Court : Orissa
Reported in : AIR1959Ori188
..... while the english act contemplates a coercion and fraudulent device, the indian act under sub-section (2) of section 123 intends to cover both 'coercion' and 'undue influence' as understood by 'the statute law, that is, the indian contract act (act ix of 1872). ..... something which may be severe about another person, nor which may be unjustifiable, nor which may be derogatory, unless it amounts to a false statement of fact in relation to the personal character or conduct of such candidate; and i think the act says that there is a great distinction to be drawn between a false statement of fact, which affects the personal character or conduct of the candidate, and a false statement of fact which deals with the political position or reputation or action ..... the other case relied upon is the case of air 1958 all 596.in this case also it was similarly held that section 100 of the representation of the people act required that in addition to the proof of the commission of the corrupt practices, the election petition must also allege and establish that the result of the election has been materially affected by the commission of that ..... held that the language used in section 100 renders an election void on the ground that the result of the election has been materially affected by non-compliance with the provisions of the representation of the people act or the rules framed thereunder.it is not rendered void by non-compliance with the rules which may have materially affected the result. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori100
..... by this act, section 72 which doubtless underwent certain changes as far as is necessary for the present purposes lays down that the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (act ix of 1872). ..... thereafter the plaintiff put in claim under section 77 of the indian railways act (act iv of 1890) (hereinafter referred to as the act) and received a reply from the railway administration under the date 13-2-1956 that the matter was receiving their ..... panda lastly sought to rely on the provisions of section 106 of indian evidence act and contended that since certain facts were within the special knowledge of the defendant-railway administration, they should have adduced evidence to that ..... section 80 of the act gived an option to the plaintiff to sue either the railway administration with whom the contract was made or the railway administration on whose railway the loss occurred.the plaintiff in this case exercised his option and sued the defendant- ..... the act underwent certain major changes by the indian railways (amendment) act, 1949 (acb lvi of 1949 ..... that liability has been fixed, the railway cannot argue that it had not entered into contract with the persons who made the consignment because such a contention is now invalid in view of the provisions of section 74-e of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori113
..... a railway administration for the loss, destruction or deterioration of the goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, before the amendment under the old sub-section (2) , the responsibility or the railway administration was subject to the execu-tion of risk notes which were in the form ..... and gomo is 445 miles and it has not been alleged by the plaintiff that there was any delay while the goods were on the rails of the east indian railways, the distance from gomo to cuttack via kharagpur is 332 miles and the actual time taken for this consignment to reach gomo from kanpur was from 26-4-1951 ..... railway administration for carriage by railway and the railway administration provides for the carriage of such animals or goods either at the ordinary tariff rate ( in the act referred to as the railway risk rate ) or in the alternative at a special reduced rate ( in the act referred to as the owner's risk rate) the goods shall be deemed to have been tendered to be carried at owner's risk rate, unless the sender ..... course was without prejudice.the plaintiff accordingly preferred a claim under section 77 of the indian railways act (act ix of 1890) on june 16, 1951, and also served a notice under section ..... 222), certain amendments were made to the indian railways act (act ix of 1890) (hereinafter referred to as 'the act') by the amending act no. .....
Tag this Judgment!Court : Orissa
Reported in : [1972]84ITR351(Orissa)
..... act says that expressions used but not defined in that act and defined in the indian contract act, 1872, have the meanings assigned to them in the contract act. ..... the following question has been referred by the income-tax appellate tribunal (hereinafter to be referred to as 'the tribunal') under section 66(1) of the indian income-tax act, 1922 (11 of 1922) (hereinafter to be referred to as 'the act'):'whether, on the facts and circumstances of the case, the inclusion of the amount of sales tax debited by the assessee to the purchase account and in view of the admission made by the assessee regarding ..... desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise (section 2(d) of the contract act). ..... turnover' prior to its amendment by the orissa sales tax (amendment) act, 1950, (orissa act 24 of 1950), stood thus:' 'turnover' means the aggregate of the amounts of sale prices received and receivable by a dealer in respect of sale or supply of goods or carrying out of any contract, effected or made during a given period.'12. ..... in the sales tax act is to be construed in the same sense as in the indian sale of goods act (see state of ..... the taxable income would be determined by deducting from the gross income all deductible expenditure under sections 10(1) and 10(2)(xv) of the indian income-tax act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori161; [1994]80CompCas57(Orissa)
..... the rights and liability of the parties are governed by the provisions in sections 172 to 179 of the indian contract act, 1872. ..... , wherein it was held inter alia, that the precondition of verification of genuineness of pledged articles imposed, preventing the plaintiff from recovering the amounts due to it is against the rights of the pawnee recognised under section 176 of contract act and this is an aspect which is foreign to the nature of the suits, and it is left to be considered in appropriate proceedings which would be dependent upon what would transpire when the jewels are returned to defendants. ..... 172 to 176 of the contract act. ..... in section 174 it is laid down that the pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged; but such contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee. ..... result would be that he would recover the debt and also retain the goods pledged and the pawner in such a case would be placed in a position where he incurs a greater liability than he bargained for under the contract of pledge. ..... sections 176 and 177 of the act which, in my view, are of particularly significant in this case are quoted hereunder ; '176. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori23; 78(1994)CLT716
