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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 9 of about 840 results (0.018 seconds)

Oct 14 1971 (HC)

Smt. Kartari Vs. Kewal Krishan and ors.

Court : Himachal Pradesh

Reported in : AIR1972HP117

..... transaction do not stand upon an equal footing, the law raises in a suitable case a presumption of fraud. in order to bind persons who, bytheir acts or contracts, have divested themselves of the bulk of their property, there must be a free and full consent, and in transactions in which one of the ..... proved that the gift-deed was executed under undue influence and hence the agreement did not convey a free and full consent of shrimati basanti. a valid contract never came into existence. shrimati basanti herself objected to the deed and lodged a complaint to police in respect of it. the defendants could not derive ..... issues, a third point emerges, which is that of the onus probandi. if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other. see air 1967 ..... attempt of raising the plea of limitation. it was urged on their behalf, that 3 years period of limitation is prescribed under article 59 of the limitation act and because the gift-deed was executed on 4th april, 1961, the suit should have beenfiled upto 4th april, 1964. rather it was filed on 2nd ..... parties is not a free and voluntary agent and is unable to appreciate the import of what he does, the main elements which render the act his own are .....

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Mar 22 2002 (HC)

Kalyan Singh Vs. Ranjot Singh

Court : Himachal Pradesh

Reported in : 2003(1)ARBLR425(HP)

..... /a was executed by the plaintiff as alleged by the defendant, such agreement is void and cannot be enforced in view of uncertainty of the meaning thereof void section 29. contract act, 1872. under the said writing, the plaintiff is alleged to have undertaken not to enforce the payment of the cheque, till payment of barberry roots was received from lucknow. there is ..... . the execution of the hand-note having been admitted, it was not necessary for the plaintiff to prove passing of consideration. the presumption under section 118 of the negotiable instruments act, continued in all its rigour until the contrary was proved. the mere fact that the plaintiff did not adduce sufficient evidence to prove passing of consideration did not in any ..... negotiable instrument was made for consideration when its execution is proved. it throws the burden of proof of want of consideration on the defendant. similarly section 102 of the evidence act throws the burden of proving want of consideration on the defendant, for if no evidence was produced by either side and the execution of the document being admitted, the plaintiffs ..... the case. question no. 28. issuance of cheque ex. pd dated 25-10-1993 for a sum of rs. 37,000/- is admitted by the defendant. section 118, negotiable instruments act, 1881, which deals with presumptions as to negotiable instruments, provides :--'until the contrary is proved, the following presumptions shall be made : (a) of consideration : that every negotiable instrument was made .....

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Sep 15 2009 (HC)

G.P.i. Textiles Limited Vs. Sekhsaria Impex Ltd. and anr.

Court : Himachal Pradesh

..... telephone. it was observed by their lordships while referring to the provisions of section 20 of c.p.c. and the provisions of contract act that mere making of offer does not form part of cause of action. acceptance of offer and its intimation by internal manifestation is necessary for ..... which might arise as between themselves the agreement would be valid. if such a contract is clear, unambiguous and explicit and not vague it is not hit by section 23 and 28 of the contract act. this cannot be understood as parties contracting against the statute. mercantile law and practice permit such agreements.7. it was ..... further held that in case of breach of contract, the suit can be filed at the place where it was made. ..... arisen at nalagarh within the state of himachal pradesh. therefore, once the jurisdiction of the himachal pradesh court was not specifically barred by means of any contract entered into between the parties, the courts within the state of h.p. had the jurisdiction to try the suit and as such, the findings to ..... when acceptance is received and part of cause of action for suit for damages for breach arises at that place. it was also held that the analogy of contract by post and telegram does not apply.6. reliance was also placed upon the decision in a.b.c. laminart pvt. ltd. and anr. v. a .....

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Mar 16 1957 (HC)

Ram Chandar Vs. Jagan Nath and anr.

Court : Himachal Pradesh

Reported in : AIR1957HP70

order16. i allow this second appeal(r.s.a. 13/54), set aside the decision of thelearned district judge, sirmur, dated 31-12-53,in civil appeal no. 8 s./13 of 1953 and dismissthe suit. parties will bear their respective costshere and in the courts below. the cross-objections, filed by jagan nath, in this court failaccordingly and are dismissed.

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May 13 1965 (HC)

Union of India (Uoi) Vs. Wazir Chand Mahajan

Court : Himachal Pradesh

Reported in : AIR1966HP40

..... become the sole owner of the business, known as the himachal drug nurseries, chamba shri trilok nath had transferred the rights and liabilities, under the contract, for 1950-51 for extracting, collecting and exporting herbs, in favour of the respondent. the respondent had got extracted and collected for export herbs ..... rs. 46,000, as compensation. the suit was based on the following allegations.shri trilok nath, younger brother of the respondent, was granted a contract for extracting, collecting, and exporting medicinal herbs, such as dhoop, kaur, mithi patis, tuth, muskbala, ban kakru etc. from the forests of chamba ..... to himachal pradesh, vested in the chief commissioner. the contract ex. p-2 was correctly executed in the name of the chief commissioner. it may be pointed out that though the government of india act, 1935 was amended by the constituent assembly act, no. 1 of 1949, adding section 290a, authorizing ..... shri trilok nath. it was pleaded that the contracts were not validly executed and no rights could pass to ..... barred by limitation, that as there were two contracts for the extraction of herbs, two suits should have been filed and that the respondent was estopped, by his own act and conduct, from tiling the suit. on merits, the appellant denied that contracts for the extraction of herbs were granted to .....

