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..... state the law in view of the compelling public need whe an occasion arises. ss. 70 and 72 occurring in chapter 5 of the contract act relating to quasi-contracts cannot be effectively employed in working out the right between the state and the citizen, in particular when tax was collected under unconsitutional law ..... for refund of tax or fee, paid in pursuance of a statutory provision, does not fall under section 72, since the concept of either a contract or a quasi-contract is inappropriate to such a situation. however, in view of the decision of the supreme court in sales tax officer v. kanhaiya lal, : ..... they would get the refund of excise duty paid by them to the revenue. that is not the object with which s. 72 of the contract act is enacted............'we respectfully agree with every word inthe said boservations. indeed, they correctly echo our thoughts, and give expression to our view. in ..... the principles to the present case, it is manifest that the appellant would have been entitled to compensation under s. 70 of the indian contract act if he had adduced evidence in support ofhis claim, but the trial court has examined the evidence on this point and reached the conclusion that ..... on a different kind of obligation. the juristic basis of the obligation in such a case is not founded upon any contract or tort but upon a third category of law, namely, quasi-contract or restitution. in bibrosa v. fairbairn 1943 ac 32, lord wright has stated the legal position as follows :- '........... .....
..... and ensure refund or return of such amount. sections 65, 70 and 72 are the bedrock of the above doctrine of law which, under english law, are called quasi-contracts and, under the indian contract act. 'have received statutory recognition.43. the relevant clause in the agreement of 1941 (ex. 1) which is regarding royalty, excise duty and income-tax, is clause 6 so ..... the effect of the conditions prescribed by section 70.39. their lordships of the supreme court, again, authoritatively laid down, in what circumstances, section 70 of the contract can be invoked and act termed it as quasi contract or restitution, in mulamchand v. state of madhya pradesh : [1968]3scr214 by observing as under:but, if money is deposited and goods are supplied or if ..... tort but upon a third category of the law, namely quasi-contract or restitution.40. the following observations made in nelson v. larholt (1948) 1 kb 339 by lord denning have been approved by their lordships of the apex court while dealing with section 70 of the contract act in mulamchand v. state of madhya pradesh (supra).remedies now depend on the substance of .....
..... so unsustainable a proposition, that assuming there was a relationship such as that which is contemplated in clause (1), section 16 of the contract act, or such a quasi relationship, once established, the onus would not rest upon the party who held that position towards the person who sought to avoid the deed ..... arises, eases of this kind are to be governed. they have been recognized in india in the contract act, which provides that every person is capable of contracting, who is of the age to contract, and who contracts of his own free consent, which means when his consent has not been obtained or caused by (1 ..... up the doctrine, story remarks in para. 238 and says: 'the doctrine, therefore, may be laid down as generally true 'that the acts and contracts of persons who are of weak understandings, and who are thereby liable to imposition, will be held void in courts of equity, if the nature of ..... the act or contract justify the conclusion that the party has not exercised a deliberate judgment, but that he has been imposed upon, circumvented, or overcome by ..... would support and recognise. no doubt there is one class of cases in which there being no fiduciary or quasi fiduciary relation between the parties, courts of equity have interfered with contracts into which the persons claiming relief have entered upon various grounds. but in such cases they have required that .....
..... maintained . admittedly the petitioner has failed to do so. 17. in our opinion, thus, the provisions of section 70 of the contract act namely the principles of quasi contract would not be attracted in a case of this nature. 18. it is not a case where the petitioner has rendered some service not ..... service wherefor some backup was necessary. mr. sanjeev sagar would urge that in a case of this nature the principles of quasi contract, as contained in section 70 of the indian contract act, should be invoked. we are not in a position to accept the said contention. the petitioner has filed this petition ..... equipment. 6. gails standard terms and conditions given in the sla draft already forwarded at your end apply. 5. in terms of the said contract, the petitioner raised four invoices. it is, however, admitted except payment of the first invoice, the respondent did not make any other payment. we ..... from 1.7.2004 till realization thereof. the said claim of the petitioner is based on the premise that the parties hereto entered into a contract for grant of lease in bandwidth capacity and for the said purpose the respondent issued a purchase order for 2 mbps connectivity from gail vadodra ..... inter alia for enforcing a contract. we have noticed heretobefore that parties had agreed that service level of the petitioner would be maintained .....
