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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 2011 Page 1 of about 21 results (0.017 seconds)

Mar 10 2011 (HC)

Surat Singh Thakur. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Mar-10-2011

..... not claim higher salary or other attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 7. accordingly, in view of the observations and discussions made hereinabove, the petition is partly allowed. the respondents are directed to pay and release the petitioner salary of the higher ..... attendant benefits would be contrary to law and also against public policy. their lordships have further held that it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. their lordships have held as under: 8. learned counsel for the appellant attempted to contend that when the respondent was promoted in stop-gap arrangement as junior engineer i, he .....

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May 25 2011 (HC)

Birbal Dass Vs. Himachal Pradesh Subordinate Service Selection Board a ...

Court : Himachal Pradesh

Decided on : May-25-2011

..... appointed. [ question no. 81 reads thus: 81. the maximum number of partners in a firm has been specified by (a) the partnership act, 1932 (b) the companies act, 1956 (c) the contract act, 1872 (d) none of these 6. as per o.m.r., petitioner has marked choice b. mr. adarsh k. vashista, learned counsel for ..... the petitioner has drawn the attention of the court to section-11 of the companies act, 1956, which reads thus: 11. prohibition of associations and partnerships ..... object the acquisition of gain by the company, association or partnership, or by the individual members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (3) this section shall not apply to a joint family as such carrying on a ..... of more than ten persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (2) no company, association or partnership consisting of more than twenty persons shall be ..... 20.05.2010. the result was declared by the respondent vide annexure p-2-a on 27.07.2010. petitioner sought information under the right to information act qua question papers alongwith his o.m.r.. the same was supplied to him vide annexures p-3 and p-4. 2. mr. adarsh k. .....

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Aug 30 2011 (HC)

Bhandaru Ram (Deceased) Through His Lr Rattan Lal Vs. Sukh Ram and Oth ...

Court : Himachal Pradesh

Decided on : Aug-30-2011

..... , to quote: .if the deed gives time for redemption or adjustment of the rent or profits and liabilities in terms of the contract read with the relevant provisions of the act stood discharged, the limitation for redemption would run from the date fixed in the mortgage deed. otherwise, there is no limitation for ..... redemption under a mortgage deed can come to an end only in a manner known to law. such extinguishment of right can take place by a contract between the parties, by a merger or by a statutory provision which debars the mortgagor from redeeming the mortgage. a mortgagee who has entered into possession ..... under a mortgage deed can come to an end only in a manner known to law. such extinguishment of the right can take place by a contract between the parties, by a merger or by a statutory provision which debars the mortgagor from redeeming the mortgage. a mortgagee in possession of the property ..... in detail that the rule of limitation is not a contract between the parties so as to make the mortgage irredeemable. it is the law founded on the public policy, prescribing a lifespan for the legal ..... mortgage shall always be redeemable and a mortgagors right to redeem shall neither be taken away nor be limited by any contract between the parties.. 20. the courts will ignore any contract, the effect of which is to deprive the mortgagor of his right to redeem the mortgage. it need not be explained .....

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Oct 24 2011 (TRI)

The Sr. Divisional Manager, Life Insurance Corporation of India and An ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Oct-24-2011

..... assured is bound to disclose the true facts in the proposal form as well as in the personal health statement given to the insurer at the time of entering into contract of insurance. since in the present case, during the investigation made by the investigator it was revealed that life assured had pre-medical history prior to the commencement of the ..... , (supra). para 22 of this judgment of the honble supreme court on the aspect of ??material fact is reproduced below:- ??the term ??material fact ? is not defined in the insurance act, 1938 and, therefore, it has been understood and explained by the courts in general terms to mean as any fact which would influence the judgment of a prudent insurer in ..... amounts to a clear deficiency of service/unfair trade practice on the part of the opposite parties. 3. in this background, present complaint under section 12 of the consumer protection act, 1986 was filed for deficiency of service/unfair trade practice on the part of the opposite parties, wherein direction had been sought for paying the assured sum of deceased-husband ..... copies have been attached with regard to the availing of medical leave and the disease from which the deceased was suffering. the provisions of evidence act are not applicable in the proceedings under the consumer protection act, 1986 in its letter and spiti whereas these documents have been supplied from the official custody of regional manager, hrtc, kullu vide annexure rw.3 .....

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Dec 16 2011 (HC)

Manmohan Bedi, Bedi Travels Mcleodganj, Resident of Naravan Bazar and ...

Court : Himachal Pradesh

Decided on : Dec-16-2011

..... or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes- (i) a maxicab; and (ii) a motor cab notwithstanding the separate fares are charged for its passengers. 12 ..... the hirer and the counterfoil of the same was required to be produced. basically, the allegation was that the vehicle was not being used as contract carriage but as a state carriage. 4. the appellants replied to the notice and alongwith the notice sent certain documents. however, the appellants also ..... .1 noticed that either the appellants were not complying with the conditions of the permit or were misusing the permit and were actually using the contract carriage buses as stage carriage buses. consequently, a notice was issued by the state transport authority to the appellants in the year 2003 in ..... stipulates that the permit holder shall not operate the tourist vehicle as a stage carriage. 11. a contract carriage has been defined in the motor vehicles act, 1988 under section 2(7) as follows:- contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is ..... engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the .....

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Jun 23 2011 (HC)

Smt. Hardei Vs. AmIn Chand and Others

Court : Himachal Pradesh

Decided on : Jun-23-2011

..... it can be used as a shield but not as a sword.5. section 53-a of the transfer of property act reads thus:53a. part performance.where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary ..... , 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 ..... forbid a defendant transferee from taking a plea in his defence to protect his possession over the suit property obtained in part performance of a contract even though the period of limitation for bringing a suit for specific performance has expired. it also does not expressly provide that a defendant ..... transferee is not entitled to protect his possession over the suit property taken in part performance of the contract if the period of limitation to bring a suit for specific performance has expired. in absence of such a provision, we have to interpret ..... the proposed vendee, the said proposed vendee must establish that he has done all that was required to be done on his part under the contract. while taking this view i am supported by the observations of the apex court in mohan lal (deceased) through his lrs kachru and others .....

