Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 2001 Page 1 of about 24 results (0.022 seconds)

Dec 03 2001 (HC)

Ranjana Nagpal Alias Ranjana Malik Vs. Devi Ram and ors.

Court : Himachal Pradesh

Decided on : Dec-03-2001

Reported in : AIR2002HP166

..... be assumed that the parties agreed to the jurisdiction of delhi courts, such agreement being against the law would be bad under sections 23 and 28 of the contract act.33. the learned district judge, therefore, has rightly held that the civil courts at shimla has the jurisdiction.question no. 2 :34. it is by ..... the dispute between them shall be tried in one of such courts is not contrary to public policy. such an agreement does not contravene section 28 of the contract act.22. clause (5) of the agreement ex. pw3/a in the present case reads :--that neither of the parties shall resile from this agreement of ..... court which does not have the jurisdiction. such an agreement would be against the statute and, thus, would be hit by sections 23 and 28 of the contract act.21. the hon'ble supreme court in hakam singh v. gammon (india) ltd., air 1971 sc 740 has held that it is not open to the ..... and void being against the public policy under section 23 of the contract act. we do not find any such invalidity of clause (21) of the contract pleaded in this case. on the other hand, this court laid that where there may be two or more competent ..... is valid and binding under the law, and (b) when the parties to a contract agree as to the jurisdiction to which dispute in respect of the contract shall be subject. this is clear from section 28 of the contract act. but an agreement to and oust absolutely the jurisdiction of the court will be unlawful .....

Tag this Judgment!

Nov 22 2001 (HC)

S. Butail and Company Vs. H.P. State Forest Corpn.

Court : Himachal Pradesh

Decided on : Nov-22-2001

Reported in : AIR2002HP1

..... accepted by the defendant, therefore, there is no concluded contract and the defendant is not liable to pay the suit amount to the plaintiff.24. there is no merit in the contention of the learned counsel ..... clauses of scheduled banks in accordance with the directions given or issued to the banking companies generally by the reserve bank of india under banking regulation act, 1949.28. no evidence has come on the record to show as to what was the current rate of interest at the relevant time. in ..... concerned authorities. therefore, the present case would not fall within the ambit of section 22 read with clause 10 of the first schedule of the act.23. it was next contended on behalf of the defendant that the offer of the plaintiff to charge professional fee on percentage basis was never ..... . whether the suit of the plaintiff is barred by limitation as alleged? .....opd 8. whether the plaintiff is estopped from filing the suit by his own acts, deeds, conduct and acquiescence as alleged? ... opd 9. relief. 11. i have heard the learned counsel for the parties and have also gone through the ..... which fee stands paid. it was further pleaded that charging of fee by the plaintiff on percentage basis was prohibited under the provisions of chartered accountants act, 1949 and the regulations framed thereunder. the defendant denied its liability and stated that nothing was due to be paid. the fee ofrs. 2,00 .....

Tag this Judgment!

Dec 12 2001 (HC)

Dalip Singh Vs. Ram Nath and anr.

Court : Himachal Pradesh

Decided on : Dec-12-2001

Reported in : AIR2002HP106

..... no merit in the contention of the learned counsel for the defendant. explanation (i) to section 16(c) of the specific relief act, 1963 provides :--'where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any ..... court and the first appellate court while decreeing the suit concurrently held that the plaintiff was always ready and willing to perform her part of the contract. in second appeal, the high court of madras, formulated the following question of law considering it as substantial question of law :--'whether in the ..... they were ready and willing to perform their part of the agreement and that the plaintiff failed to pay rs. 20,000/- further advance as contracted by december 1979 to discharge the mortgage debt due to the madras corporation. the amount of advance with the consent of plaintiff was adjusted towards the ..... because there was a valid agreement of sale. section 16(c) of the act envisages that plaintiff must plead prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance ..... civil suit on 27-2-1992.15. article 54, limitation act, 1963, prescribes a period of limitation of three years for a suit for specific performance of the contract. such period is to be reckoned from the date fixed for performance of the contract, and in case no date for such performance is fixed .....

Tag this Judgment!

Dec 13 2001 (HC)

Roshan Lal and ors. Vs. Kartar Chand and ors.