..... anr. v. state of gondal by his highness the maharaja of gondal and ors air 1950 pc 99 @ 104. as hereunder:'the section is part of a chapter of the contract act devoted to 'quasi contract'. the phrase itself is no doubt taken from a familiar branch of the english common law, although there is no reason to suppose that the indian ..... the plaintiff and defendant no. 2 on the strength of the findings recorded by the lower courts and also section 69 of the contract act, it has to be held that there is a relation resembling that of the contract between plaintiff and 2nd defendant and he can in law sustain the claim for recovery of the amount from the 2nd defendant. the ..... reimbursement.7. in addition to dealing with the rights and liabilities of parties arising out of contract, chapter v of the indian contract act (for short 'the act') also contains provisions which create certain relationship resembling those created by contract. one of those provisions is in section 69 of the act which reads as hereunder:'69. a person who is interested in the payment of moneys ..... contract act was intended to do no more than to reproduce the compendious phrases the precise doctrines of the english law of contract. but the general purport of the action is reasonably clear: to afford to .....
..... on the respondent no.1 to prove the same. it may be true, that having regard to the provisions of section 70 of indian contract act, a party to a quasi contract must restore the benefit received from the other party. it is, however, not a case where supply of any goods or services were ..... local cable operator and the consideration for supply of signals to its network was fixed, the question of invoking the principles of quasi contract as envisaged under section 70 of the indian contract act would not arise. it is true, that the respondent no. 1has not been able to establish that the respondents and/or ..... arrangement(s) with the partnership firm which per se has nothing to do with the terms of the deed of partnership. illegality of such a contract has not been pleaded. effect of such an arrangement also has not been pleaded. indisputably there is no written agreement. admittedly again the respondent no ..... mr kathpalia, namely that the same is barred under sections 91 and 92 of the indian evidence act. section 91 of the evidence act forbids adduction of evidence in proof of the terms of a contract except the document itself or secondary evidence of its contents. the said provision provides for certain exceptions ..... made by way of a mistake and/or in respect of the goods which were stricto sensu not the subject matter of the contract. if the .....
..... respect of that property. in truth section 69 invites no such judicial limitation. the section is part of a chapter of the contract act devoted to 'quasi contract.' the phrase itself is no doubt taken from a familiar branch of the english common law, although there is no reason to suppose that ..... seksaria. indeed it was on their representation that the assessment of the mills was reduced.16. the result is that section 69 of the indian contract act affords to the appellant company an additional right of recourse against the trustees, since its discharge of the outstanding taxes exonerated the trustees who were ..... necessary to consider what are the rights of the company. in their lordships' view those rights are to be found in section 69 of the indian contract act. that section runs as follows : a person who is interested in the payment of money which another is bound by law to pay, and ..... the sums demanded it had no interest which the law recognised in the mill property prevented any right arising under section 69 of the indian contract act, 1872. for some reason which is not clear to their lordships the learned judges appear to have considered that a person could not be ..... the indian contract act was intended to do no more than to reproduce in compendious phrases the precise doctrines of the english law of contract. but the general .....
..... of that property. in truth, s. 69 invites no such judicial limitation. the section is part of a chapter of the contract act devoted to "quasi contract." the phrase itself is no doubt taken from a familiar branch of the english common law, although there is no reason to suppose that ..... to mr. seksaria. indeed it was on their representation that the assessment of the mill was reduced. 16. the result is that s. 69, contract act, affords to the appellant company an additional right of recourse against the trustees, since its discharge of the outstanding taxes exonerated the trustees who were primarily ..... that it would assert its legal rights against him, either for breach of his obligation under s. 55 (1) (g), t. p. act or under s. 69, contract act (a section which will be more fully considers later). but why should it? the facts spoke for themselves and the immediate purpose both of mr ..... to the municipality the sums demanded it had no interest which the law recognised in the mill property prevented any right arising under s. 69, contract act. for some reason which is not clear to their lordships the learned judges appear to have considered that a person could not be "interested in ..... the indian contract act was intended to do no more than to reproduce in compendious phrases the precise doctrines of the english law of contract. but the general .....
