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Hyderabad Chem. and PharmA. Works P. Ltd. Vs. Alco Chem. Ltd.

Court : Andhra Pradesh

Reported in : 2003(156)ELT638(AP)

..... as per section 72 of the indian contract act, 1872, the amount of export duty collected separately by the defendant from the plaintiff was under a mistake of law and therefore the defendant is bound to refund the same. ..... [air 1963 bombay 222] the bombay high court held that the words 'deduct' and 'deduction' in sub-section (b) of section 64a of the act do not relate to physical act of deduction at the time of payment of the price and that the phrase 'so much from the contract price' has no relation to the physical act of payment of price, but in the context it refers the right of the purchaser to take off the duty in the process of calculation of arriving at the contract price. ..... the provisions of section 64a of the act are applicable, it was held, only when the incidence of imposition, increase, remission or abolition of duty is connected with and related to the goods of a particular contract for sale of goods between a seller and a buyer. ..... under section 55 of the act where under a contract of sale the property in the goods has passed on to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. ..... in a situation where the contract of sale is silent, as to rate of interest payable by the purchaser, the court can award interest by way of damages and special damages under section 61 of the act which reads as under.'61. .....

M.Seshadri Vasa Vs. Magalipuri Kishore Kumar and Another

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... in this regard, what section 230 of indian contract act, 1872 postulates is worth noting: 230.agent cannot personally enforce, nor be bound by, contracts on behalf of principal. ..... procedure, 1973 (2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of power, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the first class for the ..... if it were such a case, then definitely as per section226 of the contract act, the principal would have been bound by it. ..... opposite party no.1 alone entered appearance and filed a counter opposing the claim as against him by urging that he was absolutely a stranger to the contract and was merely a liaison agent at the most and the confirmation of the contract of sale of goods, the part payment of consideration was all between the complainant on one hand and the manufacturer, opposite party no.2 on the other and it was rather incomprehensible as to how he could be saddled with any liability ..... thus on the face of it, the appellant is not at all a party or privy to the contract proper for the sale of the machinery in question between the complainant and the manufacturer, opposite party no.2. .....

Commissioner of Income-tax, Andhra Pradesh Vs. Pabbati Shankaraiah and ...

Court : Andhra Pradesh

Reported in : (1984)38CTR(AP)37; [1984]145ITR702(AP)

..... contract act, 1872, and the promoters did not have any title to the income, which really vested in the shareholders, there was no question of any overriding title to the shareholders because, even initially, the title to the income proportionate to the contribution of share capital vested in the shareholders themselves and the promoters were merely acting ..... no provision either in the memorandum of past partition or in the agreement which would constitute 'unity of interest' : nor one of them (shankaraiah) would be acting in the firm for the benefit of the two minors producing income for all of them, so that these ingredients could be said to contribute towards the formation of ..... should be deemed to have been received on april 16, 1944, as was done for the purpose of the excess profits tax act, in which case it could not fall within the accounting period july 1, 1944, to june 30, 1945, relevant to the ..... carrying on an activity with a view to earn income because it is only with such a body of individuals that the income-tax act is concerned and again the words 'body of individuals' derive colour from the context in which they occur, namely, an association ..... therefrom, and (ii) whether the particular lands were agricultural lands it was further held (head note) : 'the words 'body of individuals' in occurring in the income-tax act in the definition of the word 'person' in section 2(31) means a conglomeration of individuals who carry on some activity with the object of earning income. .....

V. Srisailam Vs. V. Krishna Murthy and ors.

Court : Andhra Pradesh

Reported in : 2003(1)ALD500

..... english common law was the basis for enacting section 16 of the contract act, 1872. ..... sub-section (2) of section 16 of the contract act further explains that a person is deemed to be in a position to dominate the will of another where he holds a real or apparent authority over the other, where he stands in a fiduciary relation to the other, and where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental ..... the contract act). ..... question of fact itself is found that a person is in a position to dominate the will of another, the burden of proving that a contract was not induced by undue influence shall lie upon a person in a position to dominate the will of another. ..... if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of ..... jewach, (1904) 31 cal 262 = 31 ia 10, wherein the intention of the parties as to separation was inferred from various acts of the members of the family and it was held that the question of fact has to be decided having regard to the cumulative effect of the facts and circumstances especially when there are no contemporaneous documents ..... of the indian evidence act, 1872). ..... all the sons stayed with the father; they had a common mess; buggaiah was acting as karta of the family; buggaiah performed marriages of defendants 3 to 6 and marriages of daughters of .....

M/S. Tata Project Limited, Supply ChaIn Vs. M/S. Offshore Infrastructu ...

Court : Andhra Pradesh

..... . is defined in section 17 of the indian contract act, 1872 in the following terms:17 ..... . the honble supreme court referred to the definition of fraud in section 17 of the indian contract act, 1872, in paragraph 15 thus:15 ..... . the honble supreme court while referring to the definition contract of guarantee defined under section 126 of the contract act in the same case held that when a contract of guarantee was sought to be invoked, it was primarily for the bank to plead a case of fraud and not for a promisor to set up a case of breach of contract, which observations are contained in paragraphs 18 and 19 thus:18 ..... . the mere allegation that the actions of the 1st respondent were in clear breach and violation of the terms of the contract and the 1st respondent if, permitted to act on the same, it would not only cause material loss and injury to the rights of the petitioner, but also amounts to irretrievable injustice being caused, is not sufficient enough to substantiate the ground of irretrievable injustice being ..... . it is respectfully submitted that the above actions of respondent no.1 are in clear breach and violation of the terms of the contract and if respondent no.1 are permitted to act upon the same, it would not only cause material loss and injury to the rights of the petitioner but also amount to irretrievable injustice being caused ..... . is defined under section 126 of the indian contract act in the following terms:126 .....

