Court : Gujarat
Reported in : AIR1991Guj65; (1990)2GLR587
..... general law of the land, when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract, is bound to restore it, to the person from whom he received it (vide section 65 of the contract act 1872). ..... was not agricultural land; (ii) the said land was situated in the limits of karjan municipality, and, therefore, exempted from the rigorous provisions of the act; (iii) there is no proof that the standard area was determined by following the procedure prescribed under sections 4 & 5 of the act; (iv) the deputy collector did not record the evidence as per the requirement of the bombay land revenue code; (v) the evidence of talati was incompletely ..... the contract act. ..... recorded; (vi) no express show cause notice was issued regarding the order to be passed under section 9(3) of the act; (vii) the land was wrongly shown to be a fragment in the revenue record; (viii ..... 4 on 15-5-1971 has challenged the order passed by the deputy collector, baroda, under section 9(1) and section 9(3) of the prevention of fragmentation and consolidation of holdings act, 1947, as confirmed by the joint secretary to the government of gujarat (revenue department) in revision.2. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj183
..... the document, which is alleged to have been executed on 13.08.1967 is hit by the provisions of section 33 of the indian contracts act, 1872 and section 17 of the registration act, 1908, as, at the relevant time, the land in question was agricultural land and the same could not have been purchased by anybody else then an agriculturist, because section 54 of the saurashtra gharkhed ordinance ..... pandya referred to section 23 of the indian contract act, 1872, which reads as under:'what considerations and objects are lawful and what not - the consideration or object of an agreement is lawful unless - it is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any ..... the learned advocate submitted, unless it is proved that, there was no contract between the partners, it cannot be urged that, the 'firm' was ..... advocate submitted that, though in section 42 of the indian partnership act, 1932 it is provided that; on happening of certain contigencies, a firm stands dissolved.but then the opening part of the section is:'subject of contract between the partners.... ..... plaintiffs, while narrating the 'cause of action', have stated that on repeal of the urban ceiling act, 1976, it became possible to sale the land of ownership of the firm, the plaintiffs contacted defendant ..... village madhapar is the subject matter and for which exemption application under section 20 of ulc act was made, which is rejected on 22.05.1989, which we want to surrender to the government .....
Tag this Judgment!Court : Gujarat
Reported in : I(1998)DMC620; (1998)1GLR127
..... this is against the very tenet of principles underlying relations governing parties intra vivos whether it is a contract as understood under the provisions of the indian contract act, 1872 or otherwise. ..... that any unscrupulous husband or wife would be prompted to enter into a compromise and thereby wipe out all that have happened previously and then turn around and say that though the agreement is not acted upon, the party aggrieved by non-compliance cannot plead all that precede the agreement.10. ..... as the arrangement of settlement which depended upon the husband coming to take the wife alongwith two sureties acceptable to the wife's family did not materialise, the compromise could not be acted upon and that resulted into filing of criminal misc. ..... as noted above, the compromise was never acted upon and the compromise was only to the effect that wife will come back to the matrimonial home provided husband goes to bring her back with two sureties acceptable to the wife and her ..... however, what the learned additional sessions judge has lost sight of is about the fact that the so-called settlement was never acted upon. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)IILLJ1207Guj
..... has been registered under sub-section (1) shall be enforceable under this act notwithstanding anything contained in the indian contract act, 1872 (9 of 1872) or in any other law for the time being in force.' ..... ' not only that, the case is still within the definition of 'accident', however, where it appears that the employee precipitated the calamity by his own act, the consequences of the act, not being foreseeable by him; or where it is shown that the injurious consequences were intended by some third person, then in such a situation also, ..... whether appellant-devibehn, widow of workman, is entitled to compensation in a claim for compensation under the workmen's compensation act, 1923 ('the act') for the fatal employment injuries sustained by her husband, dudha raja, and unfortunately whose case is travelling in a long legal ..... review of the entire relevant case law on the point, it is desirable and it would be in accordance with the general rule that the provisions of the workmen's compensation act should be broadly and liberally construed, so as to advance the evident intent and purpose and not to retard them. ..... contracting out: any contract or agreement whether made before or after the commencement of this act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void insofar as if purports to remove or reduce the liability of any person to pay compensation under this act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj255
..... person or a surety or a creditor and under that section that subrogee would get the rights conferred under section 69 of the indian contract act, 1872 because it would be a payment made by a person interested; but in the case of subrogation under section 135-a, the insurer pays under his own contract of insurance and he is not interested in discharging the liability of the wrongdoer or the tortfeasor. ..... following observations were made:- 'an insurer or an underwriter of goods carried by sea or otherwise but covered by a policy of marine insurance, who on payment of partial loss under section 135-a(3) of the transfer of property act, 1882, is subrogated to the rights and remedies of the insured person to the extent of the payment, is not entitled to sue a carrier of goods or other wrong doer or tortfeasor in his own name ..... the indian contract act which suggests ..... , the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising our of the contract which he would have been entitled to make if the action had been brought in the name of the person by or on behalf of whom the policy was effected. ..... is not specifically stated that insurer would be entitled to file a suit in his own name as shown in sub-clause (2) of section 130 of the transfer of property act, it cannot necessarily be inferred nor could it be spelt out from the omission of such a sub-clause in section 135-a that the insurer after having paid the full amount .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1243
