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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1961 Page 1 of about 8 results (0.026 seconds)

Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Aug-01-1961

Reported in : AIR1962HP43

..... deposited by him in the government treasury in accordance with the terms of agency. it was urged on behalf of respondent no. 1 that under section 72 of the indian contract act he had a right to recover back the sale proceeds qua the foodgrains etc. worth rs. 37,669/ 3/6. under that section a sum of money paid by mistake ..... the appellants are liable to compensate respondent no. 1 to the extent of the benefit derived by them in connection with the aforesaid transactions.25. section 70 of the indian contract act runs as below:--'where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously, and such other person enjoys the benefit ..... instant case no payment was made by respondent no. 2 to respondent no. 1 prior to the revocation of authority and as such according to the provisions of the indian contract act, the authority to pay was revocable.17. even if the first portion of the rule to the aforesaid commentary is held to be applicable to the instant case it will ..... respondent no. 2 to deposit the aforesaid amount and in support of that contention reliance has been placed upon the following passage in sanjiwa row's commentary on the indian contract act, 4th edition, p. 602.'a person cannot revoke an authority to his debtor to pay a debt to a third party, the creditor of the former, after the debtor has .....

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Jul 11 1961 (HC)

Rajkumar Rajindra Singh Vs. H.P. Administration and anr.

Court : Himachal Pradesh

Decided on : Jul-11-1961

Reported in : AIR1964HP19

..... same immovable property and such rights cannot exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created. it would thus appear that if the lease is subsisting and proprietary rights ..... of a manual of international law by schwarzenberger. howsoever absolute the powers of the raja may have been he could not have put an end to a contract entered into by him with government of another state, arbitrarily and at his sweet will and pleasure. the raja might have exercised his absolute powers over his ..... the goods for sale could not be said to be the act of the crown and nothing done by the collector or by the chief secretary amounted to a holding out by the crown that the collector had the right to enter into a contract to sell the goods.34. on behalf of the petitioner reliance ..... actual or ostensible, to enter into a contract binding on the crown for the sale of the goods to the respondent, and further that a public officer has not by reason of the fact that he is in the service of the crown the right to act for and on behalf of the crown inall ..... was placed upon a ruling of the bombay high court, reported in secy. of state v. tatya saheb yeshwantrao holkar, air 1932 bom 386. the facts of that case were that as a result of proceedings under the land acquisition act there .....

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Jun 22 1961 (HC)

Siri Ram and anr. Vs. Niranjan Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-22-1961

Reported in : AIR1962HP52

..... debts and liabilities of the company are not attributed in law to its members. the company may become insolvent while its members remain rich contracts may be made between the company and a share-holder as if between two persons entirely distinct from each other. the share-holders may ..... post under the union or the state government.20. on behalf, of the petitioners reliance was placed upon section 617 of the indian companies act, act no. 1 of 1956. that section reads as below:--'for the purposes of sections 618, 619 and 620 government company means any company in ..... v. audh narain singh, reported in 1961 all lj 372 : (air 1961 all 515). 26. in the first case the employees' state insurance act, 1948 provided for the establishment of the employees state insurance corporation by the central government. it was to consist of representatives of the central government and ..... sections that a government company was defined as indicated above.21. section 618 provides that no government company formed after the commencement of this act shall appoint a managing agent. section 619 provides that notwithstanding anything contained in sections 224 to 233 the provisions set forth in sub-section ..... 1957 framed by the lieutenant governor himachal pradesh in exercise of the powers vested in him under sections 242 and 258 of the punjab municipal act, 1911, as applied to himachal pradesh, respondent no. 1 was not qualified to seek election to the municipal committee nahan. disqualifications for membership .....

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May 27 1961 (HC)

Union of India (Uoi) Vs. Wazir Chand and anr.

Court : Himachal Pradesh

Decided on : May-27-1961

Reported in : AIR1962HP24

..... set of arbitration bye-laws which laid down an elaborate procedure for the reference of disputes arising between the members out of forward, and other contracts to arbitration. in accordance with the aforesaid bye-laws the appellant filed a plaint in the office of the secretary of the association on ..... the contention advanced on behalf of the respondents were to be accepted the result will be that an application under section 20 of the arbitration act may be filed even long after the arising of differences between the parties. the contention put forward on behalf of the respondents that a ..... requiring that the difference be submitted to the person so named or designated.' sub-section (1) merely applies the provisions of the indian limitation act to arbitrations. sub-section (2) provides that if there is any term in an agreement for reference to arbitration that no cause of action shall ..... when it would have accrued but for that term in the agreement. (3) for the purposes of this section and of the indian limitation act, 1908, an arbitration shall bedeemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the ..... such the application was within time. even though it was conceded by the learned counsel for the respondents that article 181 of the limitation act governed the application under consideration the question as to whether the aforesaid article applies or not needs some consideration in view of the following observations .....

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Apr 27 1961 (HC)

Jai Singh Vs. Mangtoo and ors.

