997(2)MhLj737
..... not returned the cheques but encashed them. therefore the question that arises for my consideration is whether there was accord and satisfaction and the provisions of section 63 of the contract act, 1872 are attracted in the present case. 5.the learned counsel for the petitioners submitted that the court below has mainly relied upon the judgment delivered by this court reported in ..... only payable and if the opponents communicate accepting the same and thereafter the petitioners send the cheques then it would amount to accord and satisfaction and section 63 of the contract act are attracted, except in the case of civil revision application no. 138 of 1989. in civil revision application no. 138/89 i find that there was no protest made and ..... and received the payment. thereafter the plaintiffs filed the suit claims the balance amount. in these circumstances was held that the case was completely covered by section 63 of the contract act. the plaintiff having accepted payments in full satisfaction of the claim, it would amount to discharge of full claim by defendants. here illustration 'c' to section 63 was also relied ..... owned by the petitioner. there was negligence on the part of the petitioners and hence respondents suffered damages. the opponents issued notices under section 78(b) of the indian railways act, 1890 making claims. the petitioners sent cheques for various amounts. they also informed the opponents that the cheques are sent in full and final settlement of the claims and the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-1997
Reported in : AIR1997SC2459; 89CompCas109(SC); (1997)2GLR1577; JT1997(4)SC505; RLW1997(2)SC189; 1997(3)SCALE423; (1997)5SCC64; 3SCR617
..... party. (see : bowstead on agency, 15th edn., article 22, pages 92 to 94).15. the position is not very different in the law in india. section 186 of the indian contract act, 1872 lays down that the authority of an agent may be express on implied. an authority is said to be express when it is given by words spoken or written and ..... authorised by the lic to receive premium on behalf of the lic. we are, therefore, unable to hold that the doctrine of apparent authority underlying section 237 of the indian contract act can be invoked in the facts of this case especially when the lic has been careful in making an express provision in the regulations/rules, which are statutory in nature ..... lic can be held liable on the basis of the doctrine of apparent authority. shri mathur has invoked the said doctrine and has relied upon section 237 of the indian contract act. he has urged that, by its conduct in receiving the premium through it agents, the lic had induced the policyholders to believe that ..... third persons on behalf of his principal, the principal is bound by such acts or obligations if he has by his words or conduct induced such third persons to believe that such acts and obligations were within the scope of the agent's authority.16. under the law governing contracts of insurance the premium may be paid by the assured to the insurers .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-09-1997
Reported in : (1997)117PLR350
..... of inder singh, the agreement arrived at between the parties lawfully or opposed to the provisions contained in section 23 of the indian contract act, 1872. section 23 of the indian contract act, 1872, reads as under:-'23. what consideration and objects are lawful and what not.- the consideration or object of an agreement is lawful, ..... is that the hundies and agreement exhibits p-1 to p-3 and p4 respectively are not binding on defendant in view of section 23 of the indian contract act, 1872, and, therefore, also the suit for recovery could not be decreed.5. the learned counsel for the plaintiff, mr. i.s. bajwa, however, ..... take advantage of the same as consideration or object of the agreement would be unlawful and every such agreement as per section 23 of the indian contract act, is to be held to be void. holding, therefore, agreement exhibit p4 to be void as also no consideration passed to the defendant in ..... land or the money left by him in the bank. by coming to the agreement exhibit-p4 into existence, certain provisions contained in hindu succession act are certainly defeated. the agreement, therefore; not be fraudulent one, but the same is certainly hit by the vice of being of such a nature ..... varaich and cash worth rs. 100,000/- in the bank. it was the defendant who was entitled to get the property according to hindu succession act, but the plaintiff to deprive the defendant from the said property dragged her into litigation on the plea that she was not widow of inder singh .....Tag this Judgment!