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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: himachal pradesh Year: 2011 Page 1 of about 21 results (0.015 seconds)

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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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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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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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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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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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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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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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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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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