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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 7 of about 1,401 results (0.087 seconds)

Nov 22 1957 (HC)

S. Ripudaman Vs. Surinder Kumar Etc.

Court : Punjab and Haryana

Reported in : AIR1959P& H92

..... parries manifest their intention that it should be created. i am clearly of the opinion that the two documents which formed the basis of the contract did not bring into existence a fiduciary relationship between the plaintiff and the defendant, and it seems to me therefore that neither the defendant ..... money, a debt is created (scott on trusts, section 122).10. now, what was the intention of the parties when they entered into the contract over which the present controversy has arisen?. the learned counsel for the plaintiff contends that the relationship between the defendant and the plaintiff was of ..... a trust there must be distinct fund which the trustee is required to preserve intact and for which he must eventually account. to constitute a contract there is no such fund and the person receiving money has unrestricted use thereof being liable to pay similar amount, whether with or without interest ..... or may not be fiduciary in character. the beneficiary of a trust has the beneficial interest in the trust property, the beneficiary of a contract has only a personal claim against the promisor.there is a fiduciary relationship between the trustee and the beneficiary but not between the promisor and ..... construction of a civil hospital at quetta. on the 4th december 1940 the defendant sublet the sanitary, drainge and water supply part of the said contract to the plaintiff, the principal conditions of subletting being that the plaintiff, would allow the defendant 6 1/2 per cent on the net .....

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Apr 22 1960 (HC)

Firm Hira Lal Girdhari Lal and anr. Vs. Baij Nath Hardial Khatri

Court : Punjab and Haryana

Reported in : AIR1960P& H450

..... was agreed expressly or impliedly to be paid within its territorial jurisdiction. to find this fact the court is entitled to take into consideration the contract, its attending circumstances, the creditor's ordinary place of residence or business and the course of dealings between the parties including all the other ..... point, for example necessities of the case, convenience of the plaintiff, the place of business or residence of the creditor, the nature of the contract and its other terms, the circumstances in which it was entered into and the course of dealings between the parties.i may say that this ..... embodies a rule of evidence based on common course of natural events and on human conduct in commercial transactions. there is nothing in the indian contract act or in any other statute to exclude its application or consideration in this country.courts are, however, not bound to draw a presumption in ..... at creditor's place of residence or business or raises an irrebuttable presumption to that effect. in england when courts consider as to where the contract ought to be performed, they invariably consider this rule and also other evidence and attending circumstances and then decide the matter. it is not ..... business branch in rangoon and the suit was for payment of money due from soniram jeetmull on account of certain transactions between the parties. the contract itself was made at calcutta, and the question was whether the suit to recover the money due could be brought at rangoon. the high .....

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Jul 21 1998 (HC)

Food Corporation of India, Class Iv Employees' Union (Regd.), Sangrur ...

Court : Punjab and Haryana

Reported in : (1999)121PLR35

..... conformity with the provisions of section 10. furthermore, on a perusal of section 10, it appears that while the appropriate government has been empowered to prohibit the employment of contract labour by notification in the official gazette, the expression used is that 'the government may after consultation with the central advisory board ....'. the appropriate government is not bound ..... to prohibit the employment of contract labour. the provision is an enabling one. however, in clause (2), there is a positive mandate. before issuing the notification, it is incumbent on the government to ..... the counsel for the appellant and relied on the decision taken by the central government to accept the recommendations made by the committee constituted to study the working of contract labour system in sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the central government had become the appropriate government ..... that in view of latest pronouncement of the supreme court, the judgment under appeal should be set aside and the respondent-corporation be restrained from engaging watchmen as contract labour. learned counsel argued that the reasons given by the learned single judge for declaring that the notification dated december 9, 1976 is not applicable to the establishments .....

