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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: punjab and haryana Year: 2011 Page 1 of about 42 results (0.039 seconds)

Aug 26 2011 (HC)

iffco Tokio General Insurance Company Ltd. Vs. Permanent Lok Adalat (P ...

Court : Punjab and Haryana

Decided on : Aug-26-2011

..... courts would not enforce and when called upon to do so, strike down such an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. for instance, the above principle would apply where the inequality of bargaining power is ..... approached the permanent lok adalat (public utility services) gurgaon (for brevity, `the lok adalat') by filing an application under section 22-c of the legal services authority act, 1987, claiming a sum of rs. 2,33,000- with interest @ 24% per annum from the date of claim application till payment with costs (p-17 ..... a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. the types of contract to which the principle formulated above applies to terms which are so unfair and unreasonable that ..... lok adalat. the law is well settled with regard to the exclusion clauses in standard forms of contracts. when the bargaining powers of the parties is unequal and a consumer has no real freedom to contract then such a power may be considered unfair. the principle deducible from various precedents is that the ..... , on the basis of which the claim of respondent no. 2 was declined, is unfair and unreasonable clause, which cannot be acted upon by the insurance company. the instant appeal is, thus, devoid of merit and does not warrant admission. dismissed. appeal dismissed. .....

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Mar 11 2011 (HC)

Dr.Sukhpal Varni. Vs.The Commissioner and Secretary to Government, Har ...

Court : Punjab and Haryana

Decided on : Mar-11-2011

judgement1. the matrix of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that petitioner dr.sukhpal varni was appointed as hindi lecturer on 12.11.1988 by the managing committee of i.b.college, panipat respondent no.4 (for brevity "respondent-managing committee") in the pay scale of ` 2200-4000, on probation for a period of one year, vide appointment letter (annexure p1). the petitioner claimed that although his work and conduct was satisfactory, but the principal of the respondent- managing committee concocted a false story/case against him and tried to play with his career. consequently, his services were terminated, by way of impugned letter dated 16.10.1989 (annexure p2). the appeal (annexure p3) filed by the petitioner was dismissed by the director of higher education, haryana (respondent no.2), by means of mpugned order dated 23.1.1990 (annexure p4). the revision (annexure p5) filed by the petitioner was dismissed as well, by the civil writ petition no.17678 of 1991 commissioner & secretary to government of haryana (respondent no.1), by virtue of impugned order dated 16.10.1991 (annexure p6).2. the petitioner still did not feel satisfied and preferred the instant writ petition, challenging the impugned orders (annexures p2, p4 & p6), invoking the provisions of articles 226 and 227 of the constitution of india, inter-alia pleading that his .....

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Dec 23 2011 (HC)

K.H. Hotels Pvt. Limited Vs. Krishan Kumar and Others

Court : Punjab and Haryana

Decided on : Dec-23-2011

Reported in : 2012(2)PunLR215

..... far as the submission of learned counsel for the respondents concerns the dishonour of the cheque and proceedings under section 138 of negotiable instruments act , it can be said that the enforcement of obligation under the admitted contract cannot be denied for this reason. the petitioner would be liable to punishment if it has committed the offence punishable under section 138 of ..... aforesaid provision, the court has got discretion to grant an injunction with the object of preventing the breach of an obligation as also to compel performance of the requisite acts. so, under this provision, if there is a contract between the parties, which is either admitted or established, laying down an obligation on the part of one of the parties to the ..... contract to do certain acts which the court is capable of enforcing, the court has got the discretionary power to grant such an injunction to prevent the breach of obligation and also to compel performance of the requisite acts. the petitioner/lessee has taken the basement and ground floor of sco ..... the negotiable instruments act. the rent for the period prior to march, 2011 has admittedly been paid before the rent controller and the petitioner may still .....

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Dec 23 2011 (HC)

Reliance General Insurance Company Limited Vs. Neelam Nagpal and Other ...

Court : Punjab and Haryana

Decided on : Dec-23-2011

..... be made a party-respondent either by the claimants voluntarily in the claim petition or by the direction of the tribunal under section 170 of the act. whatever be the reason or ground for the insurer being impleaded as a party, once it is a party-respondent, it can raise all contentions ..... , it will be entitled to contest the matter by raising all grounds, without being restricted to the grounds available under section 149(2) of the act. the claim petition is maintainable against the owner and driver without impleading the insurer as a party. when a statutory notice is issued under section 149 ..... whatever reason, then as such respondent, the insurer will be entitled to urge all contentions and grounds which may be available to it. 9. the act does not require the claimants to implead the insurer as a party respondent. but if the claimants choose to implead the insurer as a party, not ..... when an insurer is impleaded as a party - respondent to the claim petition, as contrasted from merely being a noticee under section 149(2) of the act, its rights are significantly different. if the insurer is only a noticee, it can only raise such of those grounds as are permissible in law under ..... and the petitioner as respondent no.3. claiming that the claimants and the other respondents have colluded with each other, application under section 170 of the act was made vide which prayer was made to allow the petitioner to contest the petition on all grounds. the said application has been dismissed. i have .....

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Dec 20 2011 (HC)

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

Decided on : Dec-20-2011

..... states by re-organization, parliament may enact provisions for dividing land, water and other resources; distribute the assets and liabilities of predecessor states amongst the new states; make provisions for contracts and other legal rights and obligations. the constitutional validity of law made under articles 3 and 4 cannot be questioned on the ground of lack of legislative competence with reference ..... purpose or meaning, hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause `exception' or `modification' in a central act, state act or provincial act resembles the power exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope of section 72(2 ..... to that `exception' and if section 72(1) is dissected into parts for its better understanding, it reveals that :- (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of re- organization of the state of ..... 72. general provisions as to statutory corporations. - (1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of part ii become an .....

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Dec 13 2011 (HC)

Welspun Corp. Ltd. Vs. the Micro and Small, Medium Enterprises Facilit ...

Court : Punjab and Haryana

Decided on : Dec-13-2011

..... parties. 6. in this case, if there was a contract between the parties to have an arbitration made under the act, 1996 and the conciliator had proposed to terminate its conciliatory postures, it was competent for it to treat itself as an arbitrator and proceed the ..... manner canvassed by the learned counsel that section 18(3) will apply only if there is no contract between the parties for a reference to arbitration under the act, 1996. on the contrary, the latter part of section 18(3) that the provisions of the act, 1996 would apply to a dispute as if the arbitration was in pursuance of an arbitration agreement ..... contracts by making express provision that it shall be subject to any contract to the contrary, it must be so read that the legislation must prevail over the individual volition of ..... this clause will apply only in cases where there is no agreement between the parties for an arbitration in their own contract. according to the learned counsel, since the contract specifies that the parties shall be at liberty to seek for an arbitration under the act, 1996, the said contract must prevail. if the statute does not save the sanctity of specific terms of .....

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Nov 18 2011 (HC)

Surinder Singh and Another Vs. the Prescribed Authority (S.D.O. Civil) ...

Court : Punjab and Haryana

Decided on : Nov-18-2011

..... by appellants-plaintiffs, inter alia, on the ground that jurisdiction of civil court is clearly barred under section 26 of the act. appeal filed by present appellants-plaintiffs against the said judgment and decree was also dismissed by learned additional district judge, narnaul, holding, inter alia, that the civil court has ..... on the ground that orders were legally passed by the competent authorities, i.e., prescribed authority, collector and commissioner under the act and that the present suit is not maintainable as jurisdiction of civil court is barred to entertain and decide the present suit. 5. learned trial court dismissed the suit filed ..... order of collector mahendergarh at narnaul, dated 21.9.1995, and order dated 27.9.1995 passed by commissioner, gurgaon division, gurgaon, under haryana ceiling on lands holdings act, 1972 (for short `the act') being illegal, void and not binding upon their rights. 4. on notice being issued, joint written statement was filed by respondents- defendants contesting the same, inter alia, ..... jurisdiction to- (a) entertain or proceed with a suit for specific performance of a contract for transfer of land, which affects the right of the state government to the surplus area under this act; or (b) settle, decide or deal with any matter which is under this act required to be settled, decided or dealt with by the financial commissioner, the collector .....