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Aug 30 2011 (HC)

Bhandaru Ram (Deceased) Through His Lr, Rattan Lal Vs. Sukh Ram and Ot ...

Court : Himachal Pradesh

Decided on : Aug-30-2011

..... , to quote: ..if the deed gives time for redemption or adjustment of the rent or profits and liabilities in terms of the contract read with the relevant provisions of the act stood discharged, the limitation for redemption would run from the date fixed in the mortgage deed. otherwise, there is no limitation for ..... redemption under a mortgage deed can come to an end only in a manner known to law. such extinguishment of right can take place by a contract between the parties, by a merger or by a statutory provision which debars the mortgagor from redeeming the mortgage. a mortgagee who has entered into possession ..... under a mortgage deed can come to an end only in a manner known to law. such extinguishment of the right can take place by a contract between the parties, by a merger or by a statutory provision which debars the mortgagor from redeeming the mortgage. a mortgagee in possession of the property ..... in detail that the rule of limitation is not a contract between the parties so as to make the mortgage irredeemable. it is the law founded on the public policy, prescribing a lifespan for the legal ..... mortgage shall always be redeemable and a mortgagors right to redeem shall neither be taken away nor be limited by any contract between the parties.: 20. the courts will ignore any contract, the effect of which is to deprive the mortgagor of his right to redeem the mortgage. it need not be explained .....

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Sep 26 2011 (HC)

Raj Kumar Garg Vs. Raj Kumar and Another

Court : Himachal Pradesh

Decided on : Sep-26-2011

..... agreement itself has been found to be invalid, the recitals contained therein cannot be looked into, including whether the time was an essence of the contract or not. there is no merit in the contention of mr. sudhir thakur, learned counsel for the defendants that the necessary parties have not ..... admission of documents may amount to admission of contents but not its truth. documents having not been produced and marked as required under the evidence act cannot be relied upon by the court. contents of the document cannot be proved by merely filing in a court. 30. mr. ramakant sharma ..... false or fictitious and obtained by committing fraud and misrepresentation by plaintiff on the defendants?..opd. 6. whether the plaintiff is estopped by his own acts and conduct and acquiescence to file and maintain the present suit? opd. 7. whether the suit is not maintainable in the present form?.opd. ..... shri ankush vashisht, who was defendant in a suit pending before civil judge (junior division), kasauli. the plaintiff and shri ankush vashisht were acting as property dealers. the plaintiff and one shri ankush vashisht and few other persons got signatures of the defendants on the blank papers and on ..... suit was contested by the defendants. the defendants have taken a number of preliminary objections. according to the defendants, plaintiff was estopped by his own act, conduct and acquiescence to file and maintain the suit. the suit is not maintainable in the present form as the plaintiff has no legal, valid .....

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May 11 2011 (HC)

Shri Om Parkash Vs. Vinod Kumar and ors.

Court : Himachal Pradesh

Decided on : May-11-2011

..... . 2. briefly stated, the facts of the case are that the appellant hereinafter also referred to as the plaintiff, filed a suit for specific performance of contract as against the respondents, who were impleaded as defendants no. 1 to 3. it was alleged by the plaintiff that the land in suit comprised in khasra ..... . 1 previous owner has already executed the sale deed in favour of defendant no. 3, the relief in question of specific performance of contract cannot be granted in favour of the plaintiff, but he is entitled in the alternative to return of the earnest money. 14. i am supported by ..... no. 1, he was entitled to return of the money paid by him as earnest money in the alternative. in a suit for specific performance of contract when the relief in regard to the execution of the sale deed cannot be granted for one reason or the other including the fact that defendant no ..... the suit land to defendants no. 2 and 3, which sale deed was challenged being fictitious and without possession. hence, the suit for specific performance of the contract filed by the plaintiff. 3. defendant no. 1 who allegedly executed the agreement in favour of the plaintiff as well as defendants no. 2 and 3, ..... the provisions of section 10 of the specific relief act, 1963, which starts with a non obstante clause and although right of specific relief is conferred by a statute but however while granting relief to the .....

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Jun 17 2011 (HC)

Arun Kumar Vs. Prakash Chand Gupta

Court : Himachal Pradesh

Decided on : Jun-17-2011

..... so long as he may himself use the premises but not his transferee inducted into possession of the premises, in breach of the contract or the law, which act is often done with the object of illegitimate profiteering or rack renting. to defeat the provisions of law, a device is at times ..... some other person into possession of that property. in such a situation, it would be difficult for the landlord to prove by direct evidence, the contract or agreement or understanding between the tenant and the sub-tenant. it would also be difficult for the landlord to prove, by direct evidence, that ..... general law of tenancy if the provisions of the special statute are incompatible with the general law of tenancy. under section 14 of the rent act, mere knowledge of the landlord about occupation of the tenanted premises by the said registered society and acceptance of rent for the tenanted premises tendered ..... agreement or understanding between the tenant and the person to whom the possession is so delivered. in this process, the landlord, concealing the overt acts and transferring possession clandestinely to a person who is an utter stranger to the landlord, in the sense that the landlord had not let out ..... that the partnership was purportedly made by arun kumar and manohar lal, and arun kumar and vijay kumar to defeat and overreach the provisions of the act. thus, in these circumstances, it can safely be presumed that parting of possession by arun kumar and manohar lal was for consideration. 26. mr. .....

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