..... what are classed under that category in the statement of the law in halsbury's laws of england would be known as quasi contracts under the indian contract act. it will be more appropriate to term grants which are the creatures of statutes as legislative grants. we, however, agree ..... on the tenure the character of a grant, that would be sufficient to attract article 31-a, the argument being that a grant like a contract could be not merely express or implied but also constructive. he quoted the following statement of the law in halsbury's laws of england, volume ..... jodhpur should be made with the approval of the resident or agent to the governor-general of rajputana, but that was a matter between the high contracting parties, and did not affect the status of the bhomicharas. on the other hand, it emphasises that they were themselves without any semblance of ..... of the parties, and sometimes even in opposition to their expressed or presumed intention. strictly speaking the latter class, or constructive contracts, as they are sometimes called, are not true contracts at all, since the element of consent is absent, but by a fiction of law, invented for the purposes of pleading ..... appoint a date for the resumption of any class of jagir lands and different dates may be appointed for different classes of jagir lands.' 2. acting under this provision, the state of rajasthan issued notifications resuming the jagirs specified there in, whereupon petitions under article 226 of the constitution were filed .....
..... the assessee and the tenant, the matter will have to be decided in the light of the relevant provisions contained in indian contract act dealing with quasi-contract. it is an undisputed fact that the assessee gave notice to the tenant before the expiry of the lease for vacating the premises. ..... and had not conveyed any dissent, it had accepted the new terms. the court accordingly held that it shall be deemed that it was a completed contract between the parties and after 31-7-1984, the rate of rent in respect of the premises in question for the period it remained in occupation of ..... to tax under the head income from property is to be processed in accordance with the provisions contained in sections 22 to 27 of the act. section 22 of the act provides that income from the house property to its owner should be computed on the basis of the annual value of the property, which under ..... rs. 7,280 per month. the assessee is also not entitled to deduction in respect of the disputed rent under section 24(1)(x) of the it act, 1961 read with rule 4 of the income-tax rules as the various conditions prescribed under rule 4 are not satisfied in the present case. he, therefore ..... assessee subsequently served notice on the fci demanding the amounts due as mentioned in the bill and requested the fci to vacate the premises. the fci did not act on the aforesaid notice and, therefore, the assessee filed suit for recovery before the third additional district judge, moradabad. the issue was decided in favour of .....
..... the chargeability of which was in question in the decisions cited for the respondent, were all payments made as compensation for the termination of agency contracts, whereas we are concerned with an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of his business, and that, in our judgment, makes all the difference ..... and constitutes only source of its business income and it is economically dependent on the assessee. iii). the distribution agreement between the assessee and amadeus india is essentially an agency contract for three reasons: a) under the distribution agreement the assessee has supplied huge quantities of equipment to amadeus india but not by way of sale. the assessee continues to ..... in the character of the receipt. in an agency contract, the actual business consists in the dealings between the principal and his customers, and the work of the agent is only to bring about that business. in other words ..... its obligation under the distribution agreement efficiently. such authority does not, however, result in altering the nature of an independent service contract to a contract of agency. the definition of "subscriber" in the distribution agreement only states that the person contracting aipl to receive access to the appellant's crs would be a subscriber. the said definition cannot be read to mean .....
..... paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of his business, and that, in our judgment, makes all the difference in ..... the only business of the respondent and the contract had at the time of the settlement still a period of 23 years to run. it will be seen that the receipts, the chargeability of which was in question in the decisions cited for the respondent, were all payments made as compensation for the termination of agency contracts, whereas we are concerned with an amount ..... cas. 608 and the commissioner of income-tax and excess profits tax, madras v. the south india pictures ltd., karaikudi [1956] s.c.r. 223. the fact is that an agency contract which has the character of a capital asset in the hands of one person may assume the character of a trading receipt in the hands of another, as, for example ..... for its termination would be a revenue receipt, irrespective of whether its performance was to consist of a single act or a series of acts spread over a period, and in this respect, it differs from an agency agreement. 23. in holding that compensation paid on the cancellation of a trading contract differs in character from compensation paid for cancellation of an agency contract, we .....
..... the chargeability of which was in question in the decisions cited for the respondent, were all payments made as compensation for the termination of agency contracts, whereas we are concerned with an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of his business, and that, in our judgment, makes all the difference in ..... the character of the receipt. in an agency contract, the actual business consists in the dealings between the principal and his customers, and the work of the agent is only to bring about that business. in other words, ..... under this agreement. the categories of information which may be required include, but are not limited to: (c) a list of subscriber contracts terminated or due to expire in the forthcoming year; (h) the standard terms of any subscriber contracts, including the amount and terms of any payment. 14.4 after consultation with galileo, inter globe shall produce an annual marketing plan ..... is a control of the appellant over interglobe as on termination of the distribution agreement, interglobe's contracts will get assigned to the appellant is erroneous. this clause applies only upon termination of the distributorship agreement. it is a standard clause to protect a contracting party in the event of an agreement being terminated on account of the insolvency of the other party. it .....
..... paid or has been received in respect of fixed or circulating capital. to determine that question, particularly in case of payments received on termination of agency contracts, the enquiry to be made is, were the cancelled contracts ordinary commercial contracts made in the course of carrying on the taxpayers trade or were they such a affected the whole structure of the profit-making apparatus ..... the chargeability of which was in question in the decisions cited for the respondent, were all payments made was compensation for the terminations of agency contracts, whereas we are concerned with an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of his business, and that, in out judgment, makes all the difference ..... a normal incident of the business, and much cancellation leaves him free to carry on his trade (freed from the contract terminated) the receipts revenue. where by the cancellation of on agency the trading structure of the assessee is impaired, or such cancellation results in loss of what may be regarded as the source of the assessees income, the payment ..... after the agreement of august, 1946, the company had entered into a sub-agency agreement with goodwill pictures. in view of the termination of the agreement between the producer and the company, the latter was not in a position to carry out its obligation under the contract with goodwill pictures and, consequently with a view to settle the matter with goodwill .....
..... their direct employees. if on the other hand they continue to employ the security guards through the agencies, the only remedy they have is to call upon the agency to change the security guard concerned and in case it fails to do so, to terminate the agencies' contract. compared to the situation in which the employers are at present or would find themselves if they ..... are not monthly workers and monthly workers are defined as those who are engaged by the registered employers or group of such employers on monthly basis under a contract which requires for its termination at least one month's notice on either side. the monthly workers raised an industrial dispute with regard to the payment of bonus and incremental scales of pay ..... time, the employers have to be content with the security guards supplied by an agency on account of his contract with such agency. it is true that even during this period, the employer, if he has reserved such right, can terminate the contract. it may be mentioned in this connection that no agency or employer produced - any agreement before the court and therefore it was not ..... possible to ascertain what exactly were the terms of the agreement between the employers and the agencies. but there is also a provision under clause 31 of the .....
..... government of india is clear also from the various stands taken by the bofors including their subsequent claim made sometime after april, 1987, that consequent upon this prohibition, they had terminated their agency contracts with agents abroad also purportedly during january-march, 1986 and paid them, purportedly, 'winding up costs'.(26) in para 8 of the fir, it has been alleged that ..... or bribes having been paid to anyone. (xii) mere suspicion as regards existence of middleman and/or payment of commission does not constitute sufficient ground for initiating action to terminate the contract with bofors or to raise claims for the reimbursement to government of payments made by bofors to the three foreign companies. this is also the view of the attorney- ..... made payments out of its own resources as alleged by the cbi to their former agents as winding up charges or commission in whatever form may be for termination of the earlier existing contract, it would not constitute any criminal offence. besides as stated earlier, svenska inc had been representing bofors not only for promoting sales in india but also in ..... and bofors committed forgery by dishonestly indicating in the documents published in 'the hindu' that they had terminated the agencies of all their agents. thus, there was a criminal conspiracy between the bofors and their named and un-named persons.(95) as stated earlier the contract between the government of india and bofors was entered into on 24th march, 1986. as pointed .....
