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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1977 Page 1 of about 8 results (0.026 seconds)

May 10 1977 (HC)

Pardhana Vs. AmIn Chand and ors.

Court : Himachal Pradesh

Decided on : May-10-1977

Reported in : AIR1977HP94

..... he found in fact that the transaction was void inasmuch as there was never any consent to the gift within the meaning of section 19, of the indian contract act. reliance was also placed on the following observation in mt. azizunnissa v. siraj husain, air 1934 all 507 (at p. 51-1):'the right of revocation ..... right does not survive to the present plaintiffs.'6. marten, c. j. of the bombay high court, referred to the provisions in the indian contract act which contemplated that in certain cases the benefit and burden of promises should devolve on legal representatives. referring to section 19 and section 19-a of the ..... contract act, he said in shravan goba v. kashiram devji, air 1927 bom 384 (at pp. 387, 388)'in this connexion it may be pointed out ..... relies on the following passage in baijnath singh v. brijraj kuar, air 1922 pat 514 (at p. 525):'i agree that if this were a voidable contract and not void ab initio it would have to be set aside before a suit for possession could be maintained and further that bhagela kuer could not transfer ..... the first judge to adopt what seems to me a forced, unnatural and unjust construction of this act.'under the english law it is deemed clearly settled that in equity not only may a party to a contract himself bring a suit to set it aside but also that his legal representatives may do so after .....

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Apr 13 1977 (HC)

Jaimal Singh Lachman Singh Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Apr-13-1977

Reported in : AIR1977HP70

..... their favour by this extension order and this could be taken away only after having afforded an adequate opportunity to them to show cause why the contract should not be cancelled for non-compliance with the terms of the agreement. the petitioner could have shown some reasonable cause which might have convinced ..... a case of the present petitioner and the facts appear to be quite identical in both the cases. in that case also he had taken a contract for felling bamboos in ropar and. after the expiry of the normal period of lease further extension was granted which was subsequently cancelled without any notice ..... respondents further relied on har shankar v. deputy excise and taxation commr. (air 1975 sc 1121). in that case the attack was for impeaching the very contract. but, this is not the case here. here the case is that the respondents had extended the period and so now they cannot take away that ..... petition by way of a writ. therefore, on the basis of this authority it is quite evident that although the right had initially accrued in a contract, the extension did really create a civil right in their favour and the right was taken away by the respondents arbitrarily without giving them any adequate ..... be cancelled on a notice of 30 days. but, the present is not a contract in such terms. here the agreement itself states that it has been entered into in pursuance of the provisions of the indian forest act, as amended, and the rules made thereunder. this is the very opening paragraph of the .....

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Mar 29 1977 (HC)

Eastern Commercial Corporation Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Mar-29-1977

Reported in : AIR1977HP74

..... /or whether it has been finally decided accordingly failing either of which whether the arbitrator referred to below should decide it or whether the contract hereinbefore contained should be terminated or has been duly terminated and as regards rights and obligations of the parties as the result of such ..... passing orders pursuant to these provisions of the code of civil procedure. this is, of course, subject to the provisions of the indian arbitration act. if the proceedings are not actually pending before the court, then for the purpose of and in relation to arbitration proceedings clause (b) of ..... 31 does is merely to confer jurisdiction without conferring power in the court to decide such matters. he pointed out that the scheme of the act suggests that the concept of power and concept of jurisdiction are quite different. now it cannot be gainsaid that both these concepts are different. ..... the reference relates.(2) notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming ..... termination shall be referred for arbitration to the deputy commissioner. sirmour district, nahan or should he be unable or unwilling to act, to such assistant as the said deputy commissioner shall appoint as sole arbitrator and his decision shall be final and binding and where the .....

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Sep 29 1977 (HC)

Chamaru Etc. Vs. Khazan Singh Etc.

Court : Himachal Pradesh

Decided on : Sep-29-1977

Reported in : AIR1978HP58

..... by the. article also to tribunals...... further, thepreponderance of judicial opinion in india was that section 107 which was similar in terms to section 15 of the high courts act, 1861, gave a power of judicial superintendence to the high court apart from and independently of the provisions of other laws conferring revisional jurisdiction on the high court. in ..... and tribunals throughout the territories in relation to which it exercised jurisdiction. moreover, the restrictive provision contained in sub-section (2) of section 224 of the government of india act. 1935 was absent from article 227. by the amendments now introduced in article 227 parliament, it would seem, intends to bring those provisions within the same circumscribed limits as ..... substantive law, as distinct from procedural law, has been uniformly held to operate prospectively only, unless the law expressly declares or necessarily implies a retrospective character. even where the act operates retrospectively, its retrospective operation must be strictly limited within the bounds set by it. in united provinces v. mt. atiqa begum, air 1941 fc 16 the federal court ..... confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.' subsequently, the constitution (forty-second amendment) act, 1976 was enacted, and section 40 thereof, which was brought into force from feb. 1, 1977, substituted the existing clause (1) by the following clause:'(1) every high .....