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Jul 04 1951 (HC)

Parmeshwari Das Mehra and Sons Vs. Firm Ram Chand Om Prakash and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H34

..... the uncontemplated turn of events, but will do therein what is just and reasonable.'16. in these two decisions is contained the essence of the principle governing frustration of contracts. it is clear that if there is an entirely unanticipated change of circumstances the question will have to be considered whether this change of circumstances has affected the performance of ..... had, in fact, occurred in the circumstances. in 'british movietonews, ltd. v. london district cinemas, ltd.', (1950-2 all er 390), denning, l. j., observed :'no matter that a contract is framed in words which, taken literally or absolutely, cover what has happened, nevertheless, if the ensuing turn of events was so completely outside the contemplation of the parties that ..... me that the difficulty, danger and expense of travel to karachf at the material time in the year 1948 did nothing to prevent the proceedings in arbitration taking place as contracted between the parties, and are no grounds in themselves for absolving the respondents from their admitted agreement to arbitrate.7. the question, however, whether the partition of india which ..... seven matters.2. these seven matters arose in this way. the present applicants, a firm messrs. parmesh-war das mehra and sons of amritsar, had entered into separate individual contracts with the present seven respondents, who are firms or individuals of amritsar trading in piece goods, by which messrs. parmeshwar das mehra and sons were to supply certain classes and .....

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Jan 06 1994 (HC)

Bhagwan Singh Vs. Teja Singh Alias Teja Ram

Court : Punjab and Haryana

Reported in : AIR1995P& H64

..... 6th february, 1963, under the registered sale deed (ex. 96) that the plaintiff could be posted with the knowledge that the defendants were refusing performance of the contract. the suit was filed on 22nd may, 1964, that is, well within three years from 6th february, 1963, and would be within limitation.' in my ..... , it was observed as under (at p. 346) :--'the starting point of limitation, as already noted, was the date fixed for performance of the contract or, if no such date is fixed, the date on which the plaintiff has notice that performance is refused. in the absence of any indication when ..... but was barred by limitation. issue no. 5 was also answered against the defendant and in favour of the plaintiff by holding that specific performance of contract shall not cause acute hardship to the defendant. under issue no. 6, it was held that the plaintiff had deposited a sum of rs. 5015/- ..... and the sale was to be completed by august 15, 1976 at all costs. in the circumstances, it was pleaded that the time was essence of contract. defendant also pleaded that specific performance of the agreement would cause hardship to him.4. on the pleadings of the parties the following issues were framed: ..... the courts below dismissing the suit by recording a concurrent finding.2. the sole controversy in this appeal is whether time was the essence of the contract and the suit is barred by time. in order to understand the controversy, it will be apposite to notice some fads. teja singh, defendant purchased .....

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May 23 1957 (HC)

Pt. Ram Parkash Vs. Smt. Savitri Devi

Court : Punjab and Haryana

Reported in : AIR1958P& H87

..... vested right or to create a new liability in connection with a past transaction.this interpretation may possibly work an injury to a wife whose husband contracted the second marriage before the commencement of the act of 1946, but a judge should not allow himself to be swayed by his own personal ..... learned judge observed as follows:'it is unreasonable to construe section 2 (1) of the act as meaning that the loathsome disease therein described should have been contracted by the husband after the act and if the disease had originated before the act, the wife is not entitled to separate maintenance. 'cruelty' and ' ..... advanced in support of the proposition that the act of 1946 applies retrospectively and enables a wife to claim maintenance from her husband even when the husband contracted a second marriage before the commencement of the act. the first reason is that the expression 'if he marries again' in section 2 (4) ..... is in derogation of a common law right, or where the effect of giving it a retrospective operation would be to interfere with an existing contract, destroy a vested right or create a new liability in connection with a past transaction or invalidate a defence which was good when the statute ..... their nature and ought to be construed liberally in favour of the equality of the legal personality of husband and wife, in respect of property, contracts, torts and civil rights where this is the clear purpose of the statute. but the court has no right to depart from the language of .....

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Oct 01 1953 (HC)

Mohindra Supply Co., Kashmere Gate, Delhi Vs. Governor General in Coun ...

Court : Punjab and Haryana

Reported in : AIR1954P& H211

..... then raised was not as to the existence or validity of the arbitration agreement but a decision was sought that as the rejection by the inspector was final under the contract, this rejection could not be challenged in arbitration proceedings. the point, therefore, was the scope of the arbitration agreement and not its existence or its validity.there is authority ..... form of packing. further under the heading 'particulars governing supply' there is no mention whatever of packing, and 'packing and marking' appear together under the second clause of the contract which is headed 'delivery schedule and despatch instructions'. this last fact makes the present case clearly distinguishable from a case disposed of by my learned brother -- 'governor general of ..... 10. sub-clause (v) may be mentioned. it deals with the consequences of rejection and provides 'inter alia' that following rejection the secretary, department of supply, may terminate the contract and recover any loss sustained thereby from the contractor, and it is paragraph (d) of this sub-clause which provides that the inspector's decision as regards rejection shall be ..... to certify performance-- (a) the inspector shall have power before any stores or parts thereof are submitted for inspection to certify that they cannot be in accordance with the contract owing to the method of manufacture not being satisfactory, or(b) to reject any stores submitted as not being in accordance with the particulars.(iv) inspection and rejection.--the .....

