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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1997 Page 1 of about 21 results (0.015 seconds)

Mar 13 1997 (HC)

Himachal Pradesh Nagar Vikas Pradhikaran Vs. Regional Provident Fund C ...

Court : Himachal Pradesh

Decided on : Mar-13-1997

Reported in : (1998)IILLJ267HP

..... or the liability of the petitioner under the provisions of the act will still be there. the supreme court had on more than one occasion dealt with the question as to ..... labour laws vis-a-vis the employees of the contractors. referring to section 20 of the contract labour (regulation and abolition) act, the court held that if any amenity required to be provided under the said act for the benefit of the workmen employed in an establishment is not provided by the contractor ..... central government under that provision and establish either because of its financial position or other circumstances, it should be exempted from the provisions of the act. if the central government is satisfied, then it may issue a notification under section 16(2) granting such exemption. in the absence of such ..... property both movable and immovable, and subject to the provisions of the act or rules made there under to transfer any property held by it, to contract and to do all other things necessary for the purposes of the act and may sue and be sued in its corporate name. under section ..... the act.16. the next contention of the petitioner that in so far as the petitioner's activities are concerned, they are always entrusted to the contractors and there is no construction activities directly by the petitioner is of no merit. even if, the petitioner has engaged workmen through a contract .....

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Jul 23 1997 (HC)

Hari Nath and Etc. Vs. Raghu Nath and ors.

Court : Himachal Pradesh

Decided on : Jul-23-1997

Reported in : AIR1998HP28

..... arises is whether the plaintiff firm had manufactured the contractgoods and whether it had sold them to third parties within reasonable time as contemplated insection 54 (2), sale of goods act. if there was no anticipatory breach of the contract, then it was necessary for the plaintiff firm to prove that they were ready and willing to perform their part of the ..... one do not amount to an intimation of an intention to abandon and altogether to refuse performance of the contract. that the true question is whether the acts and conduct of the party evince an intention no longer to be bound by the contract.' 12. a similar rule was laid down by bigham j. in -- 'millar's karri & jarrah co. (1902) v. weddel ..... one of the parties before the time for performance has come does not itself put an end to the contract for the reason that there cannot be renunciation of a contract by unilateral repudiation, and this is recognised by section 60, sale of goods act which gives the other party a right to treat it as subsisting or to elect to treat as ..... for the breach.'10. mr. mittal contends that the plaintiff firm treated the contract as rescinded on the datethat it sold the goods of this contract to third parties. he has further contended that admittedly the present contract was hot an instalment contract and therefore section 38(2), sale of goods act is not applicable and therefore the repudiation of 5-7-1948 by the .....

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Apr 01 1997 (HC)

Commissioner of Income-tax Vs. Subash Chand and Co.

Court : Himachal Pradesh

Decided on : Apr-01-1997

Reported in : [1998]230ITR16(HP)

..... court pointed out that the partnership agreement did not violate any public policy or offend the provisions of section 23 of the indian contract act. the main reasoning is that there was no prohibition in the rules or the conditions of the licence against the constitution of a ..... granted registration earlier and they have applied for renewal of registration in form no. 12. the wording of section 184(7) of the income-tax act is mandatory in terms and it contemplates registration to have effect for every subsequent year provided the two conditions mentioned therein are satisfied. in this case ..... co. : [1995]214itr650(sc) , where a question arose whether a sub-partnership could claim the benefit of registration under the provisions of the income-tax act. the bench which decided degaon ganga reddy's case : [1995]214itr650(sc) took the view that such registration could be given provided the sub-partnership is ..... for carrying on the business in foreign liquor by the holder of the licence. the firm was registered under section 26a of the indian income-tax act, 1922, and it was also renewed for the assessment years 1958-59 and 1959-60. but the commissioner, under section 33b, cancelled the registration for ..... cit v. hardit singh pal chand and co. that if a licensee of a liquor contract takes any person a partner or if the licensee is a firm, admits new partners in contravention of the provisions of the excise act, the firm will not be entitled to registration.' 3. the income-tax officer did .....

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Apr 01 1997 (HC)

Commissioner of Income Tax Vs. Subash Chand and Co.

