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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1990 Page 1 of about 9 results (0.048 seconds)

Sep 15 1990 (HC)

Himachal Pradesh Financial Corporation Vs. Man Mohan Kaur Anand and an ...

Court : Himachal Pradesh

Decided on : Sep-15-1990

..... , it would be important to note section 74 of the indian contract act, 1872, which lays down as under :'74, compensation for breach of contract where penalty stipulated for-- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or ..... so long as the instalments are regularly paid.27. viewed in the light of the legal position as reflected by section 74 of the contract act, the plaintiff-corporation is entitled to receive from the debtor reasonable compensation not exceeding the penalty stipulated irrespective of the fact whether or not actual ..... is made inrespect of which there is no such waiver. 12. the applicability of article 36 or 37 of the limitation act depends upon the terms of the contract and the nature of the claim or the character of the suit brought in terms thereof. the mere fact that a contractual ..... 2. whether the plaintiff is estopped from filing the present suit against defendant no. 1 on account of its own acts, conduct and acquiescence ?3. whether there has been novation of contract between the plaintiff and defendant no. 1 thereby discharging defendant no. 1 from his liability?4. to what rate ..... its transfer to defendant no. 2 has specifically been denied inasmuch as the plaintiff neither consented nor allowed defendant no. 2 to enter into any contract in between themselves inter se qua its transfer. further, the plaintiff-corporation alleged that after the seizure of the truck, it was released and handed .....

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Oct 19 1990 (HC)

New India Assurance Co. Ltd. Vs. Shukri Alias Lunji and ors.

Court : Himachal Pradesh

Decided on : Oct-19-1990

Reported in : 1991ACJ897

..... fastened upon the insurance company.7. these arguments have been refuted on behalf of the learned counsel for the claimants and it has been argued that 'contract of employment' referred to in the motor vehicles act need not necessarily be with the insured alone, even the employees of the owner of the goods carried in a truck are as well entitled to ..... . ltd. v. chinnamal 1969 acj 226 (madras), as follows:though on a superficial view of the section, it might appear that the words 'contract of employment' found in section 95 of the motor vehicles act would cover only a contract of employment with the owner of the insured vehicle, there is a preponderance of authority in favour of the other view that it ..... permit the travelling of persons like the deceased in the truck and under the provisions of the motor vehicles act, the liability of the company is limited under the workmen's compensation act. it was further argued that there was no privity of contract between the labourer deployed by the hirer of the goods vehicle and the insurance company and the case which ..... considering similar provisions contained in the policy and the provisions of the act, full bench of punjab and haryana high court in oriental fire & general insurance co. ltd. v. gurdev kaur 1967 acj 158 (p&h;), has held that the expression 'a contract of employment' has a reference to a contract of carriage of goods whether in relation to the carriage itself or .....

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Jan 10 1990 (HC)

Arvind Singh Mann Vs. Himachal Road Trans. Corpn. Through Its General ...

Court : Himachal Pradesh

Decided on : Jan-10-1990

Reported in : 1990ACJ647

..... the government as soon as tax by way of surcharge is paid on the travelling ticket purchased by the passenger. the argument that no contract as envisaged under the indian contract act comes into being, is not acceptable in view of the nature of the transaction that takes place between the passenger and the state and ..... this section, there shall further be levied and paid to the state government a surcharge on the tax payable by every passenger carried by a stage/ contract carriage for each journey at a rate of 20 per cent subject to a minimum of 5 paise in any one case, the amount of surcharge being ..... the risk to the ex gratia payment as laid down in the schedule for death or disablement of the bona fide passenger travelling in stage carriage or contract carriage registered and/or licensed in the state of himachal pradesh to carry passengers for hire or reward and whose originating or destination point is in ..... taken all the relevant facts into consideration. [see: c.k. subramania iyer v. t. kunhi kuttan nat 1970 acj 110 (sc)].17. the motor vehicles act, 1939 (act no. 4 of 1939) provides a special forum to adjudicate cases for compensation by a tribunal under section 110. section 110-a deals with an application for ..... or for dependency and for loss to the estate came for the first time in the shape of sections 1-a and 2 of the fatal accidents act, 1855 (act no. xiii of 1855) that came into being from 27th march, 1855. preamble to the same says as under:whereas no action or suit is .....

