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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1980 Page 1 of about 4 results (0.032 seconds)

May 20 1980 (HC)

State of Himachal Pradesh and anr. Vs. Motilal Partap Singh and Co. an ...

Court : Himachal Pradesh

Decided on : May-20-1980

Reported in : AIR1981HP8

..... . in state of madras v. cannon dunkerley & co. air 1958 sc 560, the court after referring to the contract act as well as the sale of goods act, ruled: 'if under the contract of sale title to the goods has not passed, then there is an agreement to sell and not a completed sale.' in commr. of ..... merely 'an agreement to sell'. sale is defined by section 54 of the t. p. act as a transfer of ownership in exchange for a price paid or promised or part paid and part promised. section 77 of the contract act defines sale thus :' 'sale' is the exchange of property for a price. it involves the ..... transfer of the ownership of the thing sold from the seller to the buyer.'section 79 of this act lays down 'where there is a contract for the sale of a thing which has yet to be ascertained, made or finished the ownership of the thing is not transferred ..... enquiry the collector finds that a lease, contract or agreement has been entered into in contravention of any of the provisions of the said act or the rules made thereunder or has been entered into as a result of fraud or concealment of ..... and after making such enquiry as he deems fit, the collector is satisfied that such leases, contracts or agreements are hi accordance with the provisions of the said act and rules, he shall pass order declaring such leases, contracts or agreements having been made on behalf of the state government.(3) where on such examination and .....

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Jul 30 1980 (HC)

Shri Kundan Lal Ahuja and anr. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jul-30-1980

..... person making the representation provides otherwise, result in an agreement enforceable at law ; if the statute requires that the agreement shall be in a certain form, no contract may result from the representation and acting therefor but the law is not powerless to raise in appropriate cases an equity against him to compel performance of the obligation arising out of his representation ..... an estoppel, if another person alters his position relying upon that representation. a representation that something will be done in the future may result in a contract, if another person to whom it is addressed acts upon it. a representation that something will be done in future is not a representation that it is true when made. but between a representation of ..... to their prejudice. the obligation arising against an individual out of his representation amounting to a promise may be enforced ex contractu by a person who acts upon the promise : when the law requires that a contract enforceable at law against a public body shall be in certain form or be executed in the manner prescribed by statute, the obligation if the ..... is still open to a party who has acted on a representation made by the government to claim that the government shall be bound to carry out the promise made by it, even though the promise is not recorded in the form of a formal contract as required by the constitution.'18. again the same question came up for consideration before the .....

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Aug 26 1980 (HC)

Dalip Singh Vs. Jaisi Ram and anr.

Court : Himachal Pradesh

Decided on : Aug-26-1980

Reported in : AIR1981HP49

..... absorption of swallowing up so as to involve a loss of identity and individuality. in law it is the absorption or extinguishment of one estate or contract in another. it is said that merger is an operation of law not depending on the intention of the parties.' in aiyar's law lexicon ( ..... alienation only in certain contingencies. these restrictions had been placed by the law itself. section 14 (1) of the hindu succession act has now removed or abolished these restrictions. this provision has thus simply enlarged the former restricted estate of the widow into an absolute one. this ..... estate smaller or greater with which the estate inherited by the widow could merge. before the enactment of section 14 (1) of the hindu succession act there were certain restrictions placed on the right of a widow to alienate the estate inherited by her from her husband and she could make such ..... inherited from her husband. according to the learned judges, with the coming into force of sub-section (1) of section 14 of the hindu succession act, 1956, the lesser estate of the widow she had inherited from her husband had merged into the larger estate created by law and on such merger ..... the arguments advanced by the learned counsel for the appellant it is considered desirable to quote the relevant provisions of section 15 of the punjab pre-emption act : '15. persons in whom right of preemption vest in respect of sales of agricultural land and village immovable property. 15. (1) the right .....

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May 22 1980 (HC)

Smt. Pushpawati Vs. United Commercial Bank and ors.

Court : Himachal Pradesh

Decided on : May-22-1980

..... made in para. (51) which is reproduced below (ibid):' it is necessary, however, to bear in mind that, under modern conditions, choses-in-action arising out of contract have two aspects: (1) as property, and (2) as involving a contractual obligation for performance. the property aspect is relevant for purposes of assignment, administration, taxation and ..... it could be found, though we do not decide that. but the reason is that the action is then, not on the debt, but on the breach of the contract to pay at the place specified in the agreement.' [new york insurance co. v. public trustee [1924] 2 ch 101, 116, 121 (ca)].19. paragraph (46 ..... the real sense. this contention of the respondents is repelled by a decision of the supreme court in shanti prasad jain v. director of enforcement, foreign exchange regulation act [1963] 33 comp cas 231 ; air 1962 sc 1764. the supreme court in this case has observed that the law is well settled that when moneys ..... duty of the debtor and, as lord reid explains in arab bank ltd. v. barclays bank [1954] ac 495 at p. 531 (hl), a contract of current account necesarily implies an agreement that that shall not be the bank's duty, otherwise the whole object of the ..... are the very rules which in practice would be used to determine the proper law of the contract. '22. the relevant observations in para. (49) are (at p. 599): ' 'a proper law intended as a whole to govern a contract is administered as ' a living and changing body of law ' and effect is given to any .....

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