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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: punjab and haryana Page 1 of about 16,812 results (0.057 seconds)

Aug 31 2005 (HC)

Mst. Lakshmi Vs. Dr. Ajay Kumar and ors.

Court : Punjab and Haryana

Reported in : AIR2006P& H77; (2006)142PLR289

..... recognized by section 13(1)(iii).14. i am further of the view that section 12 of the contract act, 1872, also does not go to the extent of declaring a contract void, if at the time of marking the contract he was capable of understanding the contract and forming a rational judgment as to its effect upon his interest. it has further been provided that ..... for the purposes of contracting.- a person is said to be of sound mind for the purposes of making a ..... but occasionally of sound mind may enter into a contract when he is of sound mind. it is also well settled that burden of proof lies on a party who sets up a plea of unsound mind so as to get a declaration that the contract is void. section 12 of the indian contract act, 1872, reads as under:-12. what is a sound mind ..... contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his .....

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Jan 30 2004 (HC)

State Bank of Patiala Vs. Northland Sugar Complex Ltd.

Court : Punjab and Haryana

Reported in : [2004]55SCL92(Punj& Har)

..... . as mentioned above, the applicant-bank has relied upon the terms of the agreement as well as section 171 of the indian contract act, 1872. section 171 of the indian contract act, 1872, is in two parts. the first part is in the absence of agreement to the contrary. the banker have a right to ..... arura mat durga das, air 1960 punj. 632 has the occasion to consider the general lien of the bank contemplated under section 171 of the contract act, 1872. the rule of english law that the bank has a lien or more appropriately, a right to set off against all monies of his consumers ..... the terms of the agreement as well as in terms of the general lien of the bank as provided under section 171 of the indian contract act, 1872.16. before adverting to the merits of the respective contentions of the parties, it will be beneficial to reproduce few terms of the agreement ..... his possession in the course of his dealings as a banker with his customers, unless there is a contract, express or implied, inconsistent with the lien. the second part of section 171 of the indian contract act, 1872, states that other than bankers, factors, wharfingers, attorneys of a high court and policy brokers, ..... of a credit balance on the account or accounts at any time or any partial payments or fluctuations of accounts.' 18. section 171 of the indian contract act reads as under :--'171. general lien of bankers, factors, wharfingers, attorneys and policy-brokers.--bankers, factors, wharfingers, attorneys of a high court and .....

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Mar 18 2004 (HC)

Sushil Kumar Vs. Neelam

Court : Punjab and Haryana

Reported in : 2004CriLJ3690; I(2005)DMC619

..... , cannot be waived by the said person by mutual agreement. it is also well settled that any contract which is opposed to public policy is void under section 23 of the indian contract act, 1872, and the same cannot be enforced in a court of law. if the object or consideration of ..... former wife will not claim any maintenance from the petitioner in future but it is also a fact that the respondent former wife did not contract remarriage. both the courts have also come to the conclusion that she was unable to maintain herself. in such situation, whether the respondent-former ..... field an application under section 125 of the code for maintenance alleging therein that she was the former wife of the petitioner, she did not contract any re-marriage. she was unable to maintain herself, and the petitioner had refused to maintain her.5. the petitioner contested the aforesaid application ..... from the petitioner in future. admittedly, after the mutual divorce, the respondent-wife has not remarried. she is living alone. however, the husband has contracted the second marriage.4. after the divorce, the respondent wife was not able to maintain herself. in spite of her request, the petitioner had refused ..... of the said wedlock. subsequently, relations between the parties became strained and ultimately on their joint application under section 13-b of the hindu marriage act, a decree of divorce by mutual consent was passed by the learned district judge on 23-11-1995. in their joint petition for divorce, .....

