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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: patna Year: 2010 Page 1 of about 4 results (0.027 seconds)

Apr 13 2010 (HC)

Bihar State Electricity Board Thought Its Secretary, Vs. Shri Naresh M ...

Court : Patna

Decided on : Apr-13-2010

..... cause notice had been issued and the reply considered to arrive at a finding of grave misconduct of having approved an agreement with excessive rates as compared to a similar contract executed with another. strong reliance was placed on a bench decision of this court in 1998 (3) pljr 28 (serajuddin ahmad v. the state of bihar and ors.). rule 43 ..... , issued a certified copy of the agreement and had certified the agreement sent to the field for execution purpose. an error in the agreement resulted in differential rate for the contract as awarded to m/s azad buinders and m/s bhel, resulting in excess payment of eight times to m/s azad builders. the respondent took the defence that the .....

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Oct 07 2010 (HC)

Kantishab. Vs. State of Bihar.

Court : Patna

Decided on : Oct-07-2010

..... never intended to cheat the complainant. it has been alternatively argued by learned senior counsel for the petitioner that hardly it can be said that it was a breach of contract and for such act; the complainant was entitled to approach the court of civil jurisdiction. in the facts and circumstances of the present case, the complainant was not at all .....

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Apr 28 2010 (HC)

Sita Ram Singh Son of Late Shri Ram Dayal Singh Vs. Ram Kishori Devi A ...

Court : Patna

Decided on : Apr-28-2010

..... and it is relevant to quote paragraphs 4, 5, 6 and 7 which are as follows:4. under section 16 (1) of the indian contract act a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to ..... after going through the pleadings, we find sufficient pleadings in the plaint to make out a case containing the necessary ingredients of section 16 of the contract act. the pleadings also make out a case of fiduciary relationship and that defendant was in a position to dominate the will of the donor as well ..... has the donee used that position to obtain an unfair delay.and further if the transaction appears to be unconscionable then the burden of proving that the contract/deed was not induced by undue influence shifts to the donee.21. having established the position of law on the subject, the next point arises about ..... in a position to dominate the will of the other. once that position is substantiated the second stage has been reached' namely, the issue whether the contract has been induced by undue influence. upon the determination of this issue a third point emerges, which is that of the onus probandi. if the transaction ..... affected by reason of age, illness, or mental or bodily distress.6. sub-section (3) of the section throws the burden of proving that a contract was not induced by undue influence on the person benefiting by it when two factors are found against him, namely, that he is in a position to .....

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Jul 21 2010 (HC)

Brij Nandan Prasad. Vs. Uchit Singh.

Court : Patna

Decided on : Jul-21-2010

..... in the year 1993.3. the relevant and admitted short facts of this case is that respondent had filed the suit bearing no. 589 of 1990 for specific performance of contract against the appellant who did not contest the suit. it was decreed ex-parte and the execution proceeding was initiated. as per appellant he got information of the suit and .....

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