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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: delhi Year: 1967 Page 1 of about 22 results (0.062 seconds)

Jul 21 1967 (HC)

Parkash Dev Chopra Vs. the New Bank of India Ltd., New Delhi and ors.

Court : Delhi

Decided on : Jul-21-1967

Reported in : AIR1968Delhi244

..... court, observed-'when the debtor deposits with the creditor title deeds of his property with an intent to create a security the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in toher classes or mortgage. it is essential ..... and the surrounding circumstance lead to the conclusion that the parties did nto intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does ..... and consideration of the surrounding circumstances that the parties did nto intend to reduce the bargain into writing , the contract to create the mortgage would arise by implication of law by the deposit of title deeds with the requisite intention and a letter or a ..... the deposit of title deeds in the form of a document and want that document to be the only repository and appropriate evidence of their contract of equitable mortgage, the document would require registration. if on the toher hand the court comes to the conclusion on construction of the document ..... writing. in order to decide as to whether the writing requires registration the court has to see whether the writing itself constitutes the bargain or contract between the parties, or whether it is a record of an already completed transaction. in the former case the writing would require registration, .....

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Dec 28 1967 (HC)

Tek Chakd Chitkaria Vs. Union of India

Court : Delhi

Decided on : Dec-28-1967

Reported in : 4(1968)DLT284

..... this would be clear from a comparison of their respective language. section 9 (1) (j) may now appropriately be read:- '9. eviction of tenants.-(1) ntowithstanding anything contained in any contract, no court shall pass any decree in favor of a landlord, or make any order, in favor of the landlord whether in execution of a decree or toherwise, evicting any .....

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Mar 03 1967 (HC)

The Salween Timber and Construction Company (India) Vs. Union of India

Court : Delhi

Decided on : Mar-03-1967

Reported in : 4(1968)DLT93

..... . sen is as follows :-'55.xxx x if it was nto the intention of the parties that time should be of the essence of the contract, the contract does nto become voidable by the failure to do such thing at or before the specified time ; but the promiseis entitled to compensation from the ..... , mr. parkash narayan, learned counsel for the respondent pointed out that the appellants did nto base their case before the umpire on section 55 of the contract act, and that even toherwise the letter, x. c/3 dated 15th april, 1957, whereby the appellants sought for the last or final extension of ..... by the learned subordinate judge on the basis of the provisions in section 56 of the indian sale of goods act and section 73 of the indian contract act and illustration '(c)' thereto, are no doubt correctly stated. but, the first part of his view that the umpire fixed the damages taking ..... tendered for inspection and acceptance, but is liable to pay damages by way of compensation only with respect to the quantity which remained due under the contract.(42) the learned subordinate judge then expressed his view that in the present case the umpire allowed the damages by way of compensation of the ..... by way of compensation for the whole of the quantity tendered for inspection, but would be liable only for the quantity which remained due under the contract the learned subordinate judge, thereforee, concluded that in the present case, the umpire, in allowing the damages by way of compensation on the entire quantity .....

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Dec 28 1967 (HC)

Sant Ram Vs. Mekh Lal and Co.

Court : Delhi

Decided on : Dec-28-1967

Reported in : AIR1968Delhi299

..... this would be clear from a comparison of their respective language. section 9 (1) (j) may now appropriately be read:-'9. eviction of tenants. - (1) ntowithstanding anything contained in any contract, no court shall pass any decree in favor of landlord, or make any order, in favor of a landlord whether in execution of a decree or toherwise, evicting any tenant .....

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Feb 01 1967 (HC)

Lajya Ram Vs. Jalil-ur Rehman and ors.

Court : Delhi

Decided on : Feb-01-1967

Reported in : 3(1967)DLT672

..... the happening of a specified event, which involves the rendering of some service by the agent. there is no real analogy between such contracts and contracts of employment by which one party binds himself to do certain work and the toher binds himself to pay remuneration for the doing of ..... he was stopped by the parties in earning his commission. it is nto possible to accept this contention. it appearsfrom the record that the contract was cancelled for a justifiable cause, namely, the failur of seth ram gopal goverdhan das mohatta and his agent seth slav rattan mohatta in ..... general principle is deducible from the authorities, their effect may, i think, be thus summarised. the question depends on the construction of each particular contract, but, prima facie, the intention of the parties to a transaction of this type is likely to be that the commission stipulated for should only ..... class. however, there is a third class of case, t.j which the prevent instance belongs, where, by the express language of the contract, the agent is promised his commission only upon completion of the transaction which he is endeavoring to bring about between the offerer and his principal. ..... property in question was defective and the defects were nto explained in spite of repeated demands; secondly, the agreement of exchange was a contingent contract dependent upon the sanction by the custodian of evacuee property in india and pakistan and the obtaining of income-tax clearance certificates by the respective .....