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Apr 24 1961 (HC)

Messrs Sehgal Brothers and ors. Vs. Bharat Bank Ltd.

Court : Punjab and Haryana

Reported in : AIR1961P& H439

..... possible to say whether one or the other decree still remains unsatisfied.actually, however, no such difficulty arises for sections 59 to 61 of the contract act provide for a contingency and when there is no indication as to appropriation and the creditor does not specifically appropriate the payments to a particular ..... the court will not have occasion to enforce the agreement in execution proceedings, but will leave the creditor to bring a separate suit upon the contract. if, on the other hand, the agreement is intended to govern the liability of the debtor under the decree and to have effect upon the ..... it concerned only the mode of executing the two decrees and that it was never intended that the decrees should be wiped out and a new contract should take their place. he held, therefore, that the decrees could be executed and executed in terms of the compromise and that al-though the ..... of the judgment-debtors and the main plea was that under the compromise, the two decrees had been satisfied and adjusted, and a new contract between the parties had come into existence and that the decree-holder was not entitled to execute the decrees in terms of the compromise but ..... takes sufficient account of the facts that the code contains no general restriction of the parties' liberty of contract with reference to their rights and obligations under the decree, and that, if they do contract upon terms which have reference to and affect the execution, discharge or satisfaction of the decree, the .....

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Dec 18 1956 (HC)

The Dominion of India, New Delhi Vs. Ram Rakha Mall and Sons

Court : Punjab and Haryana

Reported in : AIR1957P& H141

..... act or with then own consent.....which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not he enforced.....the person who otherwise might have enforced those rights will not be allowed to enforce them where it would be inequitable ..... whether the government was within its rights to forfeit the security on the ground that the plaintiff-firm did not perform its part of the contract. as i have already said, it is clear from the correspondence that throughout this period the plaintiffs were acting under the belief that wagons ..... to do so.thus the plaintiff-firm throughout the period remained under the impression that the wagons will become available to the firm for this contract at any time. relying on this expectation the plaintiff-firm purchased the required goods at different places and transported them to the various railway ..... the military authorities.3. in this appeal the government's case is that under the written agreement the plaintiff-firm was bound to supply the entire contract quantity irrespective of the fact whether the promised assistance to supply wagons succeeded or failed. the government relies on clause 5 (f) of the ..... spite of repeated reminders and the firm was not supplied any wagon during this month.the contractors asked for extension of time for performance of contract by letter dated 21st august 1944, and also requested for wagons as the bhusa in question was lying at various railway stations and was .....

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Apr 04 1977 (HC)

Smt. Jaswant Kaur Vs. Harpal Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1977P& H341

..... 1) of the act. section 14(2) would not be applicable to such case. on the other hand, if a hindu female expressly enters into a contract restricting the interest already possessed by her, the interest so restricted of her own volition or agreement would not get enlarged as & result of section 14(1). ..... section 14(2) as was pointed out in rangaawami naicker v. chinnammal, air 1964 mad 387, was not to interfere with contracts' grants or decree etc. by virtue of wtiich woman's right was restricted though the disability on woman imposed by law was removed by section 14(1). ..... a man. so too a propositus may bequeath a restricted estate in property to a woman. nor is there any bar to a woman entering into a contract with someone for good consideration restricting her estate in property possessed by her. in sampuran singh v. labh singh, i had said, 'the clear object of ..... 17) that section 14 of the hindu succession act is not intended to interfere with the freedom to give, the freedom to bequeath and the freedom to contract. a donor is not barred by section 14 from giving a restricted estate in property to a woman. it is not pretended that he may not ..... the property was mutated in favour of his widow. subsequently the collaterals of her deceased husband filed a suit for possession on the ground that she had contracