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Search Results Judgments > Act:INDIAN CONTRACT ACT, 1872 Section 1 Court:Jammu & Kashmir

Feb 14 2005

Oriental Insurance Co. Ltd. Vs. Mst. Misra and Ors.

  • Decided on : 14-Feb-2005

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ50

... the various provisions of the Contract Act and held:-15. Sections 51,52 and 54 of the Indian Contract Act can profitably be referred to for the purpose of deciding the point. They are subsumed under the sub-title 'performance of reciprocal promises' in the said Act. Section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a contract the promise is ... Act. Section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a contract the promise is absolved from performing his promise unless the promisor is ready or willing to perform his part of the promise. Section 52 says that where the order in which reciprocal promises are to be performed has not been expressly provided in the contract ... that the insured cannot claim performance from the insurer in such a situation.19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any person who has received any advantage under such contract is bound to restore it to the person from whom he received it. So, ... is given, for, the nature of transaction requires that A should have security before he delivers up his stock.16. Section 54 of the Contract Act is to be read in that background. It is extracted below: 'When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till ...

Jul 10 1996

New India Assurance Company Vs. Smt. Shakuntla Devi and Ors.

  • Decided on : 10-Jul-1996

Court : Jammu and Kashmir

Reported in : II(1998)ACC418,1998ACJ195,AIR1997J& K40

... contract of employment within the ambit of Clause (ii) of proviso to Sub-section (1) of Section 95 of the Act. Similar view was held in a later judgment of the High Court of Madras in South India Insurance Co. Ltd. v. P. Subramanium, 1972 Acc CJ 439 : (AIR 1972 Madras 49). 17. A Division Bench of Calcutta High Court in Indian ... section (1) of Section 95 of the Act observed that it is not required that a policy of insurance should cover the risk to passengers, who are not carried for hire or reward. In case of gratuitous passengers unless there is a special contract of insurance, their, cases would not be covered as well by Clause (ii) of the proviso to Sub-section (I) of Section ... contract of employment. 19. In Pushpabai Purshottam Udeshi's case, 1977 Acc CJ 343 : (AIR 1977 SC 1735), the Apex Court dealing with the case of a passenger, who was allowed free lift in the vehicle, while referring to the first part of Clause (i) of proviso to Sub-section (1) of Section 95 of the Act ... contract of employment'. A Full Bench of the Rajasthan High Court in Santra Bai's case, 1985 Acc CJ 762 : (AIR 1986 Rajasthan 101), held that the policy is not required in three categories of cases falling in Sub-clauses (a), (b) and (c) of clause (i) of the proviso to Sub-section (1) (b) of Section 95 of the Act ...

Mar 30 2001

Yog Raj Vs. Kuldeep Raj Gupta and Anr.

  • Decided on : 30-Mar-2001

Court : Jammu and Kashmir

Reported in : AIR2002J& K12

... whether the parties have arrived at an adjustment in a lawful manner. The explanation made it clear that an agreement or a compromise which is void or viodable under the Indian Contract Act shall not be deemed to be lawful within the meaning of the said Rule. Having introduced the proviso along with the explanation in Rule 3 in order to avoid multiplicity ... on these issues also, it would be apt to deal with these also.51. Issue No. 1 is to the effect as to whether suit filed by the plaintiff is maintainable under Section 47 and Order 21 of the CPC. The argument raised by respondent No. 1 is that all questions pertaining to execution, discharge or satisfaction of a decree are required to ... contained in the provisions of J. and K. Restitution of Mortgaged Properties Act of 1976, be now examined.56. The relevant provisions of the Act be noticed.57. Section 16 of the 1976 Act deals with the jurisdiction of the Civil Court. The bar of jurisdiction is with regard to limited matters. This section provides as under :'Jurisdiction of Civil Courts barred :-- NoCivil Court shall ... provisions of the Act be noticed.57. Section 16 of the 1976 Act deals with the jurisdiction of the Civil Court. The bar of jurisdiction is with regard to limited matters. This section provides as under :'Jurisdiction of Civil Courts barred :-- NoCivil Court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act or to question ...

Dec 31 2012

Dr. Arun Sharma Vs. State and ors

  • Decided on : 31-Dec-2012

Court : Jammu and Kashmir

... recognized under the Act. In case of Part-I of the Schedule-III, 25 such recognition is subject to the conditions laid down in Section 13 of the Act.18. The TATA Institute admittedly does not find place in Schedule I or Schedule III of the Act. The communication addressed by Secretary, Indian Medical Council to respondent no.1 under No. MCI- 23(1)/2006-Med./1788 ... the State: Provided that where any permanent resident is not available for appointment to any post, the Government may appoint a nonpermanent resident otherwise eligible for holding such post, on contract basis or on deputation for a term not exceeding three years as it may specify in the order: Provided further that the Government shall have the power to renew the ... settled by now that the Indian Medical Council Act, 1956 has overriding effect and a State 26 Act or Rules and Regulations made there under are to give way to the Indian Medical Council Act, 1956 and the Regulations made under the Act to the extent, these are in-conflict with the Act. The Medical Council of India under Section 33 of the Act, 1956 is clothed with the ... any one of the three Schedules to the Act, observed; Having regard to the scheme of the Act it cannot be held that merely going by the permission granted under Section 10A in complete derogation of the other provisions contained in Section 11(2) read along with Section 2(h) and Schedule I to the Indian Medical Council Act, it cannot be held that such qualification can ...