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Jul 19 1967 (HC)

Kakoo Shah Uttam Chand and ors. Vs. Kamla Wati and ors.

Court : Delhi

Decided on : Jul-19-1967

Reported in : AIR1969Delhi120

..... intention that those documents shall constitute a security which will enable the creditor ultimately to recover the money which he has lent. but if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain, and the document will be the sole evidence of its terms. in such a case the deposit and ..... anything said except that they were to be security; 3. the delivery may be accompanied by a bargain which either is nto written, or if written, does nto constitute the contract of mortgage; and 4. there may be a written bargain in the form of a memorandum which is tacitly considered by the parties themselves as the only repository and appropriate .....

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Nov 21 1967 (HC)

Pritam Singh Vs. Suraj Pershad

Court : Delhi

Decided on : Nov-21-1967

Reported in : 3(1967)DLT704

..... be considered necessary. it may be recalled that section 106 merely lays down a deeming provision in regard to duration of certain leases in the absence of contract or local us- age and provides for their termination by ntoice for specified period to be served in the manner provided. it does nto exclude or ..... additional rights on a landlor but on the contrary imposes certein restrictions on his right to evict a, tenant under the general law or under the contract of lease. the thika act like toher rent acts enacted in various states imposes certain further restrictions on the right of the landlord to evict his tenant ..... of the transfer of property act was necessary and it was this argument which was repelled. it is ntoe worthy that even in clause 7 of the contract of lease in that case, there was a provision that before the lessee could be required to vacate the premises, be would be served with a ..... or lessee by fifteen days' ntoice) expiring with the end of a month of the tenancy. this deeming provision, it is obvious, would nto prevail where the contract itself pro- . vides to the contrary or where a local law or usage negative such a deeming provision. it is, thereforee, clear that an objection of ..... of a valid ntoice under section 106 of the transfer of property act. this section may here be read : - '106.in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to .....

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May 16 1967 (HC)

Ashok Ratti Lal Trivedi Vs. Anjani Madhusudan Oza

Court : Delhi

Decided on : May-16-1967

Reported in : 4(1968)DLT235

..... of fullity has been passed. we would confine the operation e;f the welds while the applicant remains unmarried to those cases where the applicant is in a position to contract a lawful marriage. in such cases the order must be made conditional, its operation being dependent upon the applicant remaining unmarried.'in antoher decision in minarani v. dasarath, with reference ..... serted the words 'while the applicant remains unmarried'. the legislature could only have intended to make those words applicable in those cases where a party was in a position to contract a marriage. those words could nto, with any properiety, be used in respect of these cases where the marriage bond remains unserved. the legislature, in enacting section 25, has even .....

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Sep 20 1967 (HC)

Commissioner of Income-tax, Punjab, Jammu and Kashmir, and Himachal Pr ...

Court : Delhi

Decided on : Sep-20-1967

Reported in : [1968]69ITR598(Delhi)

..... done on 15th november, 1951. harnam singh filed a suit in india for recovery money and supreme court said :&quto;we hold, thereforee, that whether the proper law of the contract applies on the english law of situs in a case of this kind, the defendant is exonerated because, the debt being property, ordinance divested the plaintiffs of ownership in it .....

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Aug 08 1967 (HC)

Visanji Velji Somays Vs. Union of India and ors.

Court : Delhi

Decided on : Aug-08-1967

Reported in : ILR1968Delhi120

..... such imports. that may be good reason for changing its policy in future, but cannto be so for making the cancellation operate retrospectively on the contracts. the constitution has recognised rights of the subjects to carry on trade or business. that recognition is based on the belief that such rights come ..... , yet in the circumstances as these where the government has put a party in a position that it acts to its detriment by entering into firm contracts and parting with money, the government cannto, without any good reason, that is reason where public interest requires the interest of an individual to be ..... is of limited scope. it only avails the crown where there is an implied term to that effect or that is the true meaning of the contract. it certainly has no application in this case. the war office letter is clear and explicit and i see no room for implying a term ..... his detriment. (2)in any case the authorities had no power to cancel the license which cancellation had the effect of operating retrospectively on the contracts already entered into. (3)the permission given to the petitioner in the form of an open general license could nto be cancelled without hearing the petitioner ..... were three separate bills of entry though the consignments were the same. the additional collector found : 'itwas evident from the correspondence that the goods were contracted for and the irrevocable letters of credit opened before the issue of the i.t.c. public ntoice 112/57 dated 14/11/57 laying down .....

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