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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1972 Page 1 of about 11 results (0.016 seconds)

Apr 24 1972 (HC)

Bhagat Ram Vs. Smt. Lilawati Galib

Court : Himachal Pradesh

Decided on : Apr-24-1972

Reported in : AIR1972HP125

..... entering into an agreement that they would not be governed by that section. the words 'if permitted, it would defeat the provisions of any law' in section 23 of the contract act refer to the performance of any agreement which necessarily entails the transgression of the provisions of any law. what makes an agreement, which is otherwise legal, void is that its ..... falling beyond 5th december, 1971. therefore, it was a case of mutual give and take, and in the circumstances, the tenant could be stated to have contracted out of the provisions of the rent restriction act of 1949, which would have ultimately come into operation after 26th december, 1971 when the period of 5 years expired. it could not be stated that ..... , the compromise decree could very well be passed and could not be held to be a nullity. for the reasons stated above, the tenant could contract out of the provisions of either of the two acts as that was to his advantage.10. it has been then urged on behalf of the appellant that section 14 did actually apply after 26th december ..... he avoids a predicament and gets definite advantage in lieu of giving up the distant advantage of that provision of either of the acts, he can very well do so and can certainly contract out of the provisions of those acts. a very much similar situation arose in lachhoomal v. radhey shyam, 1971 ren cj 340 = (air 1971 sc 2213), where a landlord .....

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Mar 07 1972 (HC)

NaraIn Singh Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Mar-07-1972

Reported in : AIR1972HP139

..... (b) saves the actions done or taken including the gram sabhas, gram panchayats, etc., constituted, limits defined, appointments, rules, regulations, bye-laws, etc. issued, taxes, tolls, contracts entered into and suits instituted under any act repealed under section 2, or any ejectment thereby repealed, so far as may be, be deemed, unless the state government directs otherwise, to have been respectively done ..... against the petitioner, which are being inquired into by the magistrate and the petitioner could be suspended under the provisions of s. 54 of the himachal pradesh panchayati raj act of 1968 (act no. 19 of 1970) on the ground that an inquiry was pending. from the office record, at one place i find that on 21st may, 1971, the transport ..... so far as may be, be deemed, unless the state government directs otherwise to have been respectively, done or taken under the corresponding provisions of the himachal pradesh panchayati raj act, 1968 (act no. 19 of 1970).3. the impugned order (annexure d) says that an enquiry into the complaint filed by smt. bimla devi is contemplated and, therefore, in terms of ..... district mahasu is contemplated against shri narain singh, president, gram panchayat, salogra; now, therefore, the government in terms of the provisions of s. 54 of the himachal pradesh panchavati rai act, 1968, orders the suspension of the said shri narain singh from the office of the president gram panchayat salogra with immediate effect and further order that the deputy director of .....

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Aug 25 1972 (HC)

The State of Himachal Pradesh and anr. Vs. H.S. Sobti and Co.

Court : Himachal Pradesh

Decided on : Aug-25-1972

Reported in : AIR1973HP1

..... thakur granting an interim injunction during the pendency of an application under section 20 of the indian arbitration act.2. the respondent. m/s. h. s. sobti and co., had entered into a contract with the appellants, for the construction of a girls hostel for tbe medical college at simla. ..... of rs. 20,000/-furnished by him hod also been forfeited. he also complained that the contract had been rescinded by tbe appellants. accordingly, he applied under section 20 of the indian. arbitration act in this court. while the application under section 20 was pending, the respondent also applied for ..... an interim injunction during the pendency of the application under section 20 of the indian arbitration act. after considering the matter on the merits, he granted an interim injunction restraining the appellants from getting the contract executed through another contractor until the dispute was decided by the arbitrator. on the same ..... the court so grants an injunction by virtue of section 41 (b), the order granting the injunction is an order under the indian arbitration act. the power to grant the interim injunction is specifically conferred by section 41 (b), and our brother chet ram thakur traced his power to ..... grant the interim injunction to section 41 (b). now. an appeal under section 39 (1) of the indian. arbitration act lies against only those orders which are specifically enumerated therein and against no other, and a perusal of section 39 (1) will show that an .....

