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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 2006 Page 1 of about 43 results (0.038 seconds)

Apr 10 2006 (HC)

Charu Bhatnagar Vs. H.P.M.C.

Court : Himachal Pradesh

Decided on : Apr-10-2006

Reported in : AIR2006HP119,2007(2)CTLJ126(HP),2006(1)ShimLC465

..... of apples is not disputed and the defendant had enjoyed the benefit of such apples and whether the appellant was entitled to such payment under section 70 of the indian contract act, 1872.2. whether the findings of the learned district judge, shimla, are not sustainable in law for non-consideration of material oral and documentary evidence and particularly document ext. pw8/27 ..... banks in relation to commercial transactions.explanation 1.-in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii.-for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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Apr 10 2006 (HC)

Preet Pal Monga and anr. Vs. H.P.M.C.

Court : Himachal Pradesh

Decided on : Apr-10-2006

Reported in : 2006(1)ShimLC413

..... of apples is not disputed and the defendant had enjoyed the benefit of such apples and whether the appellants were entitled to such payment under section 70 of the indian contract act, 1872?2. whether the findings of the learned district judge, shimla, are not sustainable in law for non-consideration of material oral and documentary evidence and particularly document exhibit pw8/ d ..... banks in relation to commercial transactions.explanation. - i. in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation. - ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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Apr 10 2006 (HC)

Madan Mohan and anr. Vs. H.P.M.C.

Court : Himachal Pradesh

Decided on : Apr-10-2006

Reported in : AIR2006HP105,II(2007)BC602

..... of apples is not disputed and the defendants had enjoyed the benefit of such apples and whether the appellants were entitled to such payment under section 70 of the indian contract act, 1872? (2) whether the findings of the learned district judge, shimla are not sustainable in law for non-consideration of material oral and documentary evidence and particularly documents ex. pw-1 ..... banks in relation to commercial transactions.explanation-i. in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

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May 26 2006 (HC)

Rakesh Kumar Dinesh Kumar and ors. Vs. U.G. Hotels and Resorts Ltd. an ...

Court : Himachal Pradesh

Decided on : May-26-2006

Reported in : AIR2006HP135,2006(2)ShimLC384

..... he further submits that even in the plaint there is no averment that this offer was accepted by the plaintiffs.10. section 25 of the contract act in so far as it is relevant for the present case reads thus:25. agreement without consideration void, unless it is in writing and registered, ..... modified during negotiation should have been accepted by the second party. to constitute a valid contract the agreement must have been mutually accepted by both the parties. the parties should be ad idem. the contention of mr. kanwar is that since ..... acceptance of proposals.13. from the perusal of the aforesaid judgments of the apex court it is clear that to constitute a valid agreement or contract it is not necessary that the same should always be in writing. it is, however, a bilateral transaction and the proposal whether unmodified or ..... of the suit, the suit is not within limitation. he also contends that the writing ex. pw-l/a cannot be termed as a fresh contract for payment of time barred debt since there is no acceptance of the same by the plaintiffs. on the other hand mr. bhupender gupta, learned ..... tarsem singh v. sukhminder singh : [1998]1scr456 . the apex court in this judgment held as follows:12. 'contract' is a bilateral transaction between two or more than two parties. every contract has to pass through several stages beginning with the stage of negotiation during which the parties discuss and negotiate proposals .....

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Sep 12 2006 (HC)

Smt. Urmila Devi Vs. Shri Narinder Singh

Court : Himachal Pradesh

Decided on : Sep-12-2006

Reported in : AIR2007HP19,2006(2)ShimLC445

..... mere concealment or over-statement of facts by itself does not invalidate a marriage. hence contours of concept of fraud as widely envisaged in the contract act cannot be imported hook line and sinker to matrimonial proceedings.8. if non-disclosure relates to a fact which has a material impact on one ..... moore v. valsa : air1992ker176 , a division bench of the kerala high court held as follows:5. no doubt, the concept of fraud in the contract act is of wide amplitude. fraud, in relation to matrimonial causes, cannot be understood as including concealment of every fact which relates to marriage. it has to ..... of decisions. the meaning to be given to the word fraud in this section is different from the interpretation given to this word under the contract act. when negotiations of marriage are taking place there is talk between both sides. there may be some minor exaggerations. there may also be some concealment ..... the guardian in marriage of the petitioner was required under section 5, as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1979, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material ..... any problem.12. the question that arises for consideration is whether withholding of aforesaid facts amount to fraud as envisaged in section 12 of the act. according to sh. bhupinder gupta, there is no evidence to show that the husband or his family members ever asked the wife or her .....

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Mar 08 2006 (HC)

The Managing Director, H.P. Forest Corporation and anr. Vs. Surinder P ...

Court : Himachal Pradesh

Decided on : Mar-08-2006

Reported in : 2006(2)ShimLC68

..... and local authorities from liability imposed by this clause. hence, 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. the fact that no non-obstante provision is used in the section may not be a sufficient reason to exclude the application ..... contention of mr. jaswal cannot be accepted. section 12 (1) of the workmen's compensation act reads as follows:-12(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 contracts with any other person (hereinafter in this section referred to as the contractor) for the ..... of the section to cases where the conditions are satisfied. at best agreements or contracts entered into between the principal and contractor can govern only their inter .....

