Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: delhi Year: 1970 Page 1 of about 37 results (0.036 seconds)

Mar 12 1970 (HC)

R.D. Gupta Vs. the New Delhi Municipal Committee

Court : Delhi

Decided on : Mar-12-1970

Reported in : ILR1970Delhi38

..... .d.m.c. new delhi', and 'secretary n.d.m.c. new delhi' were typed those officials did not actually sign the contract. to the contract thus signed by the appellant alone was annexed the cyclostyled form public witness d. 8 which appears to be the standard printed form of ..... 1964]3scr164 , the supreme court was concerned with an award in pursuance of an arbitration clause contained in a form setting out general conditions of contract which was accompanied by the letter of acceptance of tenders issued and signed by the chief director of purchases (disposals) food department government of india. ..... from further performance, such differences should be regarded as differences which have arisen 'in respect of or 'with regard' or 'under' the contract and an arbitration clause which uses these or similar expressions should be construed accordingly.'(14) we are thereforee inagreement with the learned single judge when ..... also not disputed that the said disputes were covered by the arbitration clause. the committee however maintained that in the absence of a formal contract executed in conformity with the provisions of section 47 of the punjab municipal act, there was no arbitration agreement.(9) the contention found ..... the arbitration act in this court. the application was, however, opposed by the committee on whose behalf it was contended that since the contract was not executed in accordance with section 47 of the punjab municipal act, 1911, it was not binding on the committee and thereforee there .....

Tag this Judgment!

Apr 02 1970 (HC)

Modi Industries Limited Vs. the Union of India and anr.

Court : Delhi

Decided on : Apr-02-1970

Reported in : ILR1970Delhi621

..... is absolutely of no avail. the constitutional provision has been inserted in public interests to lay down the manner of the making of the contracts in order to safeguard the interest of the state against agreements made by un-authorised persons. in the case before me no grievance has ..... stores and tendered them for inspection. in fact, it is the incorporatecompany which actually performed the said acts and deeds in pursuance of the contract. it was only at a late stage after the stores had been rejected and disputes had arisen and the matter was pending before the arbitrator ..... of the companies act are only enabling provisions and they are neither mandatory nor do they contain any absolute prohibition against the company making a contract in any other name. reference in this connection may usefully be made to section 416 of the companies act which prescribes a procedure where the ..... distinguish some of their business activities from others and it is the petitioner who had taken upon themselves the rights and obligations under the said contract and had also purported to perform the same. it is unfortunate that the officers of the government failed to take notice of the express ..... before me submitted a written statement controverting the allegations of the petitioner and they in particular urged that modi food products had accepted and ratified the contract and so they as well as their successors company the modi sugar mills, limited, were bound by the same and they were estopped from .....

Tag this Judgment!

Aug 06 1970 (HC)

Union of India Vs. Tribhuwan Das Lalji Patel

Court : Delhi

Decided on : Aug-06-1970

Reported in : AIR1971Delhi120

..... an available market for the goods at the date of breach the damages must be based on the difference between that market price and the contract price, a contract of resale becomes immaterial, because if there was a market, the law presumes that the buyer can minimize his damages by procuring substituted goods ..... terms of section 73 the compensation is not to be given for any remote or indirect loss or damage sustained by reason of the breach of contract. the section does not give any cause of action unless and until the damage is actually suffered'i am in respectful agreement with the observations ..... apart from the difference in price, as if the seller had not made default. hence the difference of price, if the market price exceeds the contract price, is the sole damage in general recoverable ........' from the above quoted observations it is sought to be argued that the question of market price ..... the umpire could not award damages as damages can only be awarded provided there is a loss.4. clause 11 (3) of the condition of contract reads as under:-'failure and termination, should the contractor fail to deliver the stores or any consignment thereof within the period prescribed for such delivery the ..... and differences arising between them the same were to be referred to the arbitration of two arbitrators, one to be appointed by each of the contracting parties and in case of disagreement to an umpire for his adjudication. disputes did arise between the parties as to the claim of damages of .....

Tag this Judgment!