Mohammed Abdul Azeem and Another Vs. M/s. South India Prime Tannery Pv ...

Court : Andhra Pradesh

..... c) the second category of contracts are covered by section 55 of indian contract act, 1872, which reads thus: section 55 - effect of failure to perform at fixed time, in contract in which time is essential: when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties ..... a) the first category of contracts are covered by sec.46 of indian contract act, 1872, which reads thus: section 46 - time for performance of promise, where no application is to be made and no time is specified where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must ..... " so, section 46 of indian contract act envisages that where no time is stipulated for performance of a promise, the promisor ..... reasonable time under ordinary circumstances; as soon as circumstances will permit; so much time as is necessary under the circumstances, conveniently to do what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. .....

Globe Transport Corporation Vs. National Insurance Co. Ltd. and anr.

Court : Andhra Pradesh

Reported in : 1990ACJ310

..... bhagwan das ilr 18 calcutta 620, the contract act, 1872 is not intended to deal with law relating to ..... of a common carrier are governed in india by the principles of the english common law on that subject (except where they have been departed from, in the cases of some classes of common carriers, by the carriers act, 1865 or by the railway acts of 1878 and 1890), and that notwithstanding some general expressions in the chapter on bailments, a common carrier's responsibility is not within the indian contract act, 1872. 14. ..... reason is that the duty of a public carrier based on public employment is greater than contemplated under section 151 and 152 of the contract act where a bailee will be absolved from liability for the loss or destruction of the goods if he takes reasonable care of the goods ..... ram salt air 1953 madras 3, also states that in respect of the cases governed by the carriage of goods by sea act, the law applicable in india before the act was common law of england as applicable to common carriers and not the provisions of the contract act relating to bailment. ..... 1983 acj 507 (sc), upheld the view of this court that a contract restricting the liability of a common carrier in contravention of section 10 of the act is void being opposed to the public policy under section 23 of the contract act.15. ..... it was held by the learned judge that the claim is based on the ground that the plaintiff is the owner as per the provisions of the contract act but not on any special contract. .....

R.V. Ramgopal Vs. Shriram Transport Finance Company Limited

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... the printed stationary of the opposite party and the loanees have virtually no say in the matter except sign the blank documents and therefore the agreement is virtually a standard form of contract and in the event of any terms and contracts being found to be illegal as contemplated under section 23 of the indian contract act, 1872, the said objectionable clauses shall be struck down by the forum as per judgement of apex court in air 1975 sc p 1811 and air 1986 sc p1571. ..... the internal rate of return being posted in the books of the opposite party towards interest is violative of the provisions contained in usurious loans act, 1918 and also a fact exclusively within the knowledge of opposite party herein as per the provisions contained in section 106 of indian evidence act, 1872 and the burden of providing the same lies exclusively upon the opposite party as per ratio of the judgement reported in air 1917 privy council etc. ..... opposite party further submitted that it is barred under indian contract act that once an agreement is closed and new agreement is created then the old agreement terms and conditions will not come into picture and even the rc copies of vehicles filed by the complainant along with ..... it submitted that the complaint is not filed according to the provisions of consumer protection act, 1986 and the grounds mentioned by the complainant are also barred under section 62 of the indian contract act and hence the complaint may be dismissed. .....

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

Court : Andhra Pradesh

..... 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 to repay or return such amount and he is also liable to pay interest under interest act, on such amount retained by him. ..... the learned counsel, in support of his contention, relies on the provision under section 72 of the indian contract act, 1872. ..... in view of the letter dated 02.04.2012, which was received by the 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. ..... 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 respondent for freezing the account of the petitioner. ..... the learned counsel for petitioner has relied on the judgment of 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. .....

Ahmed BIn Sayeed and Ten Ot Vs. Mrs. Kamala Bai and Seven Oth

Court : Andhra Pradesh

..... section 190 of the indian contract act, 1872 reads as follows: when agent ..... on the other hand, the learned counsel for the respondents/petitioners argued that originally one ramlal was the holder of certificate of ownership under section 38-e of the act over the agricultural land of ac.26.31 gunts comprising in survey nos.87 and 119 of puppalguda village and during his lifetime, himself, his brothers and the sons of his deceased brother executed registered gpa in ..... that originally the land in survey nos.87 and 119 was owned by syed shaik ahmed mohiuddin and ramlal being the protected tenant obtained ownership certificate under section 38-e of the act for the land to an extent of ac.10.26 guntas and ac.16.05 guntas in survey nos.87 and 119 respectively admeasuring ac.26.31 guntas totally in puppalguda village, hyderabad (west). ..... for the respondents/petitioners argued that clause (2) of the unregistered gpa, dated 28.04.1994 shows that the said riyaz gave powers to his father to act on his behalf to conclude the agreement of sale dated 07.05.1992 which he entered into with m/s.kashtopa corporation with regard to lands at gachibowli. ..... down the procedure to be adopted where a document is not registered (but compulsorily registerable) and not duly stamped, as follows: (i) the court should, before admitting any document into evidence or acting upon such document, examine whether the instrument/document is duly stamped and whether it is an instrument which is compulsorily registerable. .....