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Oct 26 1990 (HC)

Kanta Devi and anr. Vs. Dayal Singh and ors.

Court : Himachal Pradesh

Decided on : Oct-26-1990

Reported in : I(1991)ACC415,1991ACJ336

..... details and the history of vehicle and its owner, including claims or no claims in the past that premium payable on the insurance is determined and the contract is formed. thus, in the absence of express stipulation in the policy to the contrary, the moment the insured parts with his vehicle, the policy ..... he has no longer any insurable interest to which the policy in his favour can relate and continue to have force affecting thereby the basis of contract of insurance as also the specified vehicle to which the indemnity relates, as is clear from the details required to be set out in the policy ..... relating to it lapses, inasmuch as the vehicle is the subject-matter of the very foundation of contract of insurance. neither section 96 (1) nor section 96 (2) of the act results in a policy of motor insurance being continued to operate and not lapse, notwithstanding the fact that the insured ..... the said transitional period and accordingly till the compliance of the provisions of the act, the liability of the transferor subsists and the policy is in operation, so far as it relates to the third party risks.13. a contract of insurance is between the insurer and the insured, the subject-matter is ..... law relating to contracts, nor the common law gives third party a cause of action against the insurer. if a third party risk arises under the policy it is entirely a matter between the insurer and the insured governed by the terms of the policy. section % (1) of the act makes it obligatory .....

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Nov 12 1990 (HC)

H.P. State Small Industries and Export Corporation Vs. Export Credit a ...

Court : Himachal Pradesh

Decided on : Nov-12-1990

Reported in : AIR1992HP17

..... specific agreement referring to the territorial jurisdiction pertaining to the dispute arising out of the abovesaid transaction entered into between the parties. the factum of the contract having been entered into at bombay and the defendant carrying on its business at that place is also not disputed. further the liability of the plaintiff ..... to be made only and it does not pertain to the forum of territorial jurisdiction regarding vis a vis the dispute arising out of the contract entered into between the parties in the instant case. 'payments to be made' may flow from the admitted liability or a dispute arising in between ..... law applicable gives the plaintiff a right to relief against the defendant. it must include some act done by the defendant since in the absence of such act, no cause of action can possibly accrue. also, if the contract is entered at a particular place or is to be performed at the named place other ..... principles, the payments made by the defendants through demand drafts in favour of the plaintiff-corporation encashable in the state bank of india at shimla, who acted as defendants' agent, gives rise to a cause of action in part and covered by sub-section (c) of section 20 of the code of ..... than the place where the contract was entered into or where the money was agreed to he payable .....

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Jul 13 1990 (HC)

Yogendra Chandra Vs. Commissioner of Wealth-tax and ors.

Court : Himachal Pradesh

Decided on : Jul-13-1990

Reported in : [1991]187ITR58(HP)

..... immediately upon the issue of the notification in question for coming to a conclusion as to the nature of contracts which were to be considered as being covered by the notification issued under the securities contracts (regulation) act, 1956. also, from its decision in k.p. varghese v. ito : [1981]131itr597(sc) , ..... 4) redundant. such redundancy is not countenanced by law. more so, as in the case of similar provisions of section 273a of the income-tax act, the legislature designedly extended the scope of power of the commissioner for grant of relief from that which he possessed under section 271 (4a) and ( ..... the assessment or any proceeding for the recovery of any amount due from him : provided that where the amount of any penalty payable under this act or, where such application relates to more than one penalty, the aggregate amount of such penalties exceeds one hundred thousand rupees, no order reducing ..... wealth and has either paid or made satisfactory arrangements for the payment of any tax or interest payable in consequence of an order passed under this act in respect of the relevant assessment year. explanation. -- for the purposes of this sub-section, a person shall be deemed to have made ..... made another application dated august 4, 1986, to the commissioner of wealth-tax, patiala, describing it as a petition under section 18b(4) of the act. amongst other things, he mentioned in it that the amount of penalty is too large and that he had no money to discharge the colossal liability .....