Court : Himachal Pradesh

Decided on : Dec-13-2001

Reported in : AIR2002HP131

..... client, trustee and cestul que trust, spiritual adviser and devotee, medical attendant and patient, parent and child are those in which such a presumption arises. section 16(2) of the contract act shows that such situation can arise wherever the donee stands in a fiduciary relationship to the donor or holds a real or apparent authority over him.'16. applying these principles ..... , then the burden of proving that the contract was not induced by undue influence is to he upon the person who was in a position to dominate the will of the other.'15. quoting the above observations of ..... such that one is in a position to dominate the will of the other. once that position is substantiated the second stage has been reached --namely, the issue whether the contract has been induced by undue influence. upon the determination of this issue a third point emerges, which is that of the onus probandi. if the transaction appears to be unconscionable .....

Tag this Judgment!

Oct 19 2001 (HC)

Ansal Properties and Industries Vs. Executive Engineer, Hpseb and ors.

Court : Himachal Pradesh

Decided on : Oct-19-2001

Reported in : I(2002)ACC222,2002ACJ222,(2002)ILLJ1071HP

..... in our considered opinion, the present appeals are not maintainable and must be dismissed only on that ground. section 12 of the act, which is material may be quoted in extenso:'12. contracting. (1) where any person (hereinafter in this section referred to as the principal) in the course of or for the ..... 4 determines amount of compensation. section 12 declares that where a principal employer in the course of or for the purposes of his trade or business contracts with another person, namely, contractor for execution by or under the contractor of the whole or any part of any work which is ordinarily part ..... ,when the services of a workman aretemporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him. the term 'workman' is defined as any person other ..... hpseb and not of the appellant-company which was a contractor. on the other hand, the contention of the hpseb was that since there was a contract between hpseb, principal employer and the appellant-company, contractor under which the entire work was to be done by the appellant-company, it was the appellant ..... the commissioner for workmen's compensation was as to who was liable to pay compensation to the workmen, the appellant-company, which had taken the contract from the hp seb, or hpseb, the principal employer.4. the case of the appellant-company was that since the company had undertaken to carry .....

Tag this Judgment!

Oct 01 2001 (HC)

Astra Construction Pvt. Ltd. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Oct-01-2001

Reported in : [2002]108CompCas711(HP)

..... 1990 sc 1426, that the award, being in the private law field, need not be a speaking award even where the award relates to the contract of private parties or between person and the government or public sector undertakings. the principle is the same, namely the award is governed by section 31 ..... 'conclusion' must be traced on the basis of available data. therefore, the 'reasons', the basis of an award, must be the outcome of an act of objective thinking and analysis of the available material as per the rules of logic justifying the conclusions. 10. in view of the above meaning of the ..... agreed that no reasons are to be given or (b) the award is an arbitral award on agreed terms under section 30 of the new act, the award should state the reasons in support of determination of the liability/non-liability. thereby, legislature has not accepted the ratio of the constitution ..... ?.. . opp 4. whether the award is not in accordance with law ?. . . opp 5. whether the present petition is not maintainable under the arbitration and conciliation act, 1996 ?. . . opr 6. relief. ' 6. parties led evidence by way of affidavits. arguments were heard. the record perused.7. my findings on the aforesaid ..... accordance with law. the respondent, while refuting the grounds, as taken in the application, has further claimed that the applications under section 34 of the act are not maintainable.5. on the respective pleadings of the parties, the following similar issues were framed on may 19, 2000, in each case :' .....

Tag this Judgment!

Jan 11 2001 (HC)

Rakesh Kumar and ors. Vs. National Hydro Electric Power Corporation an ...

Court : Himachal Pradesh

Decided on : Jan-11-2001

Reported in : AIR2002HP70

..... -1998 annexure rd/t is addressed by the secretary. government of india. ministry of labour, new delhi to the central provident fund commissioner in respect of status of coverage of contract labour under the act directing to stop the practice of allotting separate code numbers to the contractors forthwith as it is contrary to the provisions of section 6 of the ..... he furnishes the e. p. f. code number allotted to him by the regional provident fund commissioner and also the licence obtained under the contract labour (regulation and abolition) act, 1970. referring to section 8-a of the act and paragraphs 30(2) and 36-b of the scheme it is further asserted that the contractors also owe responsibility/duty to recover and ..... allotted to him for his workmen by the regional provident fund commissioner and who have obtained licence under the contract labour (regulation and abolition) act, 1970.'3. in compliance, vide his letter dated 1-1-2000 annexure p-7 the senior manager (mech.). contract & procurement, parbati hydro electric project, bhuniar. district kullu has asked petitioner no. 5 to submit the documents relating to ..... and he was directed to comply with the provisions of the said act through his principal employer i.e. respondent no. 1 corporation.5. the petitioners have assailed the decision of respondent no. 1 contained in annexures p-5 and p-6 that no contract/ work will be awarded to any contractor unless he furnishes the e. p. f, code number allotted .....