Feb 27 1982

Pushpa Devi Vs. Nanak Singh

  • Decided on : 27-Feb-1982

Court : Jammu and Kashmir

Reported in : AIR1983J& K1

... LJ 427 (supra).3. Section 29 of the Jammu & Kashmir Limitation Act, which is a facsimile of Section 29 of the Indian Limitation Act, 1908, barring Sub-sections (3) and (4) of the Central Act, which do not occur in the State Act, and are also relevant for the present discussion, reads as under:--'29. Savings.-- (1) Nothing in this Act shall affect Section 25 of the Contract Act (IX of 1977). (2 ... in the State Act, and are also relevant for the present discussion, reads as under:--'29. Savings.-- (1) Nothing in this Act shall affect Section 25 of the Contract Act (IX of 1977). (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first Schedule the provisions of Section 3 shall ... have been excluded by Section 29 and referred the case to a larger Bench for reconsideration of the view taken in 1981 Kash LJ 427 (supra).3. Section 29 of the Jammu & Kashmir Limitation Act, which is a facsimile of Section 29 of the Indian Limitation Act, 1908, barring Sub-sections (3) and (4) of the Central Act, which do not occur in the State Act, and are also ... (ii) will Section 29 (2) apply even if no period of limitation is provided by the first Sch. for a suit, application or appeal, though the same is provided by the special or the local law under which it is brought? 7. The expression 'under the Civil P. C.' which also occurred in Article 156 of the Indian Limitation Act, 1377 came in ...

May 15 1987

Darshan Kumar and etc. Vs. Union of India (UOI) and Ors.

  • Decided on : 15-May-1987

Court : Jammu and Kashmir

Reported in : AIR1988J& K28

... :--'A statutory provision, if incorporated in a lease or contract, will become a part of the terms of the lease or contract and the incorporated provision will lose its statutory character.'On the alternative remedy provided under Section 78-B of the Railway Act, this court, in AIR 1986 J. & K, 74 (supra ... dependent on variety of factors, can well be gone into in a regular Civil Suit, for which specific provision is made under Section 78-B of the Indian Railways Act. It is stated that the loading of coal in Railway wagons is done by the petitioners or their agents in their own ... the respondents is, therefore, attacked with the allegations that the restrictions imposed violate the fundamental right of the petitioners guaranteed to them under Article 19(1)(g) of the Constitution of India. Reliance is placed by learned counsel for the petitioners on AIR 1986 SC 1571 (Central Inland Water Transport Corpn ... the contract, failure of which is not justiciable in the writ petitions, as the same become pure and simple part of the contract for which the proper forum is not the writ petitions under Article 226 of the Constitution of India, but lies elsewhere under the provisions of the Railway Act. ... suit under the Railway Act for getting their disputes settled. This court will not go into the intricacy of the dispute raised by the petitioners in this petition.16. The petitioners and respondents have a contractual relationship. The wagons are hired by the petitioners on contract and they have to ...

Aug 22 1991

Managing Director, J and K. P.C.C. Vs. Commissioner for Workmen's Comp ...

  • Decided on : 22-Aug-1991

Court : Jammu and Kashmir

Reported in : 1992ACJ362,(1993)ILLJ65J& K

... Section 3 of Indian Railways Act... (ii) employed on monthly wages not exceeding one thousand rupees, in any such capacity as specified in Schedule II, whether the contract of employment was made before or after passing of the Act and whether such contract is express or implied. 8. Schedule II of the Act ... stating therein that under the provisions of the Act the remedy against the award was to prefer an appeal within the stipulated period of sixty days after depositing the amount of award with the respondent No. 1 but the petitioner instead of availing that remedy ... Section 2(1)(n) of the Act as a person (other than a person whose employment is of a casual nature and who is employed otherwise than for purpose of the employer's trade or business), who is (i) a railway servant as defined in Section 3 of Indian Railways Act ... Act after hearing both the sides. Section 30 of the Act lays down a provision for filing appeal against the order of the Commissioner under the Act and under Clause (2) of that section period of limitation for filing appeal provided is sixty days. Under proviso to Clause (1) of the said section ... Act posted at Jammu has awarded compensation to the widow of the deceased under the provisions of the Act after hearing both the sides. Section 30 of the Act lays down a provision for filing appeal against the order of the Commissioner under the Act and under Clause (2) of that section period of limitation for filing appeal provided is sixty days. Under proviso to Clause (1 ...