Mar 27 1970 (HC)

K.G. Khosla and Co. Vs. the Trustees of the Port of Bombay

Court : Delhi

Decided on : Mar-27-1970

Reported in : 8(1972)DLT92

..... for us to determine the precise amount which the respondents could have been entitled to claim as damages from the appellant for the breach of the contract. nor was this point argued by the parties.(23) the judgment and decree of the trial court are, thereforee, set aside and the ..... of the limitation act and, thereforee, the suit was barred by time.(8) the suit of the plaintiff-respondents was for damages for breach of contract. the limitation for such a suit, thereforee, was three years from the date of the breach under article 115 of the limitation act, 1908. ..... clause and, thereforee, the respondents had to pay ultimately to the contractor a price which was higher than the price at which the appellant had contracted to supply the goods by rs. 16,825-6-0 which was the amount which finally became due to the respondents from the appellant.(6) ..... specifically referred to the appellants tender dated 19-1-1951 and expressly committed themselves in the order to the following statement : 'conditionsaccepted'.(4) the contract thus came into existence on the condition stipulated by the appellant that the delhi court alone would have jurisdiction which conditions was accepted by the respondents.( ..... 37 p. passed against it and in favor of the respondents for damages caused to the respondents by the failure of the appellant to supply the contracted goods to the respondents.(2) the respondents invited tenders for supply of crane chains made of wrought-iroin 'special quality' in their form and on .....

Tag this Judgment!

Oct 30 1970 (HC)

Union of India and ors. Vs. N.K. (P) Ltd. and ors.

Court : Delhi

Decided on : Oct-30-1970

Reported in : 7(1971)DLT406

..... on 25th january, 1969 that its offer had been accepted by the government on 15th july 1968 and also by subsequent conduct and called upon the government to perform the contract. the contract contained a provision that any dispute arising under it shall be referred to arbitration. the company, thereforee, after some fruitless discussions with the government, filed a .petition ..... dated 1st february 1966, the over-riding clause xli includes all the secretaries and additional secretaries to the government of india as being officers entitled to enter into any contract whatsoever on behalf of the government of india. the members and the additional members of the railway board are secretaries and additional secretaries to the government of india. ex ..... the letter dated 15th july 1968 converted the proposal made by the company, including the clarifications given thereafter, into a promise within the meaning of section 7 of the contract act inasmuch as the acceptance conveyed thereby was absolute and unqualified whether viewed in the light of the negotiations preceding it or subsequently to it. questionno. 2:- article 299 ..... the offer was subject to certain conditions. it was accepted subject to the conditions and stipulations printed on the plan'. the house of lords held that there was a completed contract. lord blackburn said at page 1151 : 'themere fact that the parties have expressly stipulated that there shall afterwards be a formal agreement prepared, embodying the terms, which shall .....

Tag this Judgment!

May 11 1970 (HC)

Union of India Vs. Modi Sugar Mills Ltd.

Court : Delhi

Decided on : May-11-1970

Reported in : ILR1970Delhi92

..... are issued on payment to individual officers or private parties and they are also utilised for pricing the lost, damaged or destroyed articles. paragraph 8 of the general conditions of contract makes the contractor responsible for all losses of government property which was in the possession or control of the contractor, ins servants, workmen or agents. the containers were in ..... -9. when the contractor failed to pay this amount, the government deducted the same from the security deposits and other sums due to the contractor on performance of these contracts. the contractor disputed the deduction made by the government and at first referred the dispute to arbitration. after spending some time in arbitration the contractor abandoned the arbitration and ..... was supplied in time. these containers were not returned by the contractor to the government after receiving delivery of the atta, sugar and the hydrogenated oil and after the contracts had been performed by the contractor. the government thereupon demanded from the contractor the return of these containers or the price thereof. the claims made by the government in ..... the cost of both the atta and the ghee at military payment issue rates. the amount so deposited will be returnable to the contractor on satisfactory completion of the contract. 3.the contractor shall surrender to the government all unused surplus materials issued to the contractor by the government and received by the contractor immediately on the completion of .....

Tag this Judgment!

Aug 28 1970 (HC)

Compagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.