Court : Himachal Pradesh

Decided on : Apr-27-1961

Reported in : AIR1962HP10

..... person who holds land under another person and is or but for a contract to the contrary would be liable to pay rent for that land to that other person; 'tenant' and 'landlord' include the predecessors and successors ..... of a court as regards matters not before them in any pending case. by virtue of the saving provisions contained in sections 46 and 47, arbitration act, 1940 they can, however, deal with awards made through their intervention in cases pending before them.'i am in respectiful agreement with the aforesaid observations.19 ..... by a landlord inter alia for arrears of rent. according to section 2 of the aforesaid act:'landlord' means a person under whom a tenant holds land and to whom the tenant is or but for a contract to the contrary would be liable to pay rent for that land; 'tenant' means a ..... the court of the assistant collector first grade mandi. that application was returned by the learned assistant collector on the ground that under the arbitration act a revenue court had no jurisdiction to entertain it.thereafter applications were filed by the petitioner in the court of the senior subordinate judge mandi for ..... orders of the learned additional subordinate judge mandi whereby applications filed by the petitioner for the filing of an award under section 14 of the arbitration act of 1940 were thrown out on the ground that the same were not maintainable.3. the petitioner is the usufructuary mortgagee of certain land in .....

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Jan 09 1961 (HC)

Smt. Vijey Kumari Thakur Vs. H.P. Administration and ors.

Court : Himachal Pradesh

Decided on : Jan-09-1961

Reported in : AIR1961HP32

..... the order of renewal on the ground that they were entitled to renewal for /three years at least under section 58 of the motor vehicles act.their appeals were dismissed and thereafter they applied to the high court of mysore under articles 226 and 227 of the constitution, but their petition ..... by the state government. the only conditions imposed were compliance with sub-sections (2) and (3) of section 11 of the himachal pradesh private forests act. the petitioner has expressed her willingness to comply with those provisions.16. in the case reported in mahboob sheriff and sons v. mysore state transport authority, ..... land routes) rules 1958 made by the lieutenant governor himachal pradesh in exercise of the powers conferred by sections 41 and 42 of the indian forests act of 1927 as applied to himachal pradesh run as below:'4. no forest produce other than that conveyed by the railway or river shall be ..... to and did not confer proprietary rights in the trees on the petitioner, and that in any case no application under section 11 of the aforesaid act could have been filed against the government which is not bound by statute unless there is a provision to that effect either specifically or by necessary ..... by her, that the relationship of landlord and tenant did not exist between the government and the petitioner, that under section 11 of the abolition act, the compensation officer could not grant any proprietary rights in the trees to the petitioner and that as a matter of fact he did not .....

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Oct 23 1961 (HC)

Tula and ors. Vs. Sadh and ors.

Court : Himachal Pradesh

Decided on : Oct-23-1961

Reported in : AIR1962HP28

..... of the constitution of india.23. in the case of punjab state v. inder singh, air 1953 punj 20, section 15 of the punjab preemption act was not held to be ultra vires the constitution on the ground that the object underlying the aforesaid section was to preserve the homogeneity of the village ..... is for the welfare of the people because it avoids litigation, consolidates property and tends to increase the production of wealth and that the agra pre-emption act, 1922, had not become void by virtue of articles 13(1) and 19(1)(f) of the constitution of india as it did not impose ..... district judge has rightly presumed that the said order wasmade in the exercise of powers as a collector. according to section 3 of the indian evidence act all judges and magistrates legally authorized to take evidence were court. a collector is legally authorized to take evidence and as such is a court in ..... order dated 21-6-1917 made by the superintendent mandi was of a competent court and was relevant under sections 13 and 42 of the indian evidence act.6. these findings have been challenged on behalf of the appellants.7. the first question that arises for decision is as to whether the defendants have ..... whether the order dated 21-6-1917 made by the superintendent mandi was of a competent court? (b) is the said order relevant under the indian evidence act?.5. the findings recorded by the learned district judge are that the gujars of villages drangsira, guma and ner kalan have acquired a customary right to graze .....

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Dec 19 1961 (HC)

Kapur Chand Vs. Inspector-general of Police and anr.

Court : Himachal Pradesh

Decided on : Dec-19-1961

Reported in : AIR1962HP35

..... that although in form the government had purported to exercise its right to terminate the employment or to reduce the servant to a lower rank under the terms of the contract of employment or under the rules, in truth and reality the government has terminated the employment as and ,by way of penalty. the use of the expression 'terminate' or 'discharge ..... his substantive lower rank will not ordinarily be a punishment. but the mere fact that the servant hag no title to the post or the rankand the government has, by contract, express or implied, or under the rules, the right to reduce him to a lower post does not mean that an order of reduction of a servant to a lower ..... supra) the majority of the learned judges constituting the bench severed the legal from the illegal part of an order made by a state transport authority under the motor vehicles act and quashed the illegal part in the instant case severance of the portion of the order which is bad in law can be brought about without destroying the effectiveness of ..... selection grade in such a vacancy he is liable to be reverted when the deputation of the holder of the selection grade in a substantive capacity ceases. it is, therefore, act correct to say that whenever an appointment is made to the selection grade of sub-inspectors it is invariably in a substantive capacity. the contention advanced on behalf of the .....

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