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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai nagpur Year: 2015 Page 1 of about 7 results (0.050 seconds)

Feb 10 2015 (HC)

Kaprecon Sleeper Works Pvt. Ltd. and Others Vs. Union of India, throug ...

Court : Mumbai Nagpur

Decided on : Feb-10-2015

..... rocks reported in 2008 (14) scale 98 is cited to canvass an argument that the apex court held that although ordinarily superior court would not enforce the terms of contract qua contract, it is trite that when an action of the state is arbitrary or discriminatory and thus violative of art 14 of the constitution of india, a writ petition would ..... cited to set aside the judgment delivered by the division bench impugned therein to restore back the ruling of the learned single judge of the calcutta high court. terms of contract qua contract are not enforceable in exercise of writ jurisdiction. 15. in jasbirsingh chhabra and others .vs. state of punjab and others reported in air 2010 sc 622, while considering ..... was quashed. 28. in our view, the respondent/railway authority in the case in hand acted within its right to examine the repeat orders granted to the petitioners after the contract initially entered into was already concluded long back. respondent/railway authority exercised discretion to save public money wherever possible to award the work to the appropriate competitive bidders in the ..... the principles of natural justice were not attracted in the facts and circumstances of the case. 12. the learned counsel for the petitioner posed a question as to whether the contract between the parties was terminated unreasonably, malafidely and arbitrarily under the colourable exercise of power, without following the principles of natural justice. we have heard the rival submissions at length .....

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Jan 20 2015 (HC)

Santosh Rani and Another Vs. The Hon’ble Member, Maharashtra Stat ...

Court : Mumbai Nagpur

Decided on : Jan-20-2015

..... speak, or unless his silence is, in itself, equivalent to speech.11. thus, it can be seen that as per the definition as given in the contract act, ??fraud would mean and include any of the acts which are given in the said act with intention to deceive another party or induce him to ..... omission as the law specially declares to be fraudulent.explanation. ?? mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to ..... member unless;..................................9. a perusal of the said clause would thus clearly show that any person who is more than 18 years of age and competent to contract and desirous of taking a plot and is residing or intends to reside within the area of operation of the society and is constructing or acquiring ownership ..... 2 of the byelaws.d.1.2 qualifications and disqualifications attached to class or classes of members:i) any person over 18 years of age competent to contract to and desirous of taking a plot and is residing or intends to reside within the area of operation of the society and who is constructing or ..... enter into a contract, namely the suggestion, as a fact, or that which is not true, by one who does not believe it to be true, the active concealment of .....

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Sep 10 2015 (HC)

Purushottam Vs. Sheelabai and Another

Court : Mumbai Nagpur

Decided on : Sep-10-2015

..... money for its nonperformance would not afford adequate relief. explanation. unless and until the contrary is proved, the court shall presume (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and 24. the provision clearly indicates that when an obligation enforceable by law is created, the party under ..... appellant-plaintiff was/is all along ready and willing to abide by his contractual obligation while the respondents-defendants continuously were avoiding to perform their respective part of the contract. in my opinion, the appellant-plaintiff was entitled to insist upon specific performance of the suit agreement to sell. the discretionary relief ought to have been granted in ..... to claim damages for breach of agreement, if any, with the respondents-defendants, but such subsequent purchasers claiming under the respondents-defendants in the absence of privity of contract with the appellant-plaintiff are not entitled to defeat otherwise sustainable decree by seeking to intervene and participate at the hearing of the second appeal. that being so, civil ..... respondents-defendants have no locus standi as such to participate in the hearing of the second appeal upon substantial question of law for want of any privity of the contract between the intervenors and the appellant-plaintiff. shri mardikar, learned counsel, submits that the appellant-plaintiff is legally entitled to insist upon execution of the registered sale deed .....

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Feb 10 2015 (HC)

Shobha Janardhan Masram Vs. Ganpat Gulabrao Thakre

Court : Mumbai Nagpur

Decided on : Feb-10-2015

..... the civil suit relating to ??right of purchase of property ? and consequently the gram nyayalaya can entertain and decide the civil suit praying for decree for specific performance of the contract in respect of the property which is situated within its jurisdiction. 15. the contention on behalf of the petitioner that the gram nyayalaya has no jurisdiction to entertain and decide ..... is without jurisdiction and unsustainable in law. it is submitted that the claim as made by the plaintiff in the civil suit praying for decree for specific performance of the contract and for permanent injunction could not have been entertained by the gram nyayalaya. it is submitted that the claim for possession of the suit field made by the defendant in ..... field on 17-05-2006 and attempted to plough it and therefore, the plaintiff was required to file the civil suit praying for the decree for specific performance of the contract, for perpetual injunction and other ancillary reliefs. 4. the defendant filed the written statement opposing the claim of the plaintiff. the defendant pleaded that the plaintiff indulged in money lending ..... . the petition is filed by the original plaintiff challenging the judgment and decree passed by the subordinate court dismissing the claim of the original plaintiff for specific performance of the contract and allowing the counter-claim filed by the original defendant and granting decree in favour of the defendant for possession of the suit field. 3. the plaintiff filed the civil .....

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Jan 12 2015 (HC)

Devidas Sitaram Gole and Others Vs. Purushottam Balkisanji Mantri and ...

Court : Mumbai Nagpur

Decided on : Jan-12-2015

..... . transfer of ownership of land to tenants from specified date --- (1) notwithstanding anything in this chapter or any law for the time being in force or any custom, usage, decree, contract or grant to the contrary, with effect on and from the first day of april, 1961, the ownership of all lands held by tenants which they are entitled to purchase ..... -a. ownership of certain lands to stand transferred to tenants on 1st day of april, 1963 - (1) notwithstanding anything contained in section 41 or 46, or any custom, usage, decree, contract or grant to the contrary but subject to the provisions of this section, on and from the 1st day of april, 1963 the ownership of all land held by a .....

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Jan 13 2015 (HC)

Dada Vs. Tarabai

Court : Mumbai Nagpur

Decided on : Jan-13-2015

..... instant matter. in the case of vijay kumar, the complaint related to commercial transaction of breach was complained for which civil remedy was additionally available and the breach of the contract, in the facts and circumstances peculiar to that case, itself served as a separate ground for constituting an offence, whereas, in the instant matter, the foundation of the civil suit .....

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Apr 23 2015 (HC)

M/s. Gandhi Builders and Developers Vs. Shyamlal s/o Ramchandra Yadav ...

Court : Mumbai Nagpur

Decided on : Apr-23-2015

..... -2011, a notice came to be issued to the original defendant calling upon said defendant to take all necessary steps in terms of said agreement so as to complete the contract. thereafter, on 4-5-2012 an amount of rs.2,00,000/- came to be paid to the original defendant and on 5-5-2012, the appellant received possession of .....

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