Apr 22 1983

Kashmir Motor Drivers Association and Anr. Vs. Union of India (UOI) an ...

  • Decided on : 22-Apr-1983

Court : Jammu and Kashmir

Reported in : AIR1983J& K100

... the Workmen's Compensation Act, as a statutory duty is cast upon the insurer to pay compensation to his employees under the. aforesaid Act. This is clearly borne out from Sub-section (1) of Section 95 of the Motor Vehicles Act, read with proviso (J) to it. Schedule IV to this Act has been amended with effect from 1-10-1976 by virtue of Act No. 65 of 1976 ... to a written contract cannot be easily disputed. Another feature of this contract is that under Section 95 of the Motor Vehicles Act, willy-nilly, taking out such a policy by the owner of a motor vehicle is a must. He cannot refuse to take it out save at his own peril. In this sense, therefore, such a contract is a statutory contract. The next question ... ORDERJ.K. Kotwal, J.1. Through the medium of this writ petition, the petitioners, out of whomthe first petitioner, namely, the Kashmir Motor Drivers Union, is a company registered under the Indian Companies Act of 1956, which operates as many as 486 passenger buses, and the second petitioner, namely, the Western Bus Stand is a union of transporters, which also operates 490 passenger ... of provisions of the Insurance Act, and at the same time applying some others with some alteration or modification to the Corporation and the acquiring companies. For the present discussion, we need notice only Clause (a) of Subsection (1) of Section 64-UA and Clause (3) of Section 64-UC of the Insurance Act. Whereas Clause (a) of Sub-section (1) of Section 64-UA, which dealt with ...

Nov 21 2000

Lt. Col. J.S. Sekhon Vs. Union of India (UOI)

  • Decided on : 21-Nov-2000

Court : Jammu and Kashmir

Reported in : 2002CriLJ783

... challenged except when it is based on no evidence or any procedural infirmity.Section 122(1) reads as under :--122(1) : Period of limitation for trial.--(1) Except as provided by Sub-section (2), no trial by court martial of any person subject to this Act for any offence shall be commenced after the expiration of a period ... it had been serviceable and in running condition throughout the period when repairs had been planned and contract was to be executed.Entering into contract instead of procuring the parts through DG S & D rate contract, manner of entering into contract, high rates of procurement and no mention of retrieved parts, items paid for in RAR on ... J.1. The petitioner a commissioned officer in the Indian Army was tried by a General Court Martial. He was convicted and sentenced to undergo one year rigorous imprisonment besides cashiering. The sentence was pronounced by ... sentence passed by the General Court Martial on September 24, 1998 has been challenged by the petitioner on the following grounds :--1. That the trial was barred under Section 122 of the Army Act;2. That the charge-sheet was not approved by the convening authority as required under Rule 37 of the Army Rules; ... of guilt against the respondent of a charge under Section 354. 7. Similar view was expressed in 'Union of India v. Major A. Hussain', (1998) 1 SCC 537 : (AIR 1998 SC 577). So the conclusion is that the plea in bar under Section 122 of the Army Act having been raised before the General Court Martial ...

Mar 01 1999

Dr. Tehmina Akhtar Vs. Syed Shamim Ahmad

  • Decided on : 01-Mar-1999

Court : Jammu and Kashmir

Reported in : 1999CriLJ4620

... to get the Indian passport for the daughter. Not only this Atiy a Shamim was shown as Noor Fatima.6. Heard the learned counsel for the parties at length. Learned counsel for the petitioners has vehemently argued that no offence whatsoever is disclosed from the complaint. According to him, offences shown in the complaint are mostly covered by Section 195, Cr.P ... case, it is feasible to adumberate the facts, from which the present two petitions under disposal emanate.Respondent 1 is admittedly a Pak national settled in Dubai. He has contracted marriage with petitioner Dr. Tehmina Akhatar at Delhi on 19th Dec. 1984. Petitioner No. 1 is thus alleged to be wedded wife of the respondent-complainant. Out of the said wedlock, a female ... contest matrimonial cases pending in the court of Addl. Sessions Judge (Matrimonial Cases), Jammu, where the respondent has filed applications for the custody of minor daughter under Section 25 of the Guardianship and Wards Act. The complaint has been filed by the respondent just to harass her and her relatives, who have been roped in, as accused persons in the frivolous complaint ... not lie without obtaining sanction under Section 197, RPC for being a public officer. It is also true that offence under Passport Act cannot be taken cognizance without sanction under Section 15 of the Act, but it does not mean no offence at all is disclosed from the complaint.11. Lastly, learned counsel for the petitioners stated that respondent 1 has no locus standi to ...

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