..... law to be drawn from those facts.'' 9. after pointing out that there was a difference between a payment made as compensation for termination of an agency contract and an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of business, the supreme court went on to indicate what that difference was like and ..... of an agency contract and an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of business. in an agency contract the actual business consists in the dealings between the principal and his customers, and the work of ..... his stock-in-trade. in other words, it is not as if that simply because an agency contract is terminated any compensation that might be received for such termination would necessary amount to a capital receipt because, as has been pointed out by the supreme court, an agency contract, which has the character of a capital asset in the hands of one person may assume the ..... on this question the relevant part of the headnote runs as follows : 'there is a difference between a payment made as compensation for the termination .....
..... of time, no interim arrangement under section 9 of the act is permissible, that even if for argument sake, it is held that the termination of the agency contract is bad in law or contrary to the terms of the agreement, the loss sustained by respondent no. 1 can be compensated by cost ..... in such a situation, there is no scope to say that loss if any of the 'respondent no. 1 in view of the alleged termination of the contract cannot be quantified or compensated by money. that being so, the alleged injury is not irreparable in nature.10. the mining lease stands in ..... balance of convenience automatically tilts in favour of the appellants.(iii) that, even if it is admitted for the sake of argument that the termination of the agency agreement of the respondent no. 1i by the appellants is contrary to the terms of the agreement, yet the loss suffered by the respondent ..... from 1.4.2006, respondent no. 1 filed an application under section 9 of the act with a prayer to direct the appellant not to terminate the agency agreement and to maintain status quo till adjudication of the dispute by the arbitrators.3. appellants 1, 2, 7 & 8 as opp. parties ..... contract which is terminable on the happening of a particular event, it would be presumed that the contract has come to an end and interim arrangement or injunction would not normally be made after efflux of the period of contract or after happening of the event stipulated.8. the facts and circumstances of the present case prima facie show that the agency .....
..... -firm, however, filed a suit being suit no. 122 of 2002 for grant of permanent injunction restraining the appellants herein from in any manner blacklisting the respondent-firm or terminating the consignment agency contract. on an application for injunction having been filed, the civil judge, junior division, directed the parties to maintain status quo in regard to the status of the respondent-plaintiff ..... , as would appear from the following averments:14. that the plaintiff have learnt that the defendants without following the basic principles of natural justice are intending to terminate the consignment agency contract of the plaintiff and to blacklist the plaintiff on alleged ground that one of ex-partner of the plaintiff is claimed to be guilty of misrepresentation of overcharging the freight ..... herein qua termination of the contract as also the order of blacklisting. the appellants appeared to have sought for time to file written statement. they also filed a rejoinder to the counter .....
..... be treated as an agreement independent of the other terms of the contract. the termination of the contract of agency did, not therefore,disentitle the respondent to claim a reference of the disputes between the parties in arbitration. be that as ..... arbitrator shall be appointed by theaforesaid institution. 5. there is no merit in the first submission. in the present case, after disputes between the parties arose and the agency was terminated on 3 april, 1998, the respondent had on 18 january, 1999, made a clear suggestion to the petitioner that if there was no agreement between the parties along ..... it may, the case of the petitioner was that there was no arbitration agreement in existence following the termination of the agreement. that being the position, ..... the agency agreement and that, therefore, there could be no arbitration at all. now the contention that the arbitration clause would not survive following the termination of the agreement was without any basis or substance, since clause (a) of section 16 of the arbitration and conciliation act, 1996, provides that an arbitration clause which forms part of a contract shall .....