Court : Delhi

Decided on : Aug-28-1970

Reported in : ILR1970Delhi927

..... to the revised text of the foot-note whichhad been submitted to it by the petitioner. this letterwas thus the final acceptance in new delhi of the termsof the contract. the contract, thereforee, was concludedat new delhi. a part of the subject matter of thereference matured and, thereforee, a part of the cause ofaction arose in new delhi. ..... entirematerial correspondence having taken place with thedelhi office. but, this question need not detain our attention any further, as mr. pai at the end of his arguments, filed contract documents, which show that theoriginal tender submitted by the petitioner was acceptedby the respondent by its letter dated 10/10/1957,in delhi. the petitioner, however, was requested ..... the execution of theforeign arbitral awards (1937). these were signedat geneva on behalf of india subject to certain reservations limiting india's obligation under the instruments to commercial contracts. for the purpose ofgiving effect to this protoco] and for enabling the saidconvention to become operative in india the 1937 actwas passed. on 10/06/1958, came ..... corporationof india limited, which is a government companyregistered under the companies act, 1956 having itsregistered office in new delhi, for the construction ofnangal fertilizer group of plants. the contract wascontained in a letter dated 10/10/1957, issuedby the said respondent-company called 'letter of instructions', which was followed by some subsequentcorrespondence between the parties. in arbitrationclause .....

Tag this Judgment!

Oct 30 1970 (HC)

The Punjab Registered (iron and Steel) Stockholders Association Ltd. V ...

Court : Delhi

Decided on : Oct-30-1970

Reported in : ILR1970Delhi809

..... with the existence of statutorycontrol. he submitted that laisse faire as anideal had no doubt been supplanted by social securitywhich in turn suggested status rather than contract,but the freedom of contract was not clearly erodedand within narrow limits, it could operate with fullforce.(31) we are prepared to accept the argument that notwithstanding the provisions of ..... owner of thesupplies placed in the controlled stocks.(30) learned counsel for the appellant strongly urgedthat the jural relationship between the parties dependedupon the nature of the contract between them and thatmerely because the appointment of the appellant was madein pursuance of the scheme of control and distributionof iron and steel material under the iron and ..... acquire from the trustee committee of the punjabregistered stock-holders association lahore, the entirebusiness of the association, including its assets and liabilities and also to enter into contracts with the centralgovernment for the purpose of being appointed stockholders of controlled stock in pursuance of the objectsof the iron and steel control order.(29) it was contended ..... authorise.thetrial court relying upon a decision of the supreme court in chatturbhuj vithaldass jasani v. moreshwar parashram and others : [1954]1scr817 heldthat the factum of the contract had not been deniedby the defendant-respondent. it was also admittedthat the iron and steel controller had the authority toappoint the appellant as controlled stock-holder subjectto the .....

Tag this Judgment!

Sep 29 1970 (HC)

Pritam Singh Vs. the State

Court : Delhi

Decided on : Sep-29-1970

Reported in : 1972CriLJ1621a; 7(1971)DLT345

..... released on bail bat guarantees the attendance of that person. he is a surety for attendance and not a surety for payment of money. his contract and the contract of the person released on bail are independent of each other, the simple fact is that the surety promise-, to pay a certain sum of ..... that period is to be returned. english cases ref.' similarly in bhupali charm nandi v. go/am ehihar choudhury of salka it was held that a contract to indemnify a surety against loss in the event of the surety bond being forfeited is illegal and cannot be enforced these cases further support the submission ..... high court in laxman lal v. mulsiianka'. in the matter of babu suraja narain, mukhiear, a special bench of three judges held as under ;- 'a contract is illegal, whereby a defendant in a criminal case, who has been ordered to find bail for his good behavior during a specified period deposited money with his ..... case of the accused making a default the surety bin's himself to forfeit to the government the named sum. 'i his again is an independent contract with the government and is not dependant on the execution of the bond by the accused. as a matter of fact in the form prescribed and which ..... a person so released must give a bond himself nor is there anything, requiring such-a bond on first principles. the person giving bail enters into a contract with a penalty clause to produce the accused person before a magistrate when called upon. the person giving bail .is the principal. the person for whom .....

Tag this Judgment!

May 15 1970 (HC)

State Vs. Sewak Ram

Court : Delhi

Decided on : May-15-1970

Reported in : ILR1970Delhi237

..... and, thereforee, jugna kuer remained out of possession of the property mortgaged. accordingly, jugna kuer instituted a money suit against her vendees for recovery of damages due to breach of contract. a decree was granted to her. in second appeal, by the vendees, the high court dismissed the suit for damages holding that the sale-deed executed by jugna kuer was .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //