Court : Gujarat
Reported in : AIR1969Guj48; (1969)GLR253
..... ingredient of the offence, but they would notbe appropriate while considering the unsoundness of mind as a ground of divorce. mr. vakil also pointed out that under section 12 of the indian contract act, the expression 'unsoundness of mind' was used in the context of consent being given for entering into a valid contract where a person must understand and form a rational judgment as to its ..... effect before entering into such a contract.mr. vakil further argued that in a matrimonial legislation the term ..... oil 'incurably unsound mind' in the context of the aforesaid scheme of the act.6. in titli v. alfred robert jones : air1934all273 , the division bench consisting of sir sulaiman c. j. and mukherjea j. had to consider the difference between medical and legal definitions of insanity in the context of a similar legislation viz., section 19(3) of the indian divorce act, 1869, ..... the only standard and test of insanity laid down by the law was, according to section 84 of the indian penal code, whether the person was by reason of unsoundness of mind incapable of knowing the nature and quality of the act, or that the act was wrong or contrary to law. their lordships also accepted for guidance the definition of the word, 'idiots .....Tag this Judgment!
Court : Mumbai
Reported in : (1929)31BOMLR88; 117Ind.Cas.518
..... case. the learned assistant judge held that 8, 65 of the indian contract act did not apply on the ground that the section applied when the parties to the contract, were competent to contract and as defendant no. 8 was of unsound mind when the agreement was entered into, the section had no application.14 ..... . before us it is conceded on behalf of the appellant that section 65 of the indian contract act would not apply according to ..... of unsound mind and the request could not create a contractual relationship between the parties. in considering, whether section 70 applies it must be assumed that what was done on behalf of the respondent was without his authority and not at his request.7. by section 70 of the indian contract act three ..... the payment was not made by the plaintiff but by dhanraj, and, therefore, the plaintiff cannot claim the benefit of section 70 of the indian contract act. it appears, however, from the circumstances proved in the case that dhanraj made the payment as agent of the plaintiff. under section 70 ..... for the debt due by the respondent to the panch.3. the court of first instance applying the provisions of section 70 of the indian contract act decreed the appellant's claim against the respondent and dismissed the suit against the other defendants.4. the lower appellate court reversed the decree .....Tag this Judgment!
Court : Kerala
..... . nos. 646 & 1038 of 2009 -:14. :- 12. coming back to the alleged unsound mind of the testator prabhakaran, let us have an analysis of the relevant law at first. sections 11 and 12 of the indian contract act, 1872 relate to these points. "11. who are competent to contract.-- every person is competent to contract who is of the age of majority according to the law to ..... which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.12. what ..... r.s.a. nos. 646 & 1038 of 2009 -:15. :- interests. a person of unsound mind is thus not necessarily a lunatic. it is sufficient if the person is incapable of judging the consequences of his acts. black's law dictionary says: "as a aground for voiding or annulling a contract or conveyance, insanity does not mean a total deprivation of reason, but an inability ..... judgment, to do the act in question or to understand its nature and consequences." 14. going by the above sections, it could be seen that the sound mind is one of the statutory requirements to enter into a contract and unsoundness of mind is a factor which renders a contract void. once a lunatic is not always a lunatic, a person of unsound mind is not necessarily a .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR2006P& H77; (2006)142PLR289
..... of making a contract, if, at the time when he makes it, he ..... a person who is usually of a unsound mind but occasionally of sound mind may enter into a contract when he is of sound mind. it is also well settled that burden of proof lies on a party who sets up a plea of unsound mind so as to get a declaration that the contract is void. section 12 of the indian contract act, 1872, reads as under:-12. what is ..... a sound mind for the purposes of contracting.- a person ..... is said to be of sound mind for the purposes .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1926Cal271,91Ind.Cas.824
..... at any time; it may be continuous or it may be intermittent. section 12 of the indian contract act is consistent with this for the second paragraph provides that, 'a person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind' and the third paragraph of the section provides for the converse case. section 254 provides that ..... argued that as anew customer he is not within that section. the law of partnership depends on the law of agency. section 201 of the contract act provides that an agency is terminated by the principal becoming of unsound mind, but section 208 provides that the termination of the authority of an agent does not...take effect...so far as regards third persons, before ..... the suit of a partner the court may dissolve the partnership in the following cases:(1) when a partner becomes of unsound mind....46. this contemplates that an order of the court is necessary to dissolve a partnership on the ground ..... has been of sound mind, and who becomes of unsound mind, may recover his sanity: and, in my judgment the, lunacy of a partner; does not of itself dissolve a partnership, but confirmed lunacy is a ground for dissolution if the other partners apply to the court for a decree of dissolution on that ground.45. section 254 of the contract act provides that 'at .....Tag this Judgment!
Court : Mumbai
Reported in : (1908)10BOMLR1004
..... equity, in reference to contracts entered into by a person of apparently sound mind, and not known by the other contracting party to-be insane, is that such contracts if executed and completed and if ..... will the provisions of section 65 apply as there never were any contracts which could be discovered to be void. mohori bibee v. dharmodas ghose ilr (1903) cal. 539 . p.c.. by english law a person of unsound mind is no more capable of entering into a contract than he is under the indian contract act, but the rule which now prevails both at law and in ..... general presumption of sanity has to be rebutted. this can be done by proving that the defendant's mind was completely deranged so that he was incompetent to enter into any contract, or by proving that he was of unsound mind with regard to these two particular contracts. mr. bahadurji asks me to hold that at any rate from the beginning of 1905 defendant was ..... contended that the plaintiff cannot recover on the ground that the defendant when he executed the said mortgages was not of sound mind and that therefore he was not competent to contract within the meaning of section 12 of the contract act.3. defendant's sister bai aimai died in october 1902 and under her will defendant became entitled to a legacy of rs .....Tag this Judgment!
Court : Chennai
Reported in : (1896)ILR19Mad219
..... lightly set aside. against this view it may perhaps be urged that the indian law as to contracts by persons of unsound mind is different from the english law and that such contracts according to the proper construction of section 12 of the indian contract act are void and not merely voidable. it is not, however, necessary in ..... have not been referred to any direct authority on this point. in england it is quite settled that a contract by a person of unsound mind is not void, but only voidable (see pollock on contracts, 6th edition, page 89, and the cases therein cited). when such is the case in respect of transactions ..... this case to express any opinion on this point, for assuming for argument's sake that this construction of the section is correct, the ground on which it rests, viz., in competency to enter into a contract, is ..... on the ground that, at the time of attachment and sale of the property, vythilingam pillai was a person adjudged under act xxxv of 1858 to be of unsound mind and therefore a person who should have been represented by a guardian ad litem as required by sections 456 and 460 of the ..... for about one-tenth of its proper price and consequently the sale could not bind them. that, as alleged, the first plaintiff was of unsound mind and was not represented in the execution proceedings which culminated in the sale are found by both the lower courts. the district munsif held, however .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad988; (1953)2MLJ209
..... be lightly set aside. against this view it may perhaps be urged that the indian law as to contracts by persons of unsound mind is different from the english law and that such contracts according to the proper construction of section 12, indian contract act are void and not merely voidable. it is not, however, necessary in this ..... the party affected? we have not been referred to any direct authority on this point. in england it is quite settled that a contract by a person of unsound mind is not void, but only voidable....when such is the casa in respect of transactions into which private parties enter directly with insane persons ..... case to express any opinion on this point, for assuming for argument's sake that this construction of the section is correct, the ground on which it rests viz., incompetency to enter into a contract, is quite ..... judgment-debtor unlike what we find in clause (2) of that rule. though the confirmation of sale is a judicial matter and not an administrative act, the code does not provide for the issuing of any notice to the judgment-debtor whose property has been sold in auction.our attention was ..... 89, 90, and 91 of order 21, c. p. c. is thirty days as prescribed under article 165 of the first schedule of the limitation act. therefore after the lapse of thirty days, if no application is made to set aside the sale or if during that period, an application is made .....Tag this Judgment!
Court : Chennai
..... application under section 20 of the petroleum act. 19. as per section 201 of the indian contract act, an agency is terminated but he principal revoking his authority; or by the agent renouncing the business of the agency; or by the business of the agency being completed; or by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated ..... an insolvent under the provisions of any act for the time ..... cannot now dispute the correctness of the lab report dated 28.11.2000. further, the learned counsel relied upon section 201 of the indian contract act and section 14 of the specific relief act. 12. in support of his contentions the learned counsel relied upon the following judgments: (i) air 2004 sc 2093 [shipping corporation of india ltd. vs. machado brothers and others] wherein ..... of the results only along with the termination order, it is clear that there was non-compliance of the regulations which touches on the validity of the termination of the contract. ... 17. in this regard, i have no hesitation in holding that the learned arbitrator failed to consider the terms of the notification which protects the right of the parties .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)ALLMR249; 2008(6)MhLj224
..... upon her or that she was of unstable mental equilibrium. even section 12 of the indian contract act, 1872 provides that a person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. article 1765 of the civil code, 1867 provides that the capacity of the testator shall ..... evidence if there exists any. in the case of proof of will, a signature of a testator alone would not prove the execution thereof, if his mind may appear to be very feeble and debilitated. however, if a defence of fraud, coercion or undue influence is raised, the burden would be on ..... prove that the testator has signed the will and that he had put his signature out of his own free will having a sound disposition of mind and understood the nature and effect thereof. if sufficient evidence in this behalf is brought on record, the onus of the propounder may be held ..... notary who was a government functionary and an independent person who has recorded that the said sumatibai was in her perfect senses and perfect state of mind when she executed the will. the learned trial court also referred to another letter dated 3-3-1991 written by the plaintiff in which the ..... he certified that the said sumatibai, the testatrix, was in her perfect senses and of sound mind, free from any coercion, suggestions, pressures etc. the said will is nothing but a record of a public act performed by a public officer which carries with it a presumption of its truthfulness and authenticity and .....Tag this Judgment!