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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 1 of about 840 results (0.135 seconds)

May 07 1993 (HC)

H.P. Financial Corporation Vs. Parveen Kumar and anr.

Court : Himachal Pradesh

Reported in : AIR1994HP120

..... in a way that the plaintiff in this way is entitled to charge compound interest. it is true that explanation to section 74 of the contract act, 1872, entitles the creditor to enter into a stipulation for the increased interest from the date of default, it can be treated as stipulation by ..... . section 74 of the contract act deals with the compensation for breach of contract where penalty is stipulated for. this section lays down as under:--'74. compensation for breach of contract where penalty stipulated for. -- when a contract has been broken, if a sum is named in the contract as the amount to be ..... way of penalty but it has to be considered as compensation for breach of contract, whether such like compensation for the breach by way of penalty stipulated for over and above the compound interest being charged by the plaintiff ..... is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract, reasonable compensation not exceeding the amount so named, as the case may be, the penalty stipulated for.explanation. -- a stipulation for increased interest ..... any such instrument, to pay the whole sum mentioned therein.explanation. -- a person who enters into a contract with government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. illustrations.illustration 'd' thereto is to the following effect:(d) .....

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Jul 09 1952 (HC)

Dr. Jagat Ram Sud Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1953HP5

..... prescribes the method of assessing compensation in cases of breach of contract, but that is immaterial. the section lays down that the party who suffers by breach of ..... the said restriction act, it is this reduced rent and not the market rental value which would be the compensation recoverable by the claimant.10. a fair guide to the connotation of the word 'compensation' is to be found in the terms of section 73 of the indian contract act, 1872. that section ..... . where the requisitioned property is subject to the restrictions imposed by the east punjab urban rent restriction act, 1949, the rent fixed under that act would, in the words of section 73 of the indian contract act, therefore be the compensation for the loss to the claimant which 'naturally' arose in the usual ..... caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. the measure of compensation should, therefore be the loss to the claimant. in other words ..... nature of a preliminary objection, raised by the learned government advocate on behalf of the respondent, the state of himachal pradesh. he contended that the act was ultra vires of the legislature as it did not limit requisitioning for public purposes only, and that therefore the award must be set aside .....

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Sep 15 1990 (HC)

Himachal Pradesh Financial Corporation Vs. Man Mohan Kaur Anand and an ...

Court : Himachal Pradesh

..... , it would be important to note section 74 of the indian contract act, 1872, which lays down as under :'74, compensation for breach of contract where penalty stipulated for-- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or ..... so long as the instalments are regularly paid.27. viewed in the light of the legal position as reflected by section 74 of the contract act, the plaintiff-corporation is entitled to receive from the debtor reasonable compensation not exceeding the penalty stipulated irrespective of the fact whether or not actual ..... is made inrespect of which there is no such waiver. 12. the applicability of article 36 or 37 of the limitation act depends upon the terms of the contract and the nature of the claim or the character of the suit brought in terms thereof. the mere fact that a contractual ..... 2. whether the plaintiff is estopped from filing the present suit against defendant no. 1 on account of its own acts, conduct and acquiescence ?3. whether there has been novation of contract between the plaintiff and defendant no. 1 thereby discharging defendant no. 1 from his liability?4. to what rate ..... its transfer to defendant no. 2 has specifically been denied inasmuch as the plaintiff neither consented nor allowed defendant no. 2 to enter into any contract in between themselves inter se qua its transfer. further, the plaintiff-corporation alleged that after the seizure of the truck, it was released and handed .....

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Apr 10 2006 (HC)

Charu Bhatnagar Vs. H.P.M.C.

Court : Himachal Pradesh

Reported in : AIR2006HP119,2007(2)CTLJ126(HP),2006(1)ShimLC465

..... of apples is not disputed and the defendant had enjoyed the benefit of such apples and whether the appellant was entitled to such payment under section 70 of the indian contract act, 1872.2. whether the findings of the learned district judge, shimla, are not sustainable in law for non-consideration of material oral and documentary evidence and particularly document ext. pw8/27 ..... banks in relation to commercial transactions.explanation 1.-in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii.-for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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Apr 10 2006 (HC)

Preet Pal Monga and anr. Vs. H.P.M.C.

Court : Himachal Pradesh

Reported in : 2006(1)ShimLC413

..... of apples is not disputed and the defendant had enjoyed the benefit of such apples and whether the appellants were entitled to such payment under section 70 of the indian contract act, 1872?2. whether the findings of the learned district judge, shimla, are not sustainable in law for non-consideration of material oral and documentary evidence and particularly document exhibit pw8/ d ..... banks in relation to commercial transactions.explanation. - i. in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation. - ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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Apr 25 1994 (HC)

Punjab National Bank Vs. Surinder Singh Mandyal and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP1

..... defendant no. 2 imparted any instructions to the plaintiff about the manner of appropriation of the amounts.20. sections 59, 60 and 61 of the contract act, 1872 embody the general rules as regards the appropriation of payments in cases where a debtor owes several distinct debts to one person and voluntarily makes payment ..... lahore high court in jai ram v. sulakhan mal, air 1941 lahore 386 dealing with the scope of ss. 59 to 61 of the contract act held that they do not deal with the cases in which principal and interest are due on single debt, to which only general rule of ..... 's case (supra) nor in food corporation of india's case (supra) the purpose for which the amendment was carried out by the 1956 amendment act was noticed for interpreting the expressing 'principal sum adjudged. though in syndicate bank's case (supra) and that of sigappiachi's case (supra), the ..... .explanation i: in this sub-section, 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970.explanation ii: for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business ..... entire oral and documentary evidence.issue no. 1:10. the plaintiff is a nationalised bank established under the banking companies (acquisition and transfer of undertakings) act, 1970. authorisation to sign and verify the plaint and engage counsel on its behalf by shri v. n. gupta is on the basis of the .....