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Oct 13 2011 (HC)

Shamsher Singh Vs. the New India Insurance Company Ltd. and Others

Court : Punjab and Haryana

Decided on : Oct-13-2011

..... kusum rai and others' case (supra) and it was held that there was a breach of the condition of the contract of the insurance and the insurance company is entitled to raise a defence under section 149(2) of the motor vehicles act, 1988. in angad kol and others' case (supra), it has been laid down by hon'ble supreme court of ..... a transport vehicle was found to possess a licence for light motor vehicle without no endorsement of transport vehicle thereon, it would amount to violation of the terms of the contract of the insurance. 15. in sat pal and another's case (supra) the driving licence possessed by the driver was authorizing him to drive car, jeep and motorcycle. he was ..... is very difficult for a child of five years to predict as to what he would have become in his life and what would have been his income, yet the act in second schedule lays down an income of rs. 15,000/- per annum for non-earning persons. that amount could be taken as annual income of the deceased. the age .....

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Oct 03 2011 (HC)

M/S. Hind Sons Agency and Others Vs. Sh. Jai Parkash Jain

Court : Punjab and Haryana

Decided on : Oct-03-2011

..... disabilities, the parties to the lis is to appear before the court ' obviously no. the appointment of attorney contemplated under the contract act as well as under the power of attorney act, cannot be set to a naught by such interpretation sought to be put forward by the learned counsel for the petitioner. ..... who cannot depose or verify the facts of personal need of the respondent and therefore, the said petition filed under section 13-b of the act was not maintainable. it was also pleaded that the respondent had not placed on record any document to certify his claim to become owner/landlord ..... landlord between the parties. 4. upon notice, the petitioners appeared and filed an application under section 18-a of the east punjab urban rent restriction act, 1949 praying for leave to defend the aforesaid ejectment application submitting that the instant application was only an attempt in the disguise of bona fide ..... prior to the date of initiation of ejectment proceedings had filed the instant ejectment application against the petitioners under section 13-b of the rent act alleging that he required the premises in dispute for his own use and occupation. he intends to come to india for starting his own new ..... order dated 7.12.2010 whereby their application for leave to defend, a petition filed under section 13-b of east punjab urban rent restriction act has been declined. 2. the brief facts of this revision petition are that the respondent-landlord claiming himself to be an nri and owner of .....

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Sep 26 2011 (HC)

Jeet Singh Panch Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Sep-26-2011

Reported in : 2012(1)PunLR79; 2012(2)RCR(Civil)176

..... shall be handed over as soon as possible to the block development and panchayat officer concerned. (6) notwithstanding anything contained in this act, whoever, in contravention of the provisions of this section wilfully evades the handing over of such record or property shall, on conviction ..... such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the gram panchayat under this act or the rules made thereunder. provided that the sarpanch shall not exercise such powers, perform such functions or discharge such duties as may ..... a common seal, and subject to any restriction by or under the act or any other law, shall have power to acquire, hold, administer and transfer property movable or immovable, and to enter into contracts and shall by the said name sue and be sued. sarpanch shall ..... succession and a common seal, and subject to any restriction by or under this act or any other law, shall have power to acquire, hold, administer and transfer property movable or immovable, and to enter into contracts and shall by the said name sue and be sued." "16. powers, ..... be responsible for convening meeting of the gram panchayat and preside over its meeting and shall maintain record of the gram panchayat and shall have general responsibility for the financial and executive administration of gram panchayat and shall discharge such other duties as may be prescribed under the act .....

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