..... - (1) no person shall be admitted as a member of- (a) a primary society, except individuals competent to enter into a contract under section 11 of the indian contract act, 1872, residing in the area of operation of the society as specified in its bye-laws, and the state or central government, or both such governments, as the case may be : ..... may, 1994, is nothing but a malicious act on the part of the managing director for expousing the cause of shri mohapatra who had been installed twice, but has been prevented because of the orders of the court from functioning ..... as the members of the apex body without examining the requirement of sound, business of those non-housing primary societies, firms and private limited companies, is contrary to section 7 of the act and such decision on the eve of the election notice, election notice having been issued on 17th of may, 1994, and the order admitting new societies having been made on 16th of ..... the society- (i) if in the opinion of the registrar, the committee of any society persistently makes default or is negligent in the performance of the duties imposed on it by this act or the bye-laws, or commits any act which is prejudicial to the interest of the society or its members, or is otherwise not functioning properly the registrar may, after giving the committee a reasonable opportunity of being heard within .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori186; 1995(I)OLR96
..... the answer to the question depends on the interpretation and inter play of relevant provisions of the indian contract act, 1872 (for short, 'the act'). ..... been used therein; that there is no conflict between the provisions of section 72 on the one hand and sections 21 and 22 of the contract act on the other; that the true principle is that if one party under a mistake, whether of fact or law, pays jo another party money which is not due ..... kanhaiya lal mukund lal saraf, reported in air 1959 sc 135 in which the court ruled that the term 'mistake' used in section 72, contract act, has been used without any qualification or limitation whatever and comprises within its scope a mistake of law as well as mistake of fact; that there is no warrant for ascribing any limited meaning to the word 'mistake' as has ..... venkatarama gopala iyer, reported in air 1963 madras 231, interpreting section 72 of the contract act held that even where the parties enter into a contract by reason of mistake in law but such a contract has been performed, it would be extremely inequitable for the party who accepts the benefit of the contract, to claim the amount on the_footing_ that the payment thereunder was under a mistake of law without restoring the other party to his original position and the_refore_any payment .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori224; 1995(I)OLR439
..... additionally, in the backdrop of section 23 of the indian contract act, 1872 the condition is unsustainable. 5. ..... it is untenably heresy to lock-jaw the victim or act behind his back by tempting invocation of urgency, unless the clearest case of public injury flowing from the least delay is self-evident. ..... there is a statute (orissa government land settlement act, 1962) which regulates such grants. ..... while dealing with state's property or largesse, the authority dealing with it has to act fairly. .....
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ134
..... the pivotal issues which were considered by the learned subordinate judge were, (a) whether the contract of insurance was invalid due to non-disclosure of the real state of health of the assured as provided under section 45 of the act and (b) whether the contract is invalid under sections 13 and 14 of the indian contract act, 1872 (in short, 'the contract act'). ..... fraud, according to section 17 of the contract act, means and includes, inter alia, any of the following acts committed by a party to a contract with intent to deceive another party or to induce him to enter into a contract: (i) the suggestion as to a fact, of that which is not true by one who does not believe it to be true; (ii) the active concealment of a fact by one having knowledge or belief of the ..... which it was material to disclose....it is to be noticed that the operating part of section 45 states in effect, so far as it is relevant for the purpose of this case, that no policy of life insurance effected after the coming into force of the act shall, after the expiry of two years from the date of which it was effected, be called in question by an insurer on the ground that a statement made in the proposal for insurance or in any report of a medical officer, or referee, or ..... principle underlying the explanation to section 19 of the contract act is that a false representation, whether fraudulent or innocent, is irrelevant if it has not induced the party to whom it is made to act upon it by entering into a contract.6. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR66
..... case (supra) in paragraph 16 it has been held by the apex court that section 7 of the indian contract act 1872 requires that the acceptance of the offer must be absolute and unqualified, and it cannot be conditional. ..... the registered letter being that it was refused on 5-7-1978, a presumption under section 114 of the indian evidence act, 1872 (in short, the 'evidence act') was available to be drawn and view of unchallenged evidence that plaintiff no. ..... it is trite, that the conclusions arrived at on factual aspects are not to be interfered with in an appeal under section 100 of the code, where the lower courts have acted on presumptions or have arrived at conclusions which are not available to be drawn on the materials on record, or are perverse, the high court can interfere under section 100 of ..... shall be brought against any municipal councilor, the chairman, executive officer, any councilor, officer or servant, in respect of any act done or purporting to be done in execution or intended execution of this act or any rule, regulations, bye-law, or order made under it or in respect of any alleged neglect or default in the execution of this act or any such rule, regulations, bye-law or order, until the expiration of two months next after notice in writing stating the ..... relying on the observations made by the apex court in jawharlal's case (supra), it is submitted that the contract was a completed one and it was enforceable, and therefore, even if the agreement was not executed, that is .....
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