Skip to content

Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1988 Page 1 of about 7 results (0.055 seconds)

Jun 30 1988 (HC)

State Bank of India, Bathri and Etc. Etc. Vs. Balak Raj Abrol and anr. ...

Court : Himachal Pradesh

Decided on : Jun-30-1988

Reported in : AIR1989HP41

..... in mind that the cause of action against principal-debtorand surety is independent and separate. furthermore, when the legislature has specifically provided in section 137 of the indian contract act, 1872 that the creditor's forbearance to sue the'principal-debtor or to enforce any other remedy against him would not, in the absence of any provision in the guarantee ..... the contract, the liability of the surety is coextensive with that of the principal-debtor. the sureties thus became liable co pay the entire amount. their liability was ..... over of management) act, 1978 and further issued a notification suspending all liabilities under contracts to which the said undertaking was a party. while considering the liability of the guarantors, the supreme court observed : 'any proceeding against the guarantor would remain unaffected by the issuance of such a notification. under section 128 of the indian contract act, 1872, save as provided in ..... immediate and it was not deferred until the creditor exhausted his remedies against the principal-debtor. the act does riot say that when a notification is issued .....

Tag this Judgment!

Mar 28 1988 (HC)

Brahama Nand and anr. Vs. Smt. Roshani Devi

Court : Himachal Pradesh

Decided on : Mar-28-1988

Reported in : AIR1989HP11

..... this type of agreement, in my opinion, is forbidden by the provisions of section 10 of the act.8. i feel that this type of agreement is also hit by the provisions of section 23 of the contract act, 1872 which lays down that the consideration of or object of an agreement is lawful, unless it is ..... rescinded only by a registered instrument and no evidence of subsequent oral agreement to modify or rescind the contract is permissible.'the bar of estoppel or waiver in such a situation also does not fall on the way of defendant no. 1 to challenge the validity ..... permitted, it would entirely defeat the provisions of this section and thus the document is void ab initio.9-a. it may also be mentioned that the contract of sale by the plaintiff in favour of defendantno. 1 (ex.d-1) is a valid document duly registered whereas the plaintiff now wants to revoke ..... dissipate or alienate this land but would go on benefiting therefrom from generation to generation as was desired by the plaintiff vendor and that in case he acted in violation of this condition, the plaintiff vendor would be entitled to purchase back this land on payment of rs. 500/-. defendant 1 vide a gift ..... and this, in my opinion, is prohibited by the proviso to section 92 of the evidence act. it has been so held in air 1973 ori 22, madanmohan jena v. srinath samal, wherein it has been observed :'a contract reduced to writing and registered, either voluntarily or as required by law, can be modified or .....

Tag this Judgment!

Jul 19 1988 (HC)

Smt. Niko Devi Vs. Kirpa

Court : Himachal Pradesh

Decided on : Jul-19-1988

Reported in : AIR1989HP51

..... much in loco-parentis to the plaintiff.9. at this stage the provisions of section 16 of the contract act, may be noted which defines undue influence as follows : --'16. 'undue influence' defined. -- (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such ..... third point emerges, which is that of the onus probandi. if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other'. in air ..... he holds a real or apparent authority over the other, or where he stands in fiduciary relation to the other; or(b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person ..... the courts in england for granting protection against transactions procured by the exercise of insidious form of influence, spiritual and temporal. the doctrine applies to acts of bounty as well as to other transactions in which one party by exercising his position of dominance obtains an unfair advantage over another. the ..... sufficient material has been brought on record to show that the defedant did not exercise any undue influence on the plaintiff and it was a voluntary act on her part and it, therefore, allowed the appeal and dismissed the suit of the plaintiff as stated earlier. thus the only question that .....

Tag this Judgment!

Dec 22 1988 (HC)

Ram Kishan and ors. Vs. Kanwar Papers Private Ltd.

Court : Himachal Pradesh

Decided on : Dec-22-1988

..... the question of public policy again. in paragraph 93 of the report, it observed, inter alia, that (at page 859 of 60 comp cas) :'the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public ..... observed by a division bench of that court that where a statutory provision laid down a rule of public policy, neither party to an agreement can contract out of it. it relied upon the dictum of their lordships of the privy council in equitable life assurance society of the united states v. reed ..... horse', etc.; the primary duty of a court of law is to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on what is called ..... subba rao j., in some detail in paragraphs 21 to 23 of the report. after referring to a number of text books on the law of contract halsbury's laws of england and several decisions of the english and indian courts, the doctrine of public policy was summarised thus (at page 795) ..... an earlier case, ruled that a public servant whose salary was exempt from attachment under section 60(1), civil procedure code, could not contract himself out of the statutory provision because such a contract was opposed to public policy. likewise, in associated cement companies ltd. v. state of rajasthan, air 1981 raj 133, it .....