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Jul 21 2006 (HC)

New India Assurance Company Vs. Mehta Balbir Singh and ors.

Court : Himachal Pradesh

Decided on : Jul-21-2006

Reported in : II(2007)ACC251,2007ACJ788,2006(3)ShimLC78

..... was not done was a fact known only to the appellant-insurer and this fact alone had a bearing to the applicability of section 103-a of 1939 act.5. i have seen the written statement filed by the appellant-insurer in the tribunal and find that no averment to this effect was made by the appellant ..... thus:whether the documents of car no. hid 65 were not in order at the time of accident? opr-33. relevant extract of section 103-a of 1939 act reads thus:103-a. transfer of certificate of insurance.-(1) where a person in whose favour the certificate of insurance has been issued in accordance with the provisions ..... in question had been sold and its ownership transferred in favour of respondent no. 2. the accident in question had occurred on 4th may, 1989. the motor vehicles act, 1988 came into force with effect from 1st july, 1989. it, therefore, clearly means that the claim petition filed by respondent no. 1 with respect to the ..... aforesaid accident was regulated by the provisions of motor vehicles act, 1939 at least in so far it related to the contract of insurance between the insurer and the insured. section 103-a of the 1939 act, therefore, did have application to the aforesaid contract of insurance relating to the aforesaid claim petition.2. as many as ..... v.k. gupta, c.j.1. reference is invited to section 103-a of the motor vehicles act, 1939 in support of the argument that no intimation was given by the original owner of the vehicle in question, namely, respondent no. 3 herein .....

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Dec 19 2006 (HC)

Himachal Pradesh State Industrial Development Corpn. Ltd. Vs. Pamwi Ti ...

Court : Himachal Pradesh

Decided on : Dec-19-2006

Reported in : [2008]82SCL137(HP)

..... and misrepresentation.(viii) the agreement is bad in law, as no permission of the central government was obtained, as per the provisions of sections 13 and 16 of the securities contracts (regulation) act, 1956, and the notification issued thereunder.6. on the merits, liability of defendant no. 1 to pay the suit money has been denied because of defendant no. 1 being ..... maintainable opd.7. whether the agreement dated 26-7-1993, is a result of misrepresentation and fraud opd.8. whether the suit is barred under the provisions of the securities contracts (regulation) act, 1956 opd.9. whether the court has no jurisdiction in the matter as alleged opd.10. whether the plaintiff has no cause of action against defendant no. 1, if ..... against defendant no. 2.issue no. 8:22. learned counsel for defendant no. 2 drew attention of the court to section 16 of the securities contracts (regulation) act, 1956, which is reproduced below:16. power to prohibit contracts in certain cases.--(1) if the central government is of opinion that it is necessary to prevent undesirable speculation in specified securities in any state ..... , argument that plaintiff having been declared as banking company, is exempted from the operation of notification of 1969, issued in exercise of the powers under section 16 of the securities contracts (regulation) act, 1956, is of no avail.26. learned counsel for the plaintiff further argued that sub-section (7) of section 18 of the sick industrial companies (special provisions .....

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Jan 10 2006 (HC)

Dayal Singh Vs. Smt. Rukmi Devi and ors.

Court : Himachal Pradesh

Decided on : Jan-10-2006

Reported in : 2006(2)ShimLC84

..... an adjustment in a lawful manner. it was further held that the explanation made it clear that an agreement or a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the meaning of the said rule. it was further held that having introduced the proviso along with the explanation in rule 3 ..... the hon'ble supreme court that by adding the proviso along with an explanation in order 23 rule 3 c.p.c., the purpose and the object of the amending act appears to be to compel the party challenging the compromise to question the same before the court which had recorded the compromise in question and the said court was enjoined ..... section 5 of the limitation act along with the appeal being barred by time. aggrieved against the same, harnam singh, plaintiff filed rsa no. 14 of 1991 in this court, titled as harnam singh v. anokhi ..... appeal before the district judge against the aforesaid compromise decree dated 29.3.1988. since the said appeal was barred by time, an application under section 5 of the limitation act was filed, seeking condonation of delay in filing the appeal. the learned district judge, vide order dated 21.8.1990 exts. pr-1 and ext. da dismissed the application under .....

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Jan 03 2006 (HC)

State of H.P. and ors. Vs. Presiding Judge and anr.

Court : Himachal Pradesh

Decided on : Jan-03-2006

Reported in : (2006)3LLJ527HP,2007(3)ShimLC360

..... of the workman as a result of the non-renewal of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ..... be drawn from the length of absence from duty and surrounding circumstances that the workman relinquished his or her job voluntarily. the contract of service, i hardly need to emphasize, comes to an end when the workman abandons the job. even though 'abandonment of service' is ..... retained in service. it is her case that the termination of her services violates section 25-f and 25-g of the industrial disputes act, 1947 ('act' for short). the petitioner claimed reinstatement in service with all consequential service benefits including back wages.5. the case of the present petitioner ..... ill-health.11. the definition of 'retrenchment' under section 2(oo) of the act is wide and unhampered by any restriction. by the expression, 'termination for any reason whatsoever'. the definition read with clause (a) and (b) ..... act reads:'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include-(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract .....

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