..... the term 'undue influence' has been defined in section 16 of the indian contract act, 1872 ('the contract act' for brief). ..... section 19a of the contract act empowers the suffering party to avoid such agreement or contract. ..... in that case, again the law of limitation prescribing the period of 30 years under article 61(a) of the act will be pressed into service for defeating the suit. ..... according to him, article 61(a) of the limitation act, 1963 ('the act' for brief) prescribes the period of limitation for a suit for redemption of mortgage to be 30 years and the starting point of limitation for the purpose would be when the right to redeem or recover possession accrues. ..... an agreement or a contract induced by undue influence is thus voidable at the instance of the party subjected to such undue influence. ..... by the judgment of the lower appellate court, his right of seeking redemption of his mortgaged property is just taken away by a stroke of pen which was never intended by the parties to the contract. ..... in mat view of die matter, according to the lower appellate court, the suit was filed beyond the prescribed period of limitation for the purpose under the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)9GLR104
..... it was decided that the law with regard to waiver is to be found in section 63 of the indian contract act, 1872. ..... the fact that section 108(o) which prohibits the lessee from using the property for a purpose other than that for which it was leased, has associated this prohibition with acts which are destructive or permanently injurious to property or its product, indicating that the kind of change of user which is intended to be prohibited is the one which would be destructive or permanently injurious to property or its product.7. ..... other than that for which it was leased, or fell or sell timber, pull down or damage buildings belonging to the lessor, or work mines or quarries not open when the lease was granted, or commit any ether act which is destructive or permanently injurious thereto:xx xx xx xxmr vakil contended that the expression at the end in clause (o) ' which is destructive or permanently injurious thereto' is intended to govern only the words 'commit any other ..... in his submission, when the opponents passed the lease in 1955 in favour of the landlords, it created a fresh contract between the parties and what the plaintiffs are complaining is the use of these premises after the contract was entered into which use, according to the landlord, is not the one for which the premises were let by the rent-note of 1955. ..... the clause deals with voluntary waste and imposes a liability similar to that imposed upon bailees by sections 151 and 154 of the indian contract act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR82
..... is violative of the provisions of section 28 of the contract act, 1872. ..... lease for life or a condition of the life tenancy in the lease deed or a tenancy cannot be said to be contrary to the provisions of law or against the spirit of the bombay rent act or contrary to the provisions of section 28 of the contract act. ..... 28 of the contract act reads as under ..... lease for life, it can safely be concluded that there is no infraction of the provisions of section 28 of the contract act. ..... : every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that ..... a landlord has entered into a permanent lease or a life time tenancy by contract with the tenant, then it is not hit by the provisions of section ..... the lease for life of the tenant is a matter of contract under which the termination of tenancy is not allowed during the life time of the ..... could not be contended that the aforesaid expression employed in section 13(1) by the legislature would mean that a landlord who has entered into a life lease or a permanent tenancy by free volition in contract is also hit by the provisions of section 13(1) of the bombay rent act.7. ..... contract of lease for life is permissible and legal, it cannot be objected to by the landlord contending that it is hit by the provisions of section 13 of the bombay rent act. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(62)ELT495(Guj)
..... view of the aforesaid proposition laid down by the division bench of this court, the petitioner in order to succeed to sustain the claim under section 72 of the contract act, 1872 must prove that the petitioner had made payment under mistake of law or, that under coercion, compulsion or pressure. ..... even assuming for a moment that the petitioner's case is required to be considered on the basis that the petitioner has been able to prove all the ingredients of section 72 of the contract act, then also, it would not be proper for this court to exercise its extraordinary jurisdiction under article 226 of the constitution of india to grant relief to the petitioner after a period of about ..... is also on account of the failure to fulfil the conditions to succeed while making claim under section 72 of the contract act. ..... the petitioner contends that as per the provisions of section 11b of the central excises & salt act, 1944, the petitioner would not be in a position to claim refund of duty paid because the said provisions prescribe limitation period of six ..... 18a was added to the first schedule to the central excises & salt act, 1944 providing for levy of duty on cotton twist, yarn and thread of ..... as far as the challenge to the constitutional validity of section 11b of the act is concerned, the question is decided against the petitioner by a division bench of this court in the case of wigman electrical engineering ..... the first schedule to the act was amended by finance act of 1972 when tariff item .....
Tag this Judgment!Court : Gujarat
Reported in : [1998]92CompCas910(Guj); (1996)3GLR147
..... while examining the question regarding the provisions contained under section 16 of the contract act, 1872, and that too, in respect of undue influence, the supreme court has made it abundantly ..... the civil procedure code, 1908 (c) whether the provisions contained under section 17(1)(b) of the limitation act, 1963, would bring the petition, within the prescribed time-limit, on the ground that the knowledge of the right upon which the petition is founded was concealed by the fraud of the respondent (d) whether no period ..... contentions raised at the bar, the following questions fall for my consideration and decision : questions : (a) 'whether the petition appears prima facie, to be barred by the law of limitation, regard being had to article 137 of the limitation act, 1963 (b) whether the 'averments of fraud' said to be made in the petition can be said to be 'averments of fraud in the eye of law' regard being had to the provisions contained in order vi, rule 4 of ..... void (e) whether the petition requires to be admitted on the ground that the petitioners have been able to satisfy that they have sufficient cause within the meaning of section 5 of the limitation act, 1963 (f) whether in the alternative to question (e), it can be said that, the alleged transaction being a continuing wrong, a fresh period of limitation begins to run at every moment of time during which the .....
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