Tag this Judgment!

Sep 23 1988 (HC)

Gian Chand Vs. Mani Karan and anr.

Court : Himachal Pradesh

Decided on : Sep-23-1988

Reported in : [1989(58)FLR360],(1990)ILLJ565HP

..... 10.000/- not only no sum can be arbitrarily awarded by way of compensation in a proceeding under the act, but no contract or agreement also is valid under the act, which has the effect of a workman relinquishing his any right of compensation from the employer for personal injury ..... this court whichdisclose a total lack of perception and of thepurposive approach which the commissioners arerequired to make to these cases.5. the act has been enacted to provide for the payment of compensation by certain classes of employers to their workmen or their dependants for the injury ..... few general observations about thesocial purpose of the legislation and the approachwhich the commissioners are required to makewhile trying the cases arising under the act. thishas become essential in the context of the facts of this case since a number of such or similar casesare coming up in ..... to the extent of 100%2. it appears that when the parties appeared for the first time before the commissioner under the workmen's compensation act. dalhousie (hereinafter referred to as 'the commissioner'), their statements were recorded. the respondents at that time admitted all the material facts giving ..... arising out of or in the course of his employment, so for as it purports to remove or reduce the liability of any person to pay compensation under the act .....

Tag this Judgment!

Nov 08 1988 (HC)

State Bank of Patiala Vs. Hypine Carbons Ltd. (In Liquidation) and ors ...

Court : Himachal Pradesh

Decided on : Nov-08-1988

Reported in : AIR1990HP10

..... the plaintiff bank and the various defendants. before succeeding in its claim against any of the contesting defendants, the plaintiff bank will have to establish the contract contained in its agreement dated dec. 18, 1972, with the first defendant. in respect of the contesting defendants it would also be necessary for the ..... slate of himachal pradesh the following rule is applicable as rule 8 in order11, cpc on account of section 25 of the state of h.p. act 1970 (act 53 of 1970) :'8(1) where an objection, duly taken, has been allowed by the court, the plaintiff shall be permitted to select the ..... on 1977. this court alone has the jurisdiction to try the present suits, irrespective of their valuation, on account of section 446(2) of the companies act, 1956. besides, by an order made on may 30, 1979, in company application 4 of 1978 the plaintiff bank was allowed by this court 'to ..... the court's order, the court shall proceed as provided in rule 18 of order vi and as required by the provisions of the court-fees act.' 20. order vi rule 18 says that :--'if a party who has obtained an order for leave to amend does not amend accordingly within the ..... m/s. kuldip industrial corporation. this court, while admitting the petition, appointed a provisional liquidator for the first defendant under section 450 of the companies act, 1956.4. the first defendant made default in making repayments as envisaged under the various agreement with the bank. the manufacturing operations of the first defendant .....

Tag this Judgment!

Jun 16 1988 (HC)

Smt. Parvati Vs. Shiv Ram and anr.

Court : Himachal Pradesh

Decided on : Jun-16-1988

Reported in : AIR1989HP29

..... ram in paragraph 4. she gave out that shiv ram was working as alines-man in the electricity department, shimla, and was living there. he contracted a second marriage and a daughter was born to him out that marriage. in fact, shiv ram had deserted her and was treating her with cruelty ..... v. meena, air 1964 sc 40. the necessity of proper pleadings in the context of the nature of the proof required cannot be over emphasised.13. acts of 'cruelty' have to be specifically pleaded. in the absence of such pleadings it would be impossible for the answering spouse to effectively meet the allegations. ..... dev, it was not necessary to give particular instances. the precise submission was that particularisation was needed when relief was claimed on the basis of isolated acts of adultery and not when the allegation was that the wife was living with another man as his wife. this submission does not merit serious consideration ..... of the code of civil procedure and section 20(1) of the act, in a petition for divorce on the ground of adulterous sexual intercourse with any other person other than the spouse, the petitioner shall, amongst other things ..... .7. this court has framed the 'hindu marriage and divorce (himachal pradesh) rules, 1982 in exercise of powers under ss. 14 and 21 of the act. rule 5, which deals with the contents of the petition, says that in addition to the particulars required to be given under order 7, rule 1 .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //