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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1999 Page 1 of about 37 results (0.016 seconds)

May 25 1999 (HC)

H.P. Horticultural Produce Marketing and Processing Corporation Ltd. V ...

Court : Himachal Pradesh

Decided on : May-25-1999

Reported in : AIR2000HP11

..... 19 of the policy (which is similar to clause 6(ii) in the present case) was rendered void by virtue of section 28 of the contract act, 1872.while upholding the validity of the clause, the full bench held :--'..........as a result of the above discussion, on principle and authority the validity of ..... from the policy shall stand extinguished and any subsequent action would be time-barred. such a clause would fall outside the scope of section 28 of the contract act. this, in brief, seems to be the settled legal position. ........'12. in the present case, admittedly the claim regarding loss and damage was lodged ..... commenced within the period stipulated by the agreement. such a clause in the agreement would not fall within the mischief of section 28 of the contract act. to put it differently, curtailment of the period of limitation is not permissible in view of section 28 but extinction of the right itself unless ..... to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act. that is because such an agreement would seek to restrict the party from enforcing his right in court after the period prescribed under the agreement ..... the condition contained in clause 6(ii) of the insurance policy ex. pw 1 /1 is rendered void by virtue of section 28 of the contract act. 1972, and that the suit having been filed within three years of the date of repudiation of the claim is maintainable and within time.10. .....

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Sep 07 1999 (HC)

Harnam Singh and ors. Vs. Smt. Purbi Devi and ors.

Court : Himachal Pradesh

Decided on : Sep-07-1999

Reported in : AIR2000HP108

..... ' so as to enable a party to a contract to enforce the same in india in certain cases in which the english law would regard that party as the recipient of ..... has any lawful authority whatsoever to enter into the agreement on behalf of the said minor and the other plaintiffs.17. the doctrine of privity of contract implies a mutuality at will and is interaction of parties and their successors. it creates a legal bond or tie or vinculum juris personal to the ..... singh who is a party to the agreement ext. pw-1/ a, is the elder brother of the other plaintiffs, therefore, his having entered into contract with defendant purbi devi makes it binding on the plaintiffs. in any case its terms were binding on harnam singh. in the event of any breach, ..... appeal and the cross objections are that the appellants/plaintiffs (hereafter referred to as the 'plaintiffs') instituted a suit for possession by way of specific performance of contract dated september 14, 1984 by executing a sale deed qua 8/45 share in land comprising khata no. 6, khatoni nos. 12. 13, khasra nos ..... under the terms of the contract or where the contract is a part of the family arrangement may enforce the covenant. in krishna lal sadhu v. pramila bala dasi, ilr 55 cal 1315 : air 1928 cal 518 rankirt, c.j. observed : 'clause (d) of section 2 of the contract act widens the definition of 'consideration .....

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Jul 02 1999 (HC)

Chanana Steel Tubes Pvt. Ltd. Vs. Jaitu Steel Tubes Pvt. Ltd. and anr.

Court : Himachal Pradesh

Decided on : Jul-02-1999

Reported in : AIR2000HP48,[2000]99CompCas251(HP)

..... such cheques on presentation were dishonoured the plaintiffs are entitled to recover the amounts of such cheques from the defendant no. 1.25. section 80 of the negotiable instruments act. 1881, provides :--'80. interest when no rate specified :--when no rate of interest is specified in the instrument, interest on the amount due thereon shall, (notwithstanding ..... at delhi. it was held that a banker, while collecting a cheque for a customer, cannot assert any right of a holder for value, as he is acting only as an agent. he has no better title than that of his customer. therefore, if his customer has no title, the collecting banker can have no ..... of defendant no. 1 and also offered guarantee of defendant no. 1 for the amount which may be due from defendant no. 1 and not paid by it. acting on the assurance and guarantee of defendant no. 2, the plaintiff started business dealings with defendant no. 1. besides, supplying goods to defendant no. 1 on ..... be engrafting something on section 20, code of civil procedure. it was further held that in the case of negotiable instruments, the negotiable instruments act itself gives indication that the rule would not be applicable because of the provisions contained in sections 68, 69, 70, 78 and 81 of the ..... act. to the similar effect it has been held in jawala dass ram narain v. nand lal, air 1951 punj 128 j.n. sahni v. the .....