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Aug 04 1977 (HC)

Gainda Mal Charanji Lal Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Aug-04-1977

Reported in : AIR1978HP17

..... private carriers the government may accept a lump sum in lieu of the tax chargeable on freight in the manner prescribed;provided further that in case of contract carriages the government may accept a lump sum in lieu of the tax chargeable on fare in the manner prescribed.' so far as the above cited ..... offend the provisions of article 14 of the constitution or not.12. it should be noticed that the lump sum tax contemplated by section 4 of the act is in lieu of the tax which is chargeable under section 3. if again a reference is made to the provisions contained in section 3, it ..... decision, is also struck down in this case, it would not be necessary to go into the question of vires of sections 3 and 4 of the act. the learned advocate general, however, contended that since this matter is already referred to this full bench, the state government would like to urge the reconsideration ..... to time. on 30th march, 1970 this rule was amended in exercise of the power conferred by above referred section 22 read with section 4 of the act. the relevant amendment which is under challenge, is as under :'provided that with effect from 1st april 1970 the owner of the public carrier or a ..... full bench was constituted to consider the following three questions which were referred to it.1 are sections 3 and 4 of the himachal pradesh passengers and goods taxation act, 1935 ultra vires and void either because they infringe article 19 (1) (f) and (g) or because they infringe article 301 of the constitution of .....

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Sep 05 1977 (HC)

Union of India (Uoi) and anr. Vs. Vishwanath Sud and anr.

Court : Himachal Pradesh

Decided on : Sep-05-1977

Reported in : AIR1978HP31

..... learned counsel for the contractor that clause 2 of the agreement constitutes the superintending engineer as the final authority for determining the compensation in accordance with section 74 of the contract apt. whether or not clause 2 should be applied in accordance with the principles embodied in section 74 need not detain us, because we are satisfied that the finality ..... every day that the work remains uncommenced, or unfinished, after the proper dates............'7. clause (25) declares : 'clause (25) :--settlement of disputes by arbitration.except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work ..... any reason, the chief engineer, himachal pradesh public works department at the tune of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the contract. such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. it is ..... also a term of this contract that no person other than a person appointed by the chief engineer, himachal pradesh public works department should act as arbitrator and, if for any reason, that is not possible, the matter is not to be referred to arbitration .....

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Jun 28 1977 (HC)

Tralok Chand and anr. Vs. Arjun Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-28-1977

Reported in : AIR1978HP2

..... kartar singh. but that was a matter of arrangement between kartar singh and the members of his family, and did not in any manner affect the intrinsic nature of the contract of tenancy which kartar singh had entered into with the landlord. the landlord was obviously not concerned as to how, and in what manner, kartar singh conducted his business ..... .37. a full bench of the punjab high court again considered this point in sham sunder v. ram das (air 1951 pun] 52). considering the provisions of the same act (act of 1947) the full bench held that section 13 thereof did not oust the jurisdiction of civil court to grant a decree for eviction but merely controlled the execution of ..... atenant is passed that decree shall not beexecuted 'except in accordance with theprovisions of the section'. according tothe learned advocate of the appellants,therefore, the above provision of therent act does not debar a civil courtfrom trying a suit for eviction, and whatit prohibits is only the execution of adecree before ascertaining whether thegrounds for eviction, as contemplated bythis section ..... bythe defendants, it will become evidentthat nowhere therein the defendantshave raised the contention relating toholding over. the principle of holdingover as found enacted in section 116 of thet. p. act rests on an implied agreementbetween the landlord and the tenantconcerned regarding the continuation ofthe tenancy rights even after the original tenancy has come to an end. underthe circumstances, this implied .....

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Aug 22 1977 (HC)

State of Himachal Pradesh Through Shri M.G. Chitkara, Advocate General ...

Court : Himachal Pradesh

Decided on : Aug-22-1977

Reported in : AIR1978HP1

..... constitution, but all that is contemplated there is that orders and instruments made and executed in the name of the governor shall be authenticated. it may be true that all contracts referred to in article 299 (1) have to be in writing, but it does not mean that the direction or authorisation to an officer to execute the ..... contract must also necessarily be in writing. it is urged by the learned advocate general that an oral direction or authorisation cannot be issued so as to vary the terms of ..... the notification issued by the law department of the state government stating that if the amount or value of the contract relating to a matter connected with the administration of forests and the business of the forest department does not exceed rupees one lac then the ..... contract may be executed by the conservator of forests, but if the amount or value exceeds rupees one lac but not rupees two lacs the officer authorised is the chief conservator .....

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