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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1976 Page 1 of about 8 results (0.014 seconds)

Apr 27 1976 (HC)

Lakshmi Chand Sood Vs. Shankar Lal Pal

Court : Himachal Pradesh

Decided on : Apr-27-1976

Reported in : AIR1976HP16

..... 7 or section 8 a contravention of the injunction is punishable with imprisonment and with fine under section 25 (2) of the act, if the determination of fair rent operates retrospectively, a landlord who recovers an amount under a contract which on subsequent determination under section 5 turns out to be in excess of the fair rent would be guilty of an ..... or section 8 and therefore of punishment under section 25 (2) in respect of an act done before the fair rent was fixed. the contention is misconceived. as long as a contract of tenancy is in force, the landlord is entitled to rent payable under that contract. it is difficult for any landlord to determine what should be the reasonable rent with reference ..... rent due must await the disposal of an application under section 5 of the act for determination of the fair rent. the submission of learned counsel is that when the fair rent is determined under section 5 it represents the rent due from the commencement of the contract of tenancy or of the. statute, whichever is later, and in any event it ..... to the provisions of section 5 of the act. section 5 does not automatically result in the determination of the .....

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May 18 1976 (HC)

Lobsang Khampa and ors. Vs. Sunam Ram

Court : Himachal Pradesh

Decided on : May-18-1976

Reported in : AIR1977HP23

..... with the defendant. sanam ram defendant (d.w. 14), of course, stated that individual supplies were made and individual payments were given. one contract had nothing to do with the other and decidedly one plaintiff was not interested as to what payment was made to the other plaintiff and if ..... 4). and konchak skyap plaintiff (p.w. 6) chose to state that the defendant had to make joint payment to them, meaning thereby that the contract was in the same transaction. if that was the intention, what was the difficulty in making supply and receiving payment, both entered in an account ..... to separate causes of action. it is incorrect that all the 11 plaintiffs had one common transaction with the defendant. in the contingency, of joint contract obviously there would have been a common account for both receipt and payment. but this is not the position. as regards the presence of kali ..... of law and fact cannot be stated to have arisen in all the acts or transactions. similarly the relief did not arise out of the same act or transaction or series of acts or transactions. each plaintiff had separate relief under his contract against the defendant. the case did not fall even under order 2, ..... rule 3, civil p. code, although that provision was not quoted in the plaint or in the replication. how the plaintiffs were jointly interested in all the acts or transactions? in monindra lal chatterjee .....

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Jun 15 1976 (HC)

Dharam Vir Kapur Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jun-15-1976

Reported in : AIR1976HP93

..... loss in the firm account. the appellant is a partner of 40% interest in the firm. admittedly there was a profit of about 15% in the contract work. there could be decidedly some handicap in the progress of the work due to the absence or neglect on the part of the appellant. as regards ..... vague that nothing can be inferred from this. it is evident that the appellant was not required to undertake any heavy duty in the performance of the contract. according to madan gopal, s. r. kapur who was the brother of the appellant used to supervise the construction work. the appellant also admitted that ..... advised by the doctor a light diet and light activity outside for a period of six weeks. according to the appellant he could not attend to his contract work at subathu and could go to the site of construction only in july 1969. accordingly the appellant claimed a compensation of rs. 52,000 from the ..... his brother used to look after the work and that he could not complete the subathu contract upto march 1969 and the period of contract was extended upto july 1969. it was for him to prove in what manner he suffered loss and to what extent he was ..... of the motor vehicles act, 1939 arises from the decision of the motor accidents claims tribunal, mahasu. the appellant dharamvir kapur along with his companion madan gopal was coming in a car no. ch161 on 4-1-1969 from chandigarh and was proceeding to subathu where he had taken a contract for laying out water .....

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Jun 23 1976 (HC)

Smt. Lila Wati and ors. Vs. Paras Ram and ors.

Court : Himachal Pradesh

Decided on : Jun-23-1976

Reported in : AIR1977HP1

..... the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract. but this rule 8 of order 3. in my opinion does not come into play because the plaintiffs had not based their case on ..... partition is to defeat the claims of the creditors. the partition with whatever ulterior motive it may have been effected is genuine. it has been acted upon by treating the property falling to the share of each party as their own by their subsequent conduct and dealings. in these circumstances the judgment ..... the next submission is that these bahis were not intended tu charge any person with liability within the meaning of section 34 of the indian evidence act and were produced particularly as proof of the construction of the suit property by the joint hindu family and to indicate custody and reliance is placed ..... kishori mal is entered in the exclusive ownership and possession of duni chand and presumption of correctness under section 45 of the himachal pradesh land revenue act attaches to the entries of the jamabandi. further it is evident from another copy of the jamabandi of the same year (exhibit p. 5) that ..... items of immovable property belonging to the joint family were left unpartitioned and undivided. therefore, according to the learned counsel for the respondents the alleged acting upon of the so-called partition is obviously illusory and smacks of artificiality. further, in order to elaborate this point he has contended that the .....

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Jun 08 1976 (HC)

Ran Singh Vs. Sagar Chand

Court : Himachal Pradesh

Decided on : Jun-08-1976

Reported in : AIR1977HP21

..... operation of the statute. it would, therefore, not be correct to say that the landlord has agreed to accept the tenant under a renewed contract of tenancy. the first contention of the petitioner is rejected.6. the second contention of the petitioner is that the termination of the tenancy is ..... a tenant is no longer entitled to possession on thetermination of his tenancy, the position is entirely different under the control of rent and eviction acts, where notwithstanding the termination of the contractual tenancy, the tenant continues to be entitled to possession. as a result of such continuing possession he ..... the parties to treat the lease as subsisting, that was not true where the parties were governed by the mysore house rent and accommodation control act. that was so because the tenant, notwithstanding the termination of the contractual tenancy, continued to be entitled by virtue of the statute to possession ..... as a revival of the tenancy and therefore attract section 113. these cases, however, are not concerned with situations arising under the rent control acts which, it cannot be disputed, have materially altered the general law.in pulin behary shaw v. miss lila dey, air 1957 cal 627 a ..... the premises to the respondent.2. the respondent landlord applied under section 13 (3) (i) (iii) of the east punjab urban rent restriction act for possession of the premises let out to the petitioner. the application was based on several grounds one of them being that the respondent bona fide .....

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Sep 02 1976 (HC)

Ambala Goods Carriers Pvt. Ltd. Etc. Vs. Regional Transport Authority ...

Court : Himachal Pradesh

Decided on : Sep-02-1976

Reported in : AIR1977HP46

..... that the impugned condition could not have been legally incorporated in their permits at the time of counter-signatures under section 63 of the act.17. the petitioners have raised other grounds attacking the impugned condition such as non-publication of the amended agreement entered into in the year ..... have a right of appeal which could have been availed of by them. but, it is an established position in law that if an act, which is complained against, falls totally outside the statutory provisions relating thereto, then this court can exercise its extraordinary powers under article 226 without ..... of putting counter-signatures contemplated by section 63 the counter-signing authority cannot impose any condition which falls outside the purview of section 56 of the act.9. the learned advocate-general, however, contended that clauses (i) and (iii) of sub-section (2) of section 56 contemplate the condition ..... it would be necessary to make a short reference to the relevant provisions of law which are contained in chapter iv of the motor vehicles act which relate to control of transport vehicles. the chapter contemplates different provisions with regard to different types of vehicles. but so far as, those ..... to pick-up or set down their goods between two stations of himachal pradesh state is violative of the provisions of the motor vehicles act and, therefore, even though both the states of himachal pradesh and haryana have imposed this condition pursuant to the agreement arrived at between them .....

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Sep 27 1976 (HC)

Shri Muni Lal Vs. Smt. Niki Mansa Ram

Court : Himachal Pradesh

Decided on : Sep-27-1976

Reported in : AIR1977HP51

..... air 1964 raj 232) where the plaintiff both in trial court and the first appellate court mainly contended that contract was not a forward contract and did not rely on government notification exempting such contract it was held that the plaintiff cannot be permitted in second appeal to amend tine plaint and lead evidence to ..... try the suit and further the plaintiff did not reserve this portion of the land as contemplated under the himachal pradesh tenancy and land reforms act and as such he has become the owner thereof. so, these are the pleas which are quite inconsistent to the pleas taken up by ..... allowed, even on the ground that there can be no real prejudice by the amendment and that the costs awarded against the amending party will act as the panacea for any possible inconvenience occasioned by the amendment.'the learned counsel for the appellant-petitioner submits on the basis of this authority that ..... of the land automatically in accordance with the provisions of the himachal pradesh tenancy and land reforms act, as amended, hence also the suit merits dismissal.2-a. it had been averred that these pleas had arisen to the appellant after the ..... and the appellant cannot be dispossessed from the land in dispute except in accordance with the provisions of the himachal pra-desh tenancy and land reforms act.(2) that the respondent having not reserved the area in dispute in accordance with law before the appointed day, he has become the owner .....

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Apr 28 1976 (HC)

Amar Chand Vs. Firm Dasondhi Mal Kuljas Rai and ors.

Court : Himachal Pradesh

Decided on : Apr-28-1976

Reported in : AIR1977HP58

..... of civil procedure has been dismissed. the appellant was defendant in a suit filed by m/s. firm dasondhi mal kuljas rai for specific performance of a contract of sale of timber and in the alternative for recovery of damages in lieu thereof. the material dales during the course of hearing 'commenced from 20-9- ..... high court in munna lal v. jai prakash (air 1970 all 257). the substance of the order has to be seen and even if the court purports to act under o. 17, rule 3 conditions may be made out to bring the case under order 9 or under order 17, rule 2, c.p.c. in ..... bhagwat nath (air 1966 all 615) a learned judge of that court rightly held that provisions of rule 3 are directory and their disregard cannot affect validity of act done. the learned judge made that observation with reference to the prescribed time limit within which the judgment could be pronounced. the expression used is 'forthwith' which ..... other order as it thinks fit. but when a party obtains time to produce evidence or to cause the attendance of his witnesses or to perform any other act necessary to the further progress of the suit, for which time has been allowed and does not do so, the court may notwithstanding such default, proceed to ..... the form of the order which has to be seen. the crux of the matter would be: how the court thought it fit to act on that day? if it thought fit to act under rule 3 for which there was legal justification the decision cannot but be on merit. it would, therefore, be pertinent to consider .....

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