Court : Karnataka Kalaburagi
..... minors and the transactions were entered on the basis of fraud and misrepresentations. it is under such circumstances referring to sections 11 and 65 of the indian contract act, 1872, the courts in those judgments have held the transactions to be void, invalid and unenforceable. the fact situation in the said cases is completely different ..... promises. it is in this inherent requirement of protecting the interest of minor, age of majority being component of competency to enter into contract is mandated under section 11 of the indian contract act.28. thus, in the instant case, the execution of deeds of sale at ex.p1 and ex.p2 by defendant along with ..... [1916 (xxxviii) ilr allahabad 62 at 69].; and firm of geneshdas bhiwaraj vs. suryabhan [1917 vol. 39 indian cases 46]..21. the position in law, thus, under the transfer of property act read with the indian contract act is that "the acquisition of property being generally beneficial, a child can take property in any manner whatsoever either under .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... passed by the trial court as well as the first appellate court contended; i) that having regard to sections 68 and 111 of the evidence act and section 16(1) and (3) of the indian contract act, 1872 the onus is on the defendant to show that he has not unduly influenced the plaintiff and he ought to have discharged the proof of due ..... will of the other. nothing in the sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872)." (emphasis supplied) 17. a combined reading of section 111 of the evidence act and section 16(1) and (3) of the indian contract act makes it clear that in view of the allegations of fraud made by the plaintiff and the circumstances ..... are considered as under:26. 1 in the case of ningawwa10 the hon'ble supreme court has held as follows:30. /p>"7. section 16(3) of the indian contract act says that where a person who is in a position to dominate the will of another enters into a transaction with him which appears, on the face of it or .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the lands in question were the subject matter of dispute before the land tribunal and the contract entered into with the defendant for purchasing the property is squarely covered under the inhibition found in section 32 of the indian contract act. he has argued that the plaintiff has not produced any material to show that the ..... when exactly the litigation would come to an end. section 32 of the contract act, 1872, speaks about enforcement of a contract contingent on an event happening. the same being relevant, is extracted below: 32. enforcement of contracts contingent on an event happening. contingent contracts to do or not to do anything if an uncertain future event happens, ..... appellant is that no substantial question of law has been framed in regard to inhibition found in section 32 of the contract act to enforce the relief of specific performance based on a contingent contract. both the parties knew very well that the lands in question were the subject matter of dispute before the land .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... coupled with interest vide ex.pl. in this view 01 the matter, the power of attorney executed vide ex.pl is irrevocable. in view of sections 201 and 202 of indian contract act 15. a few important clauses incorporated in ex.p2 inhibit the defendant to revoke the power of attorney and agreement of sale. the defendant has taken a specific plea that ..... the case of maharudrappa .v. mahadevappa (2013 (3) kar.l.j. 684) has dealt with article 54 of the limitation act. in paragraph 12 of the said decision, it is held that normally time is not the essence of the contract in respect of immovable properties, and it is clarified that the same does not give leverage to file a suit at ..... called for and if so, to what extent? reasons 6. point no.1: article 54 of the limitation act governs the period within which a suit for specific performance is to be filed. normally time is not the essence of the contract in respect of immovable properties; but the party who intends to argue that time was the essence of the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . (2) an agreement for the payment of compensation which 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. 13 section 29. effect of failure to register agreement,- where a ..... public policy. apart from this general principle of law, which is well established, there is in section 17 of the act a clear prohibition against contracting out and, accordingly, any contract or agreement whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the ..... any payment in the nature of ex-gratia compensation, whether made under any other statutory provision or under contract. we further hold that the compensation which is determined payable to the workman under the act is not reducible on account of such payment though deduction or repayment contemplated statutorily under section 8 only, .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... law obtaining in england, america and australia that money paid under a mistake of law could not be recovered and that was also the intendment of s.72 of the indian contract act.24. we are of opinion that this interpretation put by their lordships of the privy council on s.72 is correct. there is no warrant for ascribing any limited meaning ..... party money which is not due then that money must be repaid. the court observed and held in paras 9, 10 & 24 as follows:- 9. section 72 of the indian contract act is in the following terms: a person to whom money has been paid, or anything delivered by mistake or under coercion, must repay or return it. 10. as will be ..... is devoid of merits and is contrary to settled law.20. further, in this regard a useful reference could also be made to the provisions of section 72 of the indian contract act. which reads 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 been paid, .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... revoked. it is also not the case that the gift was vitiated or caused by fraud, coercion, misrepresentation or undue influence as per section 19 and section 19(a) of indian contract act, 1872. it is not even the case of the parties who are r.s.a.no.200221/2015 c/w.r.s.a.no.200220/2015 68 challenging the gift that ..... the said gift was hit by section 20 of indian contract act. therefore, the unilateral revocation of the gift which falls out of the ambit of section 126 of t.p.act, as in the instant case, is not a valid revocation. therefore, the fourth substantial question of law is answered holding ..... as aforesaid, a gift cannot be revoked. however it may also be noticed that in the event the case falls under section 20 of the contract act, the gift will be void ab initio and in such a situation, the question of avoiding it does not arise. there is no recital contained in the gift deed as .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... revoked. it is also not the case that the gift was vitiated or caused by fraud, coercion, misrepresentation or undue influence as per section 19 and section 19(a) of indian contract act, 1872. it is not even the case of the parties who are r.s.a.no.200221/2015 c/w.r.s.a.no.200220/2015 68 challenging the gift that ..... the said gift was hit by section 20 of indian contract act. therefore, the unilateral revocation of the gift which falls out of the ambit of section 126 of t.p.act, as in the instant case, is not a valid revocation. therefore, the fourth substantial question of law is answered holding ..... as aforesaid, a gift cannot be revoked. however it may also be noticed that in the event the case falls under section 20 of the contract act, the gift will be void ab initio and in such a situation, the question of avoiding it does not arise. there is no recital contained in the gift deed as .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of his father. the question payment of time barred debt was neither pleaded nor involved. the said decision is not on the point of section 25(3) of the indian contract act 1872.28. the learned counsel for appellant relied upon another decision of hon'ble supreme court reported in * corrections carried out vide court order dated:22. 2/2021 31 ..... extract relating to the loan account of the accused.24. the learned counsel for the complainant tried to make out a case under section 25 (3) of the indian contract act 1872 stating that,* as the accused issued the cheque,* it amounts to admission on the part of the accused to pay the time barred debt. but such a contention ..... with interest then he is liable to pay the amount. e) the death of father of the accused has no consequence in view of section 25(3) of indian contract act, *1872 the issuance of cheque by the accused saved limitation for the recovery proceedings by the complainant-bank. f) the trial court has wrongly came to the conclusion that .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... coupled with interest vide ex.p1. in this view of the matter, the power of attorney executed vide ex.p1 is irrevocable. in view of sections 201 and 202 of indian contract act.15. a few important clauses incorporated in ex.p2 inhibit the defendant to revoke the power of attorney and agreement of sale. the defendant has taken a specific plea that ..... the case of maharudrappa .v. mahadevappa (2013 (3) kar.l.j.684) has dealt with article 54 of the limitation act. in paragraph 12 of the said decision, it is held that 12 normally time is not the essence of the contract in respect of immovable properties, and it is clarified that the same does not give leverage to file a suit ..... , to what extent?. r e a s o n s6 point no.1: article 54 of the limitation act governs the period within which a suit for specific performance is 9 to be filed. normally time is not the essence of the contract in respect of immovable properties; but the party who intends to argue that time was the essence of the .....
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