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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2011 Page 11 of about 4,001 results (0.186 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)

Sh. Nand Ram Bagri Vs. Sh. Jai Kishan and ors.

Court : Delhi

Decided on : Mar-11-2011

..... civil procedure, 1908 to the trial of suits, subject of course to the provisions of the act and any rules made thereunder. section 87(2) also provides that the provisions of the indian evidence act, 1872 shall be deemed to apply in all respects to the trial of an election petition, again subject ..... to the provisions of the act.4. attention of the counsel for the respondent no.1 is also invited to ..... an election petition was vested. the high court is a constitutional court which was existing since prior to the enactment of the representation of the people act. it is a court of record and exercises plenary powers. the high court being a pre- existing judicial institution has rules, directions and practices ..... and recording of cross examination on commission.5. it was enquired from the counsel for the respondent no.1 as to which provision of the act or the rules prevented the high court from having the examination in chief of the witnesses in an election petition on affidavit and having their ..... election petitions for the purposes of rectifying the defects / objections, as being followed with respect to plaints, was contrary to the provisions of the act and the rules and issuing directions for rectifying the said practice;(iii) attention is invited to kailash v. nanhku air 2005 sc 2441 holding that .....

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Mar 11 2011 (HC)

Md. Mumtaz Ahmad Qaisar and anr. Vs. Md. Mozahir Imam Plaintiff .

Court : Patna

Decided on : Mar-11-2011

..... should have allowed the appellants to participate in the suit after accepting the written statement already filed as the suit was for specific performance of contract. the plaintiff was praying for discretionary relief from the court and the suit was not in the nature of general suit. while considering the ..... the property. hence, the learned court below has rightly found that the plaintiff was always and is still ready to perform his part of the contract. according to the learned counsel, there is no illegality in the impugned judgment and decree and therefore, the first appeal is liable to be dismissed ..... i, biharsharif, nalanda in title suit no.162 of 2004. (2) the plaintiff-respondent filed the aforesaid title suit for specific performance of contract dated 21.07.2004 alleging that the defendants-appellants were in need of money so, they decided to sell the suit house. the negotiation was ..... 17 has held as follows:"17. in the facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit- an act of court shall prejudice no man, shall be applicable. this maxim is founded upon justice and good sense which serves a safe and certain guide ..... humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable justice is the goal of jurisprudence-processual, as much as substantive."30. it .....

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Mar 11 2011 (HC)

Md. Mumtaz Ahmad Qaisar, and anr. Vs. Md. Mozahir Imam Plaintiff .

Court : Patna

Decided on : Mar-11-2011

..... should have allowed the appellants to participate in the suit after accepting the written statement already filed as the suit was for specific performance of contract. the plaintiff was praying for discretionary relief from the court and the suit was not in the nature of general suit. while considering the ..... the property. hence, the learned court below has rightly found that the plaintiff was always and is still ready to perform his part of the contract. according to the learned counsel, there is no illegality in the impugned judgment and decree and therefore, the first appeal is liable to be dismissed ..... i, biharsharif, nalanda in title suit no.162 of 2004. (2) the plaintiff-respondent filed the aforesaid title suit for specific performance of contract dated 21.07.2004 alleging that the defendants-appellants were in need of money so, they decided to sell the suit house. the negotiation was ..... 17 has held as follows:"17. in the facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit- an act of court shall prejudice no man, shall be applicable. this maxim is founded upon justice and good sense which serves a safe and certain guide ..... humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable justice is the goal of jurisprudence-processual, as much as substantive."30. it .....

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Mar 11 2011 (HC)

Mr.Rohidas Ganpat Godse Vs. the Principal G.B.Khare College and ors.

Court : Mumbai

Decided on : Mar-11-2011

..... assigning any reasons. it is also equally well settled that such an order of termination is not a stigmatic order and as per the contract of service or the terms of appointment, the employer has such a right so that the exercise of such right would not amount to ..... set out the procedure for the assessment of the probationer's performance and writing of his confidential reports. when a special statute like the meps act has provided for a specific procedure to be followed while terminating the employment of a probationer on the ground of unsatisfactory performance, the said ..... 5) all mr 200, the division bench of this court, while considering similar provisions in the maharashtra employees of private schools (conditions of service) regulation act, has held thus :-"13. it is true that as a general principle in service jurisprudence an employee is appointed on probation to test his/her ..... temporary employee and, therefore, could have been terminated from service at any point of time. according to her, requisite steps as envisaged under the act had been taken while terminating the petitioner's services and, therefore, this court should not interfere with the order passed by the tribunal. she ..... selection process and was in fact entitled to permanent employment. she submitted that the management had failed to follow the procedure detailed in the act for assessment of reports or work of the petitioner. according to the learned advocate, the failure on the part of the management to comply .....

