...be reimbursed from the defendant the amount of income-tax that he paid under the provisions of section 69 of the Indian Contract Act. Section 69 of the Indian Contract Act reads...application of section 69 of the Indian Contract Act. The words “interested in the payment of money” which another is bound by law to pay “has been held to include a person who pays...provisions of sections 69 and 70 of the Indian Contract Act. On appeal, the lower appellate court differed from the trial court and held that under the law the plaintiff could not recover the...

...defendant. The learned Judge held that the suit did not lie, having regard to section 69 of the Partnership Act.The plaintiff's first contention is that he is entitled to recover this sum against the defendant not in respect of a partnership, but as being moneys paid to the use of the defendant, and recoverable under section 70 of the Indian Contract Act...section 69 of the Indian Partnership Act has no application. That argument might perhaps have prevailed, had the assessment been made on the plaintiff and defendant by name, so that the...Indian Partnership Act.The next point taken by the applicant—and in view of the absence of any authority on the construction of section 69, it is a point of some general...

...disallowed. Section 69 of the Indian Partnership Act may be reproduced here : "69.(1) No suit to enforce a right arising from a contract or...the Arbitration Act can be regarded as a proceeding "to enforce a right arising from a contract", and therefore, within the bar of section 69 of the Indian Partnership Act. Mr. Justice Mudholkar in reaching his conclusion did not interpret the expression "other proceeding" ejusdem generis with the words "a claim of set-off". He held further that the application was to enforce a right arising from the contract of...not registered- Application in the High Court for appointment of arbitrator- If maintainable-Interpretation of statute-Ejusdem Generis- Noscitur a sociis-Indian Partnership Act, 1932 (9 of 1932), s. 69...

...within the provisions of Section 69 of the Indian Contract Act. He contends that it is immaterial that it has been found in the present case that the defendants-respondents...subject of the rent suit. It is sufficient to bring the defendants within Section 69 of the Indian Contract Act that there was a decree against them, in other words there.... Therefore, under Section 69 of the Contract Act he was entitled to be re-imbursed by his co-defendants in that suit...

..., correctly. 3. Before me Section 69 of the Indian Contract Act was relied on on behalf of the plaintiff, and both sides directed their arguments wholly to the...revenue. Consequently such arrears cannot be said to be what the owner is bound by law to pay within the meaning of Section 69 of the Indian Contract Act. Though as pointed...action for contribution against his co-surety." (page.174,). 4. It is thus clear that the plaintiff's claim, as sought to be made out with reference to Section 69 of the Indian Contract Act is...

...Section 55(1)(g) of the Transfer of Property Act, 1882 and Section 69 of the Indian Contract Act, 1872, it is submitted that the plaintiff is entitled to recover the amount deposited by her with the..., 1882 and Section 69 of the Indian Contract Act, 1872 is misplaced. Section 55(1)(g) of the Transfer of Property Act, 1882 lays down that in the absence of a contract to the contrary, the seller is...therefore, she has failed to show that there is no contract to the contrary. Similarly, Section 69 of the Indian Contract Act, 1872 also does not assist the plaintiff as she has failed to prove that...

...to sue, but as she is the person who was interested in making the payment which the defendant was bound to make, she was entitled to sue under Section 69 of the Indian Contract Act, as...

...covered by Section 69, Indian Contract Act. He contends that although he may not be the mortgagee of the share the appellant obtained on partition, he is the mortgagee of the...defined in that Act, but reading it along with Regulation XXVI of 1802, we think that the term defaulter' applies only to the registered pattadar, regulation xxvi of 1802, section 3 provides...Revenue Recovery Act and the person liable to pay the revenue under Section 3, and becomes a defaulter within the...

...that his mortgage should be given priority to that of the plaintiff. Mr. Ramachandra Aiyar put his claim on four grounds. He claimed that under Section 69 of the Indian Contract Act, his...the plaintiff by his payment. Now as regards Section 69 of the Indian Contract Act, the answer to his claims seems to me to be that he was not interested in the payment of the...to preserve and here, as I have said in discussing the question of Section 69 of the Contract Act, I think that the...

...their mortgage should be given priority to that of the plaintiff. Mr. Ramachandra Iyer put his claim on four grounds. He claimed that under Section 69 of the Indian Contract Act, his...plaintiff by his payment. Now as regards Section 69 of the Indian Contract Act, the answer to his claim seems to me to be that he was not interested in the payment of the...client was entitled to a prior charge, that he was also entitled under section 70 of that act and, failing either of those two sections, claimed priority on the principle of...

....8. In our view, having regard to section 69 of the Indian Contract Act and section 135 of the Transfer of Property Act, the Insurance Company had clearly acquired a.... Section 69 of the Contract Act provides that a person who is interested in the payment of money which another is bound by law to pay and who, therefore, pays it, is entitled to be...authorised Surveyor—which assessed the loss at Rs. 74,260/-. Rs. 1981/- were paid as fees of the Surveyor. The Mills issued a notice under section 78-B of the Indian Railways Act...