Court : Himachal Pradesh

Decided on : Apr-01-1997

Reported in : (1998)146CTR(HP)262

..... pointed out that the partnership agreement did not violate any public policy or offend the provisions of s. 23 of the indian contract act. the main reasoning is that there was no prohibition in the rules or the conditions of the licence against the constitution of ..... had been granted registration earlier and they have applied for renewal of registration in form no. 12. the wording of s. 184(7) of the it act is mandatory in terms and it contemplated registration to have effect for every subsequent year provided the two conditions mentioned therein are satisfied. in this case ..... g. ramakrishna & co. : [1995]214itr650(sc) where a question arose whether a sub-partnership could claim the benefit of registration under the provisions of the it act. the bench which decided degaon ganga reddys case (supra) took the view that such registration could be given provided the sub-partnership is different from the main partnership ..... entering into partnership for carrying on the business in foreign liquor by the holder of the licence. the firm was registered under s. 26a of the indian it act, 1922, and it was also renewed for the asst. yrs. 1958-59 and 1959-60. but the cit, under s. 33b, cancelled the registration ..... cit vs . hardit singh pal chand & co. that if a licensee of a liquor contract takes any person a partner or if the licensee is a firm, admits new partners in contravention of the provisions of the excise act, the firm will not be entitled to registration.'the ito did not, however, find .....

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Aug 06 1997 (HC)

Pushpa Devi Thakur Vs. L.i.C. of India and anr.

Court : Himachal Pradesh

Decided on : Aug-06-1997

Reported in : 1998ACJ1017

..... . but even on the date on which the receipt was prepared, that is, 13.8.1988, the proposer was already dead. hence, the contract could not have come into existence at all. section 4 of the indian contract act provides that the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. in this ..... this case, the final acceptance is that of the insurer and even before that acceptance was made, the party who proposed died and, therefore, the contract could not have come into existence in the eye of law. a similar proposition has been held by the supreme court in life insurance corporation of india v. kiran sinha ..... by the supreme court in life insurance corporation of india v. raja vasireddy komalavalli kamba 1984 acj 345 (sc). the court has held that the general rule is that the contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to the person making the offer. in ..... .1988. he died on 23.7.1988. the proposal reached the respondent corporation only on 25.7.1988, by which time the proposer was dead. the petitioner claimed that the contract has come into existence when the insurance corporation sent the first premium receipt dated 13.8.1988. it is stated in the said receipt that the acceptance of the payment .....

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Jul 22 1997 (HC)

National Insurance Co. Ltd. Vs. Tikma Devi and ors.

Court : Himachal Pradesh

Decided on : Jul-22-1997

Reported in : 1998ACJ872

..... liability arising out of death of a person who travelled in the vehicle when he is one other than the persons mentioned in the contract of insurance.13. hence, it is held that the appellant is not liable for the amount awarded as compensation by the tribunal. the appeal is ..... the persons who are necessary for the purpose of loading and unloading goods and driving the vehicle. the insurance company has taken care to specify in the contract the persons who could travel in the vehicle as the driver, cleaner and four labourers. in such circumstances, the company cannot be made liable for ..... bench and another division bench judgment in which it was held that in view of the fact that the vehicle was a goods vehicle and the contract of the insurance did not cover use of the said vehicle for conveyance of passengers for hire or reward, the insurance company was not liable to ..... referable to the statutory liability of rs. 15,000 per passenger under section 95(2)(b)(ii) of the motor vehicles act, 1939. in the present case, there is no special contract between the appellant company and the insurance company to cover unlimited liability in respect of an accident to a passenger. in the ..... claim arises.thus, it is seen that in the said clause, the passenger other than a passenger carried by reason of or in pursuance of a contract of employment is expressly excluded. hence the insurance company, by virtue of terms of the policy, cannot be said to be liable for the liability incurred .....

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Aug 12 1997 (HC)

Managing Director, Himachal Pradesh State Forest Corporation Vs. Amra ...

Court : Himachal Pradesh

Decided on : Aug-12-1997

Reported in : I(1998)ACC419,1998ACJ1385

..... cannot be made a ground by the employer in such a situation. thus when once it is established that an authorised driver has committed some unauthorised act, then the insurance company as in the present case cannot be exonerated of its liability to indemnify the corporation.11. for taking this view, ..... shall be deemed to be a judgment debtor in respect of the liability in the face of provisions of section 96(1) of the motor vehicles act, 1939. the purpose for getting the vehicle insured from insurance company is to provide an easy mode of getting compensation by the claimants otherwise they ..... of danga (retaining wall) giving way and consequently the truck falling into the khud. as such accident was attributed to have taken place as an act of god. relationship of both the claimants with the deceased was admitted.3. in the aforesaid background parties went to trial on the following issues:(1 ..... directed for the payment of compensation awarded in terms of the award. it has been held that corporation is liable for payment of compensation for the act of its employee joyti parshad (hereinafter referred to as 'the driver').2. facts of this case need briefly to be referred to for properly understanding ..... also observed that the provisions of section 96(2)(b)(ii) of the motor vehicles act, 1939 are not to be interpreted in a technical sense. the apex court further took the view that while interpreting the contract of insurance, the tribunals and courts have to be conscious of the fact that the .....

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Apr 21 1997 (HC)

Soma Devi and ors. Vs. Krishan Ram and ors.

Court : Himachal Pradesh

Decided on : Apr-21-1997

Reported in : 1998ACJ282

..... no fault liability to the appellants-claimants, are also not maintainable and are liable to be dismissed. as we have found that there was subsisting contract of insurance in respect of the tractor in question between respondent krishan ram, the owner of the tractor and respondent new india assurance co. ltd ..... will be liable to pay the compensation to appellants-claimants and respondent insurance company is absolved of its liability as there is no privity of contract of insurance between it and lekh ram. the answer will depend upon the evidence produced by the parties mainly the agreements to sell, exh. ..... respondent insurance company in its reply took a number of preliminary objections, inter alia, that on the date of the accident the privity of contract of insurance did not exist as the tractor stood sold by the insured respondent krishan ram and that the tractor was being driven by an unauthorised ..... on the other hand, the respondent insurance company had taken a definite stand that since the tractor was transferred by the insured, the privity of contract of insurance stood automatically revoked. though no separate issue was framed on the objection of respondent insurance company yet it was covered under issue no. ..... between sale and agreement to sell is clear from section 4 of the sale of goods act, which is as follows:4. sale and agreement to sell.-(1) a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for .....

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Apr 24 1997 (HC)

Giano Devi and ors. Vs. Gian Singh and anr.

Court : Himachal Pradesh

Decided on : Apr-24-1997

Reported in : 1998ACJ933

..... many factors, viz., chances of future improvement in service and uncertainties of life. some guidance in this behalf can also be had from the schedule added to the motor vehicles act, 1988 as amended up to date. therefore on this basis also we feel that the award made by the tribunal below needs to be modified.14. as a result of ..... sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge;xxx xxx xxxindustrial disputes act, 19472(rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a ..... within the term wages. for ready reference definition of wages under the minimum wages act as well as industrial disputes act is reproduced here-in-below:minimum wages act, 19482(h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed ..... been proved to be earned by the deceased. this approach of the tribunal below while assessing the wages was not correct.11. no doubt under the provisions of motor vehicles act the wages have not been defined but a cue can be had from the definition of wages under the provisions of minimum wages .....

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Jul 08 1997 (HC)

Commissioner of Income-tax Vs. Himachal Pradesh Mineral and Industrial ...

Court : Himachal Pradesh

Decided on : Jul-08-1997

Reported in : [1998]234ITR509(HP)

..... steelerete (p.) ltd. : [1983]142itr45(cal) . in the case before the calcutta high court, the asses-see was engaged in construction work and secured a contract from the. vizag. port authority for rs. 3 crores for construction of four berths at the port. in order to carry out the work, the assessee was ..... board retained the ownership and only conferred a right to use on the assessee as such.10. under section 256(2) of the income-tax act, the high court may if it is not satisfied with the correctness of the decision of the appellate tribunal require the appellate tribunal to state the ..... high court in addl cit v. u. p. state agro industrial corporation ltd. : [1981]127itr97(all) . the assessee was a body registered under the companies act. the capital of the assessee was subscribed equally by the government of india and the government of u. p. the state government by its order dated april 27 ..... court in that case is whether the person is entitled to claim the income arising out of the property. the court also pointed out that the act should be interpreted in consonance with the principles underlying therein and it should not be made an instrument of oppression. if those tests are applied in ..... purpose of the said section.5. the supreme court had to consider the meaning of the word 'owner' with reference to section 9 of the indian income-tax act, 1922, in r. b. jodha mal kwthiala's case : [1971]82itr570(sc) . the assessee therein was a registered firm deriving income from interest on .....

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