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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 2011 Page 2 of about 21 results (0.019 seconds)

Oct 20 2011 (TRI)

The Life Insurance Corporation of India and Another Vs. Mrs. Usha Shar ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Oct-20-2011

..... a prudent insurer in fixing the premium or determining whether he would like to accept the risk. any fact which goes to the root of the contract of insurance and has a bearing on the risk involved would be ??material ? . no other point was urged. in view of the aforesaid facts ..... 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 ..... that the deceased concealed the fact relating to his drinking habit is not justified. legal position in the matters covered under section 45 of the insurance act, 1938 had been dealt in detail by the apex court in case titled as p.c. chako and another versus chairman life insurance corporation of ..... the complainant had submitted the papers to the opposite parties but the opposite parties had repudiated her claim on flimsy grounds and as such this act and conduct of the opposite parties amounts to deficiency of service and unfair trade practice on their part. in this background, present complaint under section ..... 12 of the consumer protection act, 1986 was filed for claiming the relief for getting the insurance of policy alongwith interest @ 15% per annum from the date of the death .....

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Nov 17 2011 (TRI)

M/S. Surya Filling Station Vs. Drastic Reliable Works (Regd.) Chintpur ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on : Nov-17-2011

..... was contested and resisted on behalf of the opposite party by filing their reply wherein it was contested by contended that there was no privity of contract between the parties. the complainant has suppressed material facts from this forum and she has not come with clean hands. it is also alleged by ..... by the complainant in the tiles. as such the complainant falls within the definition of consumer u/s 2 (1)(d) of the consumer protection act., 1986 and it cannot be termed as commercial transaction. as such there is no force in the plea of the counsel for the respondent that ..... ??12. in our view this submission also requires to be rejected because under the act, for summary or speedy trial, exhaustive procedure in conformity with the principles of natural justice is provided. therefore, merely because it is mentioned that commission ..... that can be decided in summary proceedings by the fora below. hence in view of the judgement of apex court given supra foras under consumer protection act, 1986 are legally competent to decide the question of law and facts in summary manner. the relevant portion of the judgement is quoted in extenso:- ..... replace the defective pavers at their costs on false and frivolous reasons. 4. in this background present complaint u/s 12 of the consumer protection act, 1986 was filed for deficiency of service on the part of op. the complainant has contended that there was a deficiency in services of the .....

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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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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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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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Jun 21 2011 (HC)

Saroj Garg Vs. State of H.P. and Others

Court : Himachal Pradesh

Decided on : Jun-21-2011

..... has held that the terms of invitation to tender are not open to judicial scrutiny for the reason that the same is in the realm of a contract. the government must have freedom of contract. fair play in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi administrative sphere. the decision, however, must be ..... intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached; (ii) whether public interest is affected. if the answers are in the negative, the court would refrain from granting indulgence .....

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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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Apr 20 2011 (HC)

Jagdev Singh Vs. Pheenu Ram Alias Ashwani Kumar and anr.

Court : Himachal Pradesh

Decided on : Apr-20-2011

..... the petitioner-plaintiff (hereinafter referred to as the plaintiff for convenience sake), has instituted a civil suit bearing no. 37 of 1993, for specific performance of contract against the respondents-defendants (hereinafter referred to as the defendants for brevity sake). according to the plaintiff, the defendant no. 1, namely, shri pheenu ram ..... the defendants are brother and sister. defendant no. 1 did not execute the sale deed and in these circumstances, the suit for specific performance of contract was filed by the plaintiff. defendant no. 1 was issued notices number of times and ultimately, he was served by the process-server with the ..... (supra), the question was as to which date should be considered as 1st date of hearing under the provisions of the east punjab urban rent restriction act. in my view the ratio in these cases is of no assistance. in kesar singhs case (1071-73 pun lr 198) (supra) the defendant ..... proviso of order 9 rule 13 of the code of civil procedure. the second proviso has been inserted in the code of civil procedure (amendment act), 1977. according to which, the court shall not set aside an ex parte decree merely on the ground of irregularity in service of summons in ..... a settled principle of law that if there is some conflict in different provisions of an act, they should be construed harmoniously. it is also a settled principle of law that the provisions of an amending act should be given effect to and they should be construed in such a way that 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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