...thing which forms the subject-matter of the agreement, is not to be deemed a mistake as to a matter of fact. The explanation added to section 20 of the Indian Contract Act makes it clear that where some mistake has occurred in the value of subject matter, same can be rectified and it will not make the contract ab initio, as is mentioned in section 20 of the Indian Contract Act. Learned counsel for the appellant has further drawn our attention to Section 69 of...attention to section 20 of the Indian Contract Act, 1982, which is reproduced as under: - 20. Agreement void where both parties are under mistake as to matter...pays it, is entitled to be reimbursed by the other. So far as Section 69 of the Indian Contract as well as law laid down in the case titled...

...execution of that decree—are concerned, there can be no dispute.4. It may also be conceded that if the case had come under section 69 of the Indian Contract Act it...conferred upon the defendant by that payment. section 69 of the Indian Contract Act, therefore, would not entitle the plaintiffs to a decree in the present suit. It seems to me...section 69 of the Contract Act, the plaintiffs' claim for contribution in the present case must fail and as the defendant was not a party to the decree and as...

..., the application under Order 7 Rule 11 CPC is hereby dismissed inasmuch as the suit cannot be said to be not maintainable by virtue of provision of Section 69 (2) of the Indian Partnership Act. Ordered accordingly." 4. For convenience, Section 69 (1) and (2) of the Act reads as under :- "69. Effect of non-registration - (1) No suit to enforce a right arising from a contract or... plaint leaves no room for doubt regarding that. The bar under Section 69(2)of the Indian Partnership Act would apply only where the suit is sought to be laid on a contract and...ground that the suit is barred under Section 69 (2) of the Indian Partnership Act, 1932 ('the Act'). 3. By the impugned order, the learned ADJ dismissed the application of...

...not necessarily be in the character of loan or deposit. Our specific attention was invited to section 69 of the Indian Contract Act, 1972. It was explained that Chapter V of...Indian Contract Act, 1872, deals with "certain relations resembling those created by contracts", which are not in fact contracts. Section 69 falling within said Chapter V...learned counsel stressed that the situations under the present appeals falls under the provision of section 69 of the Indian Contract Act, 1872, where the company’s...

..., therefore, the learned Rent Controller was in error in dismissing the application.4. Section 69(1) and (2) of the Indian Partnership Act, 1932 (for short “the Act”) read as under:—“69. Effect of non-registration:— (1) No suit to enforce a right arising from a contract or...the Act, right to seek eviction would arise. It is a right created by the Statute. The contract may not defeat it. Therefore, section 69 of the Indian Partnership Act, 1932...petition. The Delhi High Court held as under:—“Reverting to the second objection, it has to be borne in mind that section 69 of the Indian Partnership Act contains only a prohibition on an unregistered firm filing a suit to enforce a right arising from a Contract or...

...which the plaintiff was interested in paying in order to avert eviction. This brought the claim for reimbursement squarely within the scope of Section 69 of the Indian Contract Act and...case under Section 69 of the Indian Contract Act was made out. In Sitaram Sheolal Marwari v. Krishnarao Balaji Kunhi (A.I.R 1940 Nagpur...operation of law rests therefore on the same equity of reimbursement as is enacted in S. 69 of the Indian contract Act, that ‘a person who is interested in the payment of money...

..., they escape all liability. The question arises, whether this position is supported by legal principle.Section 69 of the Indian Contract Act provides that a...section 69 of the Indian Contract Act, even though it ultimately transpires, as a result of litigation, that he had not in fact or in law the interest for the protection whereof the payment...contention of the defendants. In this view, the plaintiffs would be entitled, if section 69 applies, to recover the whole sum from the defendants. They have, however, claimed to recover only a portion of that...

...plaintiff, who was apprehensive that his security would be entirely destroyed, as indeed it would be by the removal of the buildings, made an application under Section 69 of the Indian Contract Act. He...Section 69 of the Contract Act. 2. It appears that there was a Cotton Press established at Hathras. Salig Ram and two others owned shares in that, The plaintiff in the Court below, and...Section 69 of the Contract Act does not help the plaintiff. It is true that before he arrived at that conclusion he had stated that the clause of the...

...simple claim for money and if recoverable at all recoverable under those principles of law which are codified in the Act and in particular in Section 69 or Section 70 of the Indian Contract Act.7...Section 69 of the Indian Contract Act, such person's interest must be clearly defined and that such person must show that his interest in the property would be adversely affected by the sale of...neither under Section 69 nor Section 70 of the Indian Contract Act, is it the case that a person, who makes a payment to protect his own interest, can recover the amount...