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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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Mar 11 2011 (HC)

Dayawati Khanna Vs. Suman Mehra and ors.

Court : Delhi

Decided on : Mar-11-2011

1. whether reporters of local papers may no. be allowed to see the judgment?2. to be referred to the reporter or not? no.3. whether the judgment should be reported no. in digest?1. this is an application filed by defendant no. 6 for permission (i) to let out the second and third floor of the suit property which is a duplex unit, (ii) to restrain the plaintiff and defendant no. 4 and anyone else claiming through them from interfering in his use and enjoyment of the aforesaid portions of the property and to have access to all the portions of the property and (iii) to restrain them and anyone claiming through them, from interfering in use of the basement of the aforesaid property by him.2. the plaintiff, who is stated to be aged about 80 years, is the wife of defendant no. 6, who is stated to be about 86 years old, whereas defendant nos. 1 to 5 are their daughters. property no. 21a, aurangzeb lane, new delhi was owned by an huf consisting of defendant no.6 shri t.n. khanna and his three brothers namely bhola nath, mahadev prasha and santosh kumar. a partition took place amongst the members of the aforesaid huf and in that partition, unit no. 4 in the aforesaid property fell to the share of shri t.n. khanna, huf. this partition was affirmed by an arbitrator who was appointed to adjudicate on certain disputes which had arisen amongst shri t.n. khanna and his three brothers.3. as per the award rendered by justice m.l. verma on 25th may, 1995, a sum of rs. 7,12,710/- was to be paid .....

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Mar 04 2011 (HC)

Majabutsinh C Gohil Vs State of Gujarat and ors.

Court : Gujarat

Decided on : Mar-04-2011

1. the challenge in this petition preferred under article 226 of the constitution of india, is to the rejection of the candidature of the petitioner by respondent no.2 gujarat public service commission (gpsc), on the ground that the petitioner does not possess the requisite qualifications for the post of lecturer in the discipline of mechanical engineering. it is, interalia, prayed that the decision of the gpsc rejecting the candidature of the petitioner on the ground that he has not scored 75 percentile in the graduate aptitude test in engineering (gate), be quashed and set aside and the petitioner be declared as eligible to be considered for appointment to the post of lecturer, class-ii, in the government engineering colleges and polytechnics in the state of gujarat.2. the relevant factual background is that the gpsc published advertisement no.186 dated 16.02.2010, calling for applications from eligible candidates to fill up the posts of lecturers in government engineering colleges and polytechnics in the state of gujarat. the petitioner, who was appointed as lecturer (mechanical engineering) on ad hoc basis vide order dated 28.01.2009, applied pursuant to the same. earlier, the petitioner, along with others, had filed a petition, being special civil application no.4651 of 2010, seeking a direction that his services be not terminated. this was done in view of the fact that the appointment of the petitioner was for a term of 11 months, or till he is replaced by a regularly .....

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Mar 09 2011 (HC)

Babasaheb S/O Raosaheb Malba Vs. Raosaheb S/O Dattatraya Bandgar and o ...

Court : Mumbai Aurangabad

Decided on : Mar-09-2011

..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....

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Mar 04 2011 (HC)

Panchanbhai Nanjibhai Kantaria Vs State of Gujarat;

Court : Gujarat

Decided on : Mar-04-2011

..... witnesses who were examined by prosecution, it is established that the handwriting is proved beyond reasonable doubt and so far as section 8 of the evidence act is concerned, the conduct of the accused appellant is required to be considered. in light of the evidence led before the sessions court and from ..... shows the conduct of the appellant accused and therefore, same is required to be considered in light of the provisions of section 8 of the evidence act. the conduct of the accused to make demand of rs.300/- and on demand, the accused had returned back rs.50/- to the complainant and ..... pay a fine of rs.500/-, i/d to suffer simple imprisonment for three months for the offence punishable under sections 7 of the prevention of corruption act. all the sentences shall run concurrently.2. according to the prosecution, the complainant at the time of filing of fir, was residing in village sagar ..... the learned sessions judge was pleased to convict the appellant-accused under section 13(2) read with section 13(1)(d) of the prevention of corruption act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of rs.500/-, i/d, to further undergo simple ..... trial for the commission of the offences under section 7 and 13 (1)(d) read with section 13 (2) of the prevention of corruption act, 1988 (hereinafter referred 'the act'). the learned special sessions judge, jamnagar, in special case no.18 of 1993 passed judgment and order of conviction and sentence dated 7^th .....

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