Tag this Judgment!

Dec 24 2001 (HC)

Sham Lal Vs. Smt. Mathi

Court : Himachal Pradesh

Decided on : Dec-24-2001

Reported in : AIR2002HP66

..... code of civil procedure, would not apply in the present case. the question is answered accordingly.question no. 3.17. section 53-a, transfer of property act, 1882. provides :--'part performance :--where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ..... part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract.and the transferee has performed or is willing to perform his part of the contract,then, notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an instrument of ..... , or the transferee, being already in possession, continues in possession in part performance of the contract;(iii) that the transferee has done some act in furtherance of the contract; and(iv) that the transferee has performed or is willing to perform his part of the contract.a person seeking protection of doctrine of part performance as enunciated in section 53-a of the ..... already in possession, he continues to be in such possession in part performance of the contract and has done some act in furtherance of the contract. in addition he has also to allege and prove that he has performed or is willing to perform his part of the contract. now these pleas do involve questions of fact and if they had been raised .....

Tag this Judgment!

Nov 13 2001 (HC)

Kokla Devi Vs. Chet Ram and anr.

Court : Himachal Pradesh

Decided on : Nov-13-2001

Reported in : I(2002)ACC650,2002ACJ650

..... that deceased was having a valid driving licence on the date of accident and could have driven the same; both as per provisions of the act, as well as in terms of the contract of insurance between the respondent nos. 1 and 2, i.e., policy, copy whereof is placed as exh. rx-1 on the record. ..... company to pay more than its statutory or contractual liability, as the case may be, it would be open to the insurance company under the terms of the contract to recover, from the insured, the excess amount paid pursuant to the order or in execution and discharge of the order of the court/tribunal. in case ..... or enlarged appropriately so as to cover the liability that arises under section 163-a. for the said liability, extra premium is not to be charged or specific contract is not required to be entered into. when that is so, it cannot be said that the insurance company will have to pay more. however, in some ..... no fault liability which otherwise he is (if employee and has done wrong in the discharge of his duty) entitled to under workmen's compensation act, 1923; or under the contract of insurance. the contention, therefore, fails. the insurance company who is the appellant can challenge the claim only on the ground of no ..... 22. in the context of the contract of insurance between the parties exh. rx-1, amongst other things it is provided in it that any person who holds driving licence was entitled to drive the .....

Tag this Judgment!

Nov 27 2001 (HC)

United India Insurance Co. Ltd. Vs. Sumitra Devi and ors.

Court : Himachal Pradesh

Decided on : Nov-27-2001

Reported in : 2002ACJ1974

..... that its operation is prospective unless it is made retrospective either expressly or by necessary implication. the rights and liabilities under the workmen's compensation act get crystallized on the date of death of the workman and the making of the application is only a procedural matter. on the date of ..... cannot be looked into and plea urged by mr. lalit sharma on its basis has no merit, as such rejected.18. compensation assessable under the act is now mathematical, leaving no room for doubt. so far assessment of compensation is concerned, in the present case there is overwhelming evidence. none else ..... the character of the legal liability of the insured employer to pay the compensation amount with due interest as imposed upon him under the compensation act. thus the principal amount as well as the interest made payable thereon would remain part and parcel of the legal liability of the insured ..... not to enhance the amount of compensation is hereby rejected.22. the workmen's compensation act, 1923 is a beneficial legislation aimed at allowing the compensation in its terms wherever it is payable under law. it prohibits contracting out. object of it is that taking undue advantage of urgent need and/or poverty ..... of a workman, employer may not persuade him to accept a lesser amount. even in cases where lesser claim is made than what is permissible under the provisions of the act, it is .....

Tag this Judgment!


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