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Jul 12 1990 (HC)

National Insurance Co. Ltd. Vs. Raj Kumari and ors.

Court : Himachal Pradesh

Decided on : Jul-12-1990

Reported in : I(1991)ACC243,1991ACJ85

..... vehicle is a goods vehicle,...(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,-(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all,(ii) in respect of passengers,-(1) xxx ..... the tribunal has made all the respondents liable for the award amount without specifying the exact amount exclusively recoverable from the insurance company.7. section 95 of the motor vehicles act, 1939 (act no. 4 of 1939) so far relevant is as under:95. requirements of policies and limits of liability.(1) in order to comply with the requirements of this chapter ..... the deceased died at the spot. the case of the respondents has been that the accident took place on account of unforeseen mechanical defect in the bus which was an act of god and beyond the control of the driver of the vehicle. it has been denied that the bus was being driven negligently or rashly. they have denied even the .....

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Jan 08 1990 (HC)

Kumari Rachna Vs. Himachal Road Transport Corporation and ors.

Court : Himachal Pradesh

Decided on : Jan-08-1990

Reported in : 1990ACJ840,AIR1991HP73

..... entrusted with the task of driving the ill-fated bus and about the medical history of the driver, in terms of the requirements of the act noticed above, it cannot be said that the hrtc has succeeded in displacing the presumption of negligence arising both form the doctrine of 'res ipsa ..... by the statute. in the case of a motor accident the owner is only liable for negligence and on proof of vicarious liability for the acts of his servant.. ..(paragraph 31)....we conclude by stating..... and hold thatproof of negligence is necessary before the owner or the insurance company could ..... servant the owner is made liable on the basis of vicarious liability. before the master could be made liable it is necessary to prove that the servant was acting during the course of his employment and that he was negligent, (paragraph 22)...... . . . in order to succeed in an action for negligence the ..... circumstances it must be held that this accident was a result of factors which were beyond the control of the owners of the vehicle and no act of rashness or negligence could be imputed to them.' '12 .... it has to be established by the petitioners that this person had suffered such ..... rashly or negligently and that the accident took place because of unavoidable and inevitable circumstances beyond human control which could not be foreseen and amounts to an act of god' and, therefore, the respondents are not responsible for the same and the compen-sation claimed against the respondents was not admissible. the .....

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Mar 06 1990 (HC)

Gian Chand Ashok Kumar and Company and ors. Vs. Union of India (Uoi) a ...

Court : Himachal Pradesh

Decided on : Mar-06-1990

Reported in : (1991)100CTR(HP)1,[1991]187ITR188(HP)

..... it becomes difficult to establish the identity of the persons and trace them or because of the fact that the persons in whose names contracts are taken are men of no means.with a view to combat large scale tax evasion by persons deriving income from such businesses, the ..... the petitions to substantiate this plea. they also submit that it was because of this nature of transaction that the direct tax laws(amendment) act, 1989, inserted a proviso to section 44ac. since they are also covered by this amendment, the demand of the respondents for payment of tax ..... make submissions accordingly. the petitioners left all other claims in their cases and confined their submissions to the question whether the direct tax (laws) amendment act, 1989, reproduced above, comes to their rescue or not.8. the precise submission of the petitioners in all these petitions is that they are ..... to mean the central government, a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company.this amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 ..... 'seller' means the central government, a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company, or firm.''bb collection at source206c. profits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.--( .....

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