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Jan 14 1991 (HC)

Himachal Road Transport Corporation Vs. Arvind Singh Mann and ors.

Court : Himachal Pradesh

Reported in : 1991ACJ825

..... dependants of victim are excluded, the amount paid by the state under the scheme is to be excluded by holding that it is an act of foresight by statutory compulsion by which the passenger entered into a statutory contract with the state, due to which his dependants or heirs acquired the benefit. to take this benefit away from the rightful claimants) and ..... , benefit of which can be given to the tortfeasor. the levy of surcharge under the provisions of passengers and goods taxation act is a statutory levy and the moment a passenger pays the amount of statutory levy, a statutory contract comes into existence between the passenger and the state. the amount of levy so collected from passenger is kept apart for being ..... himachal pradesh for which a small surcharge on the passenger tax is charged from passengers of stage/contract carriages under the provisions of the passengers and goods taxation act and as the claims tribunal is required to award just compensation under the provisions of the act to the injured/to the heirs of the deceased, the same necessarily has to be arrived at ..... provides for levying of surcharge on the tax payable by every passenger carried by a stage/ contract carriage for the purpose of insurance of passengers under the scheme which was required to be prepared and notified by the state government. section 3-a of the act reads as under:3-a. levy of surcharge. -notwithstanding anything contained in sub-section (1) of .....

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Jun 08 1956 (HC)

Gajjan Mal Mohan Lal and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1957HP1

..... , this objection also fails.12. further, mr. mahajan suggested that clause 8 of the conditions of sale runs counter to the provisions of section 23, contract act. he, based his argument on his earlier contention that the sum in question could not be recovered as arrears of land revenue, having regard to the provisions of section 82 ..... the only remedy open to government was to sue the petitioners for damages on account of their breach of contract. he further argued that under section 74, contract act, the respondents were entitled only to reasonable compensation and not to the penalty stipulated in the contract. in this connection, he pointed out that while the original auction in favour of the petitioners had taken ..... be sued; but there would be nothing to prevent ratification, especially if that was for the benefit of government. when a government officer acts in excess of authority, government is bound, if it ratifies the excess. the contracts in question were not void simply because the union government could not have been sued on them by reason of article 299(1).'consequently ..... pursuance of that clause. with reference to the provisions of section 54, sale of goods act--on which reliance has been placed by mr. mahajan--their lordships observed that:'the term 'rescission' as used in section 54(4) doesnot mean complete and total annulment of the contract and by such rescission, the parties are not placed in the same position as if .....

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May 23 1983 (HC)

S.C. Dogra and Etc. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1984HP29

..... to the agent of government on the lives of many people. many individuals and many more businesses enjoy largess in the form of government contracts. these contracts often resemble subsidies. it is impossible to lose money on them and many enterprises are set up primarily to do business with government. ..... minerals and for purposes connected therewith.14. the himachal pradesh government promulgated the rules under section 15 of the act. chap. ii of the rules deals with grant of mining leases/contracts/short term permits in respect of land in which the minerals vest in the government. rules 5 to 23 ..... or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and like a private individual, deal with any person it pleases, but ..... act arbitrarily. it does not stand in the same position as a private individual.'in para 12 of the same judgment it isheld:'it must, therefore, be taken to be the law that where the government is dealing with the public, whether by way of giving jobs or entering into contracts ..... its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. the power or discretion of the government in the matter of grant of largess including award of jobs, contracts .....

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Jun 18 1979 (HC)

H.P. Road Transport Corporation Vs. Pt. Jai Ram and Etc. Etc.

Court : Himachal Pradesh

Reported in : AIR1980HP16

..... result of the death of the deceased. therefore, the advantage which accrues either to the estate or to the dependants as a result of some contract or act which the deceased performed in his lifetime, cannot be said to be the result of the death of the deceased though they come into existence ..... the deceased from the policy of insurance of the deceased is not derived because of the tortio is act of the wrongdoer which resulted in his death, but on the footing of a contract which the deceased had entered with the insurer under which he paid the premium. the high court of ..... supreme court would at once be attracted, and this court being seized of an appellate jurisdiction conferred by section 110-d of the motor vehicles act, it has to exercise that jurisdiction in the same manner in which it exercises its other appellate jurisdiction allowing the respondents in such appeals to ..... which should be statutorily provided. but since there is no statutory provisions for preferring a cross objection in the claim cases arising out of motor vehicles act, the court cannot permit the respondent to such appeal to prefer cross-objections. the learned advocate of the appellant corporation has, in support of this ..... on the death of the deceased. so far as the insurance amount is concerned, whatever the estate or the dependants get is purely the result of the contract .....

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Oct 12 1998 (HC)

Abhilasha and ors. Vs. H.P. State Forest Corporation

Court : Himachal Pradesh

Reported in : 2000ACJ666

..... filed by gurmit singh, managing director. it is admitted by him in his reply that late hira singh was registered as a labour supply mate under contract labour (regulation and abolition) act, 1970 and h.p. contract labour (regulation and abolition) rules, 1974. it is also admitted that hira singh had been undertaking the works of felling, conversion and carriage of timber ..... protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed under article ..... power of arrest, interrogation and detention has now been streamlined in england on the basis of the suggestions made by the royal commission and incorporated in police and criminal evidence act, 1984 and the incidence of custodial violence has been minimized there to a very great extent.(17) fundamental rights occupy a place of pride in the indian constitution. ..... separate public law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in private law. .....

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