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May 26 2006 (HC)

Trishul Industries Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (2006)144PLR222

..... (i) of rule 9 of the 'service, discipline and appeal rules, 1979' of the central inland water 'transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act 9 of 1872), that unconscionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule ..... . meter over and above rs. 600/-per sq. meter as per the terms of allotment is tantamount to violation of the contract between the petitioner and the mda and is, therefore, not sustainable.(vi) that all acts of the public authority must be public oriented as this sovereignty ultimately lies in the people. the demand clearly infringes the fundamental right ..... bareilly development authority v. varinda gujarati and ors. : air2004sc1749 . having voluntarily entered into the contract, the petitioners cannot be permitted to claim that there was no provision under the 1963 act for levying conversion charges prior to the amendment in section 7 of the act. learned advocate general further submitted that the powers of the director to impose conditions are not .....

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Nov 10 2000 (HC)

Hari Singh Nalwa Vs. Kartar Singh Bhadana

Court : Punjab and Haryana

Reported in : AIR2001P& H86

..... by law, which is made of two elements, namely, an agreement and an obligation. according tosection 25 of the contract act an agreement without consideration is void meaning thereby that in a valid ..... a pecuniary benefit out of contract. in my view a member cannot act independently if he holds a contract in which executive is also a party and thus he is liable to be disquajified under. article 191 of the constitution or under section 9a of the act.42. even according to the definition of contract under indian contract act, 1872, a contract is an agreement enforceable ..... contract there has to be a consideration or obligation. a member of the state ..... his advantage. similarly, the executive can also under the threat of affecting the consideration to the disadvantage of the member can force him not to act independently.43. mining lease is a contract according to which a mining lessee undertakes to pay a royalty per tonne of the mineral despatched from lease hold area as a consideration in lieu .....

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Dec 19 2003 (HC)

Punjab National Bank Vs. Khazan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR2004P& H282; II(2005)BC38; (2004)138PLR458

..... plaintiff-appellant was not interested in the insurance and could have avoided impleading the insurance company. under section 2 of the indian contract act, 1872 'consideration' in support of a contract could move from a third party for the benefits of another party. once an interest has been created in the insurance cover ..... of shri dev raj khanna cannot be sustained and that a presumption in favour of shri dev raj khanna under section 85 of the indian evidence act, 1872 would arise. a similar argument was raised in the case of parmesh knitting works (air 1986 punj & har 214) (supra) and the competence ..... would not result into such an illegality which may prove fatal to the filing of the suit because under section 85 of the indian evidence act, 1872, such a presumption can be raised in favour of the plaintiff-appellant as long as no one else raised objection to the filing of ..... on the authority of dev raj khanna, general power of attorney is absolutely erroneous in law as presumption under section 85 of the indian evidence act, 1872 would still be available and, therefore, it cannot be held that the suit filed by the plaintiff-appellant did not suffer from any legal infirmity ..... presumption does extend to the authority of the person executing the power of attorney whereas the presumption contemplated by section 85 of the indian evidence act, 1872 is available to a particular class of power of attorneys described in the section which is confined to its execution and authenticity alone.7. .....

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Mar 22 2002 (HC)

Atul Mehra and anr. Vs. Bank of Maharashtra

Court : Punjab and Haryana

Reported in : AIR2003P& H11; II(2003)BC570

..... by the plaintiffs. therefore, clearly the plaintiffs have failed to prove entrustment of the jewellery to constitute bailment as required under section 148 of the indian contract act, 1872.20. mr. chhibbar, had placed heavy reliance on the judgment of this court in na tional bank of lahore ltd., delhi v. sohan lal ..... with respect to the extent of the precautions taken to protect the goods entrusted. it has been held that section 151 of the indian contract act, 1872, states that in all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a ..... it would have to be held that there was no entrustment of the goods to constitute bailment as required under section 148 of the indian contract act, 1872.18. mr. chhibbar has also cited a number of cases to illustrate the law in england with regard to bailment. the authorities cited by ..... argued that the relationship between the appellants and the respondent-bank was that of a bailor and bailee as given in section 148 of the indian contract act, 1872. according to the learned counsel, once it is accepted that the relationship between the parties is that of 'bailment', the lack of knowledge of ..... formulated thus :--'would the relationship between the locker hirer and the bank fall within the definition of bailment as given in section 148 of the indian contract act, 1872, merely on the locker being hired; or is it necessary also to prove by independent evidence entrustment, quantity, quality and value of the property .....

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Dec 02 2005 (HC)

Municipal Committee Through Its Secretary and anr. Vs. Bajrang Rao and ...

Court : Punjab and Haryana

Reported in : AIR2006P& H142; 2007(2)CTLJ352(P& H); (2006)142PLR764

..... pannalal v. dy. commissioner, bhandara holding that the provisions of section 70 of the contract act, 1872 apply to individual and the corporate act, 1872 apply to individual and the corporate bodies/government alike their lordships of the supreme court held as under:-it is true, as the learned judges of the ..... . similar view has been taken by the supreme court in the case of v.r. subraman-yam v. b. thayappa : [1961]3scr663 . however, principles of section 70 of contract act, 1872 and as propounded in the aforementioned judgment have been again applied for grant of amount of compensation in respect of construction work done for municipal committee. in the case of ..... former case a constitutional bench of supreme court has laid down three conditions which must be fulfilled to invoke the principle of equitable compensation envisaged by section 70 of the contract act, 1872. the aforementioned position emerges from the reading of para 14 of the judgment which is as under: -it is plain that three conditions must be satisfied before this ..... consideration because section 70 is available in cases where obligations have arisen out of certain obligations resembling with those created by contract. in other words chapter 5 of the contract act, 1872 does not deal with the rights and liabilities accruing from the contract, however, it would be apt to remark that the legal position as projected by the learned counsel for the .....

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May 14 2003 (HC)

Raj Kumar Vs. Shri Chander Singh and ors.

Court : Punjab and Haryana

Reported in : 2003(3)ARBLR609(P& H); (2003)135PLR445

..... the petitioner assignee because it would result into complete frustration of the rights assigned. leaned counsel has referred to the provisions of sections 202, 203 and 204 of the indian contract act., 1872 and has also placed reliance on various judgments of this court as well as of the supreme court which are as follows;- i) ramesh mohan and anr. v. raj krishan ..... not find any legal infirmity in the order passed by the civil judge. 10. it is trite that without consideration no contract can ever come into being. section 2(d) of the indian contract act, 1872 has provided an elaborate definition of the expressed contract which reads as under:- 'when at the desire of the promisor, the promisee or any other person has done or ..... abstained from doing, or does or abstains from doing or promises to do or to abstain from doing, something such act or abstinence or promise is called ..... present case because in all those the assignee or general power of attorney has been executed by passing valuable consideration. such power under sections 202, 203 and 204 of the contract act could be held to be irrevocable unless consent of the assignee is obtained. therefore, i have no hesitation in rejecting the aforementioned argument. the revision petition is thus without any .....

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Jul 20 2006 (HC)

Punjab State Industrial Development Corporation Limited Vs. Punjab Nat ...

Court : Punjab and Haryana

Reported in : [2008]145CompCas293(P& H); (2006)144PLR402; [2009]95SCL189(Punj& Har)

..... representatives v. state bank of travancore and ors. : [1968]3scr724 , to contend that in terms of sections 140 and 141 of the indian contract act, 1872, the applicant who is a guarantor, on payment of the amount on behalf of the principal debtor steps into the shoes of the secured creditors and ..... is necessary to consider the provisions of section 140 of the indian contract act, 1872 which states:where a guaranteed debt has become due, or default of ..... development corporation limited under section 442, 429-a, of the companies act, 1956 (hereinafter to be referred as 'the act') read with rule 9 of the companies court rules, 1959, and sections 141 and 145 of the indian contract act, 1872, for an order to, declare all the liabilities of the punjab national ..... case (supra) is a case where the appellants have executed a contract of guarantee entered into by the partnership firm. one of the aspects considered by the supreme court was scope of section 140 of the indian contract act, 1872 and it was held to the following effect:.in this connection it ..... principal debtor; to enforce every security and all means of payment; to stand in the place of creditor; nor only through the modicum of contract, but even by means of securities entered into without the knowledge of surety having a right to have those securities transferred to him, though .....

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