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Apr 10 2006 (HC)

Madan Mohan and anr. Vs. H.P.M.C.

Court : Himachal Pradesh

Reported in : AIR2006HP105,II(2007)BC602

..... of apples is not disputed and the defendants had enjoyed the benefit of such apples and whether the appellants were entitled to such payment under section 70 of the indian contract act, 1872? (2) whether the findings of the learned district judge, shimla are not sustainable in law for non-consideration of material oral and documentary evidence and particularly documents ex. pw-1 ..... banks in relation to commercial transactions.explanation-i. in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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Jan 04 1996 (HC)

Anil Kumar and ors. Vs. Central Bank of India and ors.

Court : Himachal Pradesh

Reported in : AIR1997HP5

..... state bank of india, air 1986 ori 247.23 chapter viii of the indian contract act, 1872 (hereinafter referred to as the 'act) deals with indemnity and guarantee. section 124 defines the expression 'contract of indemnity', section 125 defines 'rights of indemnity holder when sued; section 126 defines the expressions 'contract of guarantee', 'surety', 'principal debtor' and 'debtor'. section 127 provides regarding ..... next contended that the first appellate court was not justified in discharging the liability of the appellants once it had invoked the provisions of sections 139 and 141 of the contract act in discharging second surety, namely, santokh singh respondent. in support of his contention, he placed reliance in state bank of saurashtra v. chitranjan rangnath, air 1980 sc ..... in these circumstances, the court was justified in fastening' the liability qua the other surety. (ii) the court having invoked provisions of sections 139 and 141 of the contract act, in discharging one of the sureties, whether in the circumstances the lower appellate court was justified in not discharging the liability of the appellant. 9. during the pendency of ..... and 3 principal debtors. 21 in bank of bihar ltd. v. dr. damodarprasad, air 1969 sc 297, the apex courtobserved:-- 'under section 128 of the contract act, save as provided in the contract, theliability of the surety is co-extensive with that of the principal debtor. the surety thusbecomes liable to pay the entire amount. his liability is immediate. it .....

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Jun 30 1988 (HC)

State Bank of India, Bathri and Etc. Etc. Vs. Balak Raj Abrol and anr. ...

Court : Himachal Pradesh

Reported in : AIR1989HP41

..... in mind that the cause of action against principal-debtorand surety is independent and separate. furthermore, when the legislature has specifically provided in section 137 of the indian contract act, 1872 that the creditor's forbearance to sue the'principal-debtor or to enforce any other remedy against him would not, in the absence of any provision in the guarantee ..... the contract, the liability of the surety is coextensive with that of the principal-debtor. the sureties thus became liable co pay the entire amount. their liability was ..... over of management) act, 1978 and further issued a notification suspending all liabilities under contracts to which the said undertaking was a party. while considering the liability of the guarantors, the supreme court observed : 'any proceeding against the guarantor would remain unaffected by the issuance of such a notification. under section 128 of the indian contract act, 1872, save as provided in ..... immediate and it was not deferred until the creditor exhausted his remedies against the principal-debtor. the act does riot say that when a notification is issued .....

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Jun 03 1971 (HC)

Ballo Vs. Paras Ram

Court : Himachal Pradesh

Reported in : AIR1972HP33

..... the gift originated with the donor. (2) bhola ram lieri v. peari devi, air 1962 pat 168, where the requirements of undue influence as contemplated by section 16 of the contract act (1872) were explained. it was emphasised that the capacity of donee to dominate the will of donor must be investigated and the nature of the transaction, whether it was unconscionable or ..... of undue influence upon the plaintiff. the exercise of undue influence could be presumed, until the presumption is rebutted by the proof of requirements found in section 16 of the contract act for raising the presumption.17. this case is remanded to the trial court for retrial, according to law, as explained above, and the directions given above. the costs will follow ..... lawyer at all. such facts ought to have been examined from the angle required in examining a case of undue influence falling within the purview of section 16 of the contract act as pointed out in the cases cited above. the question to be decided was whether the inequality of positions of the parties and the disproportion between advantages and disadvantages of ..... donee to establish that the transaction was free from undue influence. (3) debi prasad v. chhotey lal, air 1966 all 438 where the principles underlying section 16 (3) of the contract act and the nature of unconscionable transactions, as distinguished from merely a foolish transactions, were discussed. (4) ladli parshad jaiswal v. karnal distillery co. ltd. karnal, air 1963 sc 1279 where .....

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