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Jun 07 1999 (HC)

Hydel Construction Ltd. Vs. H.P. State Electricity Board

Court : Himachal Pradesh

Decided on : Jun-07-1999

Reported in : AIR2000HP19

..... there was no such firm commitment, 'the board was under a bounden duty to have supplied the machinery within a reasonable time' applying the principle of section 46 of the contract act. the bench finds that the delay that has occurred in supplying the machinery is unreasonable and on that basis holds that the contractor is entitled to compensation. with great respect ..... contract and is governed by the arbitration act which embodies principles derived from a specialised branch of the law of agency (see mustill & boyd's commercial arbitration, second ..... but if he has remained inside the parameters of the contract and has construed the provisions of the contract, his award cannot be interfered with unless he has given reasons for the award disclosing an error apparent on the face of it.and in para 27 :--'an arbitrator who acts in manifest disregard of the contract acts without jurisdiction. his authority is derived from the ..... arbitrators or the umpire as the case may be shall be conclusive, final and binding on the parties. subject to the provisions of the contract to the contrary as aforesaid, the provisions of the indian arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to all .....

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Aug 18 1999 (HC)

State of Himachal Pradesh Vs. Saroj Bala and ors.

Court : Himachal Pradesh

Decided on : Aug-18-1999

Reported in : I(2000)ACC257,2000ACJ1060

..... under all forms of death then it will include all the assets movable, immovable, shares, bank accounts, cash and every amount receivable under any contract. in other words, all heritable assets including what is willed by the deceased, etc. this would obliterate both all possible conferment of economic ..... the amount receivable under a statute occasioned only on account of accidental death. such amount cannot come within the periphery of the motor vehicles act to be termed as 'pecuniary advantage' liable for deduction.17. in the teeth of principles laid down by the supreme court, we do ..... security to the claimant by the deceased and the intentions of the legislature. thus, under the present act, whatever pecuniary advantage is received by the claimant, from whatever source, would only mean which comes to the claimant on account of the accidental ..... application of the general principle under the common law of loss and gain for the computation of compensation under this act must correlate to this type of injury or death, viz., accidental death. if the 'pecuniary advantage' resulting from death means pecuniary advantage coming ..... court in helen c. rebello v. maharashtra state road trans.corporation 1999 acj 10 (sc), has held that the compensation payable under motor vehicles act, 1939 is on account of the pecuniary loss to the claimant by accidental injury or death and not other forms of death. therefore, the .....

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Jan 06 1999 (HC)

Amar Singh Vs. Cement Corporation of India and ors.

Court : Himachal Pradesh

Decided on : Jan-06-1999

Reported in : (1999)IILLJ1030HP

..... india. it is not in dispute that the central government issued notification in the official gazette after award was made by the arbitrators under section 10 of the act prohibiting the employment of contract labour in c. c.i. in any process, operation or other work in any establishment, but with specific exception that those employed on construction work or ..... in shankar mukherjee's case (supra), the government of west bengal issued notification dated february 9, 1980 under section 10(1) of the contract labour (regulation and abolition) act, 1970 (hereinafter called the 'act') prohibiting the employment of contract labour in 16 departments covering 65 jobs in the establishments of m/s. indian iron and steel co. ltd. in the state of west ..... of the respondent-contractor. the responsibility of the respondent-cci is only to the extent that the contractor would pay the wages in accordance with the provisions of contract labour (regulation and abolition) act, 1970; (iii) that the petitioner is an employee of respondent- contractor and the said contractor is engaged by respondent-cci for execution of the work permissible ..... exercise of its extra-ordinary writ jurisdiction and that the petitioner has an alternative efficacious remedy available to him under the relevant provisions of the industrial disputes act, 1947 and the contract labour (regulations and abolition) act, 1970 which he has not exhausted; (ii) that the petitioner is not an employee of the respondent-cci and in fact, he is the .....

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Sep 30 1999 (HC)

H.P. State Forest Corporation Ltd. Vs. Vimla Devi and ors.

Court : Himachal Pradesh

Decided on : Sep-30-1999

Reported in : (2000)IILLJ500HP

..... justified in making the appellant- corporation alone liable for the payment of compensation.13. now, we consider it appropriate to extract the provisions of section 12 of the act which read as under: -'12. contracting - (1) where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business ..... to the conclusion that the deceased was got insured by the appellant-corporation and the appellant-corporation has failed to prove that under which part of clause 16 of the contract the deceased was engaged as labourer by the respondent-contractor. on the basis of the appreciation of the evidence, the commissioner held that the responsibility under section 12(-1) ..... workmen, we are of the view that the provisions in section 12(1) would apply notwithstanding the agreement or contract entered into between the principal and contractor regarding their liability for payment of compensation under the act. at best agreements or contracts entered into between the principal and contractor can govern only their inter se rights and liabilities and cannot affect the ..... right of the workmen or their dependents to get compensation either from the principal or from the contractor at their option. right to get indemnified from the contractor specifically conferred on the principal under section 12(2) of the act .....

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Apr 19 1999 (HC)

New India Assurance Co. Ltd. Vs. Ram Piari and ors.

Court : Himachal Pradesh

Decided on : Apr-19-1999

Reported in : 2000ACJ739

..... another angle. since respondent nos. 1 to 5 had filed the claim petition before the tribunal, it was for them to establish and prove that there was a contract between the insurer, i.e., the appellant insurance company and the insured, i.e., the owner of the truck in question (respondent no. 6) in terms ..... in the absence of any evidence on the part of the appellant insurance company to prove that there was no contract with the insured person contrary to the provisions contained in section 95 (2) of the act, the liability of the insurer was unlimited. the reason for this is, that irrespective of the fact as to ..... was limited up to rs. 1,50,000 only as per the terms and conditions of the insurance policy which had been issued under the old motor vehicles act (act no. iv of 1939). on merits, it was denied that any such accident, as pleaded by the claimants, took place.4. on the pleadings of the ..... whether there was any contract or not between the insurance company and the insured persons contrary to the provisions of section 95 (2) of the act, the very fact that no extra premium was paid for the increased third party liability, as is ..... was filed by respondent nos. 6 and 7 before the tribunal. it was pleaded therein that the accident had taken place due to the rash and negligent act of the deceased des raj and not due to the rash and negligent driving of respondent no. 7 as alleged. a separate written statement was filed by .....

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Sep 30 1999 (HC)

H.P. State Forestcorporation Ltd. Vs. Sheesh Ram and ors.

Court : Himachal Pradesh

Decided on : Sep-30-1999

Reported in : I(2000)ACC546,2000ACJ1264

..... think that there is any merit in the contentions of the learned counsel for the appellantcorporation that in the light of the contract entered into between two opposite parties regarding the liability to pay compensation as per clauses 18 and 19 of the agreement and ..... them by rope-way. the agreement was entered into between the appellantcorporation and respondent contractor on 2.12.85 to execute the contract. when said ram chander was working on the span he fell down on a stone on 15.6.1989 at about 12 ..... provisions in section 12 (1) would apply notwithstanding the agreement or contract entered into between the principal and contractor regarding their liability for payment of compensation under the act. at best agreements or contracts entered into between the principal and contractor can govern only their inter ..... below are the parents of the deceased and filed claim application under sections 4 and 4-a of the workmen's compensation act ('the act').3. the second party appellantcorporation herein and respondent contractor filed their separate written statements. in its written statement the appellantcorporation, ..... se rights and liabilities and cannot affect the right of the workmen or their dependants to get compensation either from the principal or from the contractor at their option. right to get indemnified from the contractor specifically conferred on the principal under section 12 (2) of the act .....

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Aug 18 1999 (HC)

Shri Krishan Swarup Bhatnagar Vs. Shri Chander Mohan Rewal and anr.

Court : Himachal Pradesh

Decided on : Aug-18-1999

Reported in : AIR2000HP53

..... not very material in view of the specific pleadings in para 8 of the plaint in this regard and also that the defendant by his acts and conduct had repudiated the contract and the plaintiff has been held entitled to the decree of specific performance of the agreement dated 25-8-1993. these findings have been challenged in the present regular first ..... ) wherein a decree for specific performance was denied after coming to the conclusion on the facts and circumstances on record that there was no concluded contract between the parties. referring to section 20 of the specific relief act in para 12 of the judgment it is observed that circumstances referred to in sub-clauses (2) to (4) in regard to exercise of ..... of an averment on the part of the plaintiff as to readiness and willingness to perform his part of the contract tantamounts to the absence of cause of action which is fatal in view of section 16(c) of the specific relief act. 34. in mrs. gopal devi v. mrs. kanta bhatia, air 1994 delhi 349, relied upon by the learned counsel ..... of the plaintiff that he has always been ready and willing to perform his part of the contract is not material to deny him the relief of specific performance.33. section 16(c) of the specific relief act is as under :--'16. specific performance of a contract cannot be enforced in favour of a person-- (a) ...... .(b).........(c) who fails to aver and .....

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