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Aug 03 1972 (HC)

Municipal Committee Vs. Gurdial Singh and ors.

Court : Himachal Pradesh

Decided on : Aug-03-1972

Reported in : AIR1973HP64

..... inoperative for any reason whatsoever then in that event, the plaintiff would be entitled to receive fromthe defendants compensation under sections 65 and 70 of the contract act or in equity. the amount of such compensation would be the amount which the defendants had agreed to pay under the agreement or can be ascertained, ..... 5,000/-cannot pass a decree. in fact statutory rules have now been framed for the purposes of valuation of redemption suits under the suits valuation act and those rules govern the valuation for the purposes of the suit and the appeal is also a continuation of the suit and, therefore, in my ..... execute the same unless he pays the additional fee. but there is nothing in this section about the jurisdictional value for appeal, nor the suits valuation act provides for any such tiling. for court-fee in appeal it is the subject-matter of the appeal, changed by the court by its decree, ..... either side. it. therefore, further held: 'in a matter like this we should, in the absence of a clear statutory provision to the contrary, act on the principle of stare decisis et non movere quieta, and decline to make a departure from the existing practice sq as to unsettle a rule of ..... the original suit was rs. 8,000, for which the subordinate judge had claimed a decree and, therefore, under section 30 (1). punjab courts act. appeals against the decree whether instituted by the plaintiff for enhancement of the decretal amount or by the defendant for the total dismissal of the suit lay .....

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May 23 1972 (HC)

Nagnoo and ors. Vs. Gian Chand and ors.

Court : Himachal Pradesh

Decided on : May-23-1972

Reported in : AIR1972HP101

..... against their father cannot be challenged by the sons, because they have failed to prove their averment that the debt was non-existent, it was contracted for immoral purposes and that a joint member of the coparcenary could not bind their share in coparcenary property. i therefore, affirm the judgment and ..... case, the sale, therefore, cannot be set aside when the plaintiffs have failed to establish the non-existence of any debt or any immorality for the contraction of the debt by their father and other members of the coparcenary.13. the learned counsel for the appellants has also in reply cited sidheshwar mukherjee v ..... is coparcenary property and the plaintiffs and the defendants 3 to 6 formed a coparcenary. it is also not disputed that if the debts are contracted for immoral purposes the same are not binding on the sons. the sons, however, are under pious obligation to discharge the debts of their ..... of the document on the basis of which the decree was obtained by mehar chand was not incurred for legal necessity and, that the debts were contracted for immoral purposes, and, therefore, they prayed that the sale be set aside and also prayed for injunction that the defendant, gian chand, be ..... obtained by mehar chand against the father of the plaintiffs for a debt which had been secured for meeting the expenses of succession which was an act beneficial for the coparceners. moreover, from the evidence on the record, it is clear that bhawania was the seniormost member of the family and. .....

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Mar 06 1972 (HC)

Charan Dass Vs. Thakur Dass Mast Ram

Court : Himachal Pradesh

Decided on : Mar-06-1972

Reported in : AIR1973HP22

..... under section 15 (5).4. there was much discussion at the bar as to the availability of the plea of res judicata in ejectment proceedings under the rent act of 1949. assuming that the plea of res judicata was open to the landlords, what i find from the record is, that constructive res judicata could not ..... yet to give a decision on merits on such pleas. whether the petitioner-tenant is debarred from raising such pleas in view of section 116 of the evidence act, is again a question which i leave open for decision by the appellate authority.11. in the result. i allow the petition and set aside the ..... to a 'court', but upon general principles the said plea can be set up before any tribunal, namely the controller or the appellate authority under the rent act of 1949 so that a finality is reached in the decisions which are made. i do not consider it necessary to enter into this controversy in order to ..... or the controller, the argument is that section 11 of the civil p. c. has not been brought in for application, under any provision of the rent act of 1949. with the result that the plea of res judicata is not sustainable at all. on the other hand, the learned counsel for the respondent urged ..... was specifically pleaded by the petitioner-tenant, that the landlordshad not taken permission in writing for cub-letting the premises and as such the very contract of sub-letting was illegal and the petitioner could not be considered tenant for e.iectment, as a result of proceedings under the rent .....

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Jun 20 1972 (HC)

Shyam Singh Vs. Hira Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-20-1972

Reported in : AIR1972HP135

..... shyam singh applied for permission to amend his written statement by including the plea that he was a tenant under the mortgagee, who had let out the land as an act of prudent management, and that therefore his tenancy was binding on the plaintiff. on august 16, 1969, the learned district judge rejected the amendment application and simultaneously dismissed the appeal .....

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Sep 14 1972 (HC)

Shiv Ram Vs. Thakar Dutt

Court : Himachal Pradesh

Decided on : Sep-14-1972

Reported in : AIR1973HP62

..... praesenti the interest of bhau in favour of the plaintiff. section 17 (1) (a) of the indian registration act provides for the compulsory registration of instruments of gift of immovable property. there is nothing to show that the terms of the document create a sift. all that it says ..... the genuineness of the document marked 'x'.9. the last ground put forward by learned counsel for the appellants is that the document was compulsorily registrable under the indian registration act. and no effect can be given to it as it was not registered. it is urged that the document is a gift deed inasmuch as it purports to transfer in ..... document recording a transaction which has already taken effect is not a document which creates any rights so as to fall within section 17 (1) (b) of the indian registration act. this contention must also fail no other contention has been raised before me. the appeal fails and is dismissed with costs. ..... intention. it is also urged that the document would fall under section 17 (a) (b) of the indian registration act as it is an adoption deed. an adoption deed is mentioned in entry 3 of schedule 1 to the indian stamp act. an adoption deed is referred to there as an instrument (other than will) recording an adoption or conferring or purporting .....

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Apr 13 1972 (HC)

Roop Lal Vs. State

Court : Himachal Pradesh

Decided on : Apr-13-1972

Reported in : AIR1973HP14

..... sc 1272 is not applicable to the facts of the present case, inasmuch as in that case a revision application under section 48 of the u. p. consolidation of holdings act filed by -the appellants against the order or the settlement officer consolidation, was dismissed by the deputy director of consolidation. allahabad, by order, dated july 15, 1961. the appellant then ..... 311. as would be evident from the state of nagaland v. g. vasantha, (air 1970 sc 537). it is purely a question of contract between the parties and the petitioner is governed by the terms of the contract, according to which his services were liable to be terminated by one month's notice or one month's pay in lieu thereof and .....

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Oct 03 1972 (HC)

Piyare Lal Khanna Vs. the Financial Commissioner

Court : Himachal Pradesh

Decided on : Oct-03-1972

Reported in : AIR1973HP50

..... ) 75 cal wn 955 where the calcutta high court held. on a petition for a certificate under article 133 (1) of the constitution that an application for rescission of a contract, a proceeding related to but subsequent to the decree in a suit, stood finally disposed of even though it was disposed of on the ground that it was not maintainable ..... the order did not finally dispose of the rights of the parties in relation to the dispute. the dispute between the parties related to claims for damages for breach of contract, and no part of the dispute had been adjudicated upon by the impugned order.11. in my judgment, the order dated august 9. 1p71 made by the division bench refusing ..... ) 'where after referring to a number of cases on the point we held that an order made by this court under section 15 (5) of the east punjab rent restriction act. 1949 remanding the case to the controller for fresh decision was not an order within the contemplation of article 133 (1) of the constitution.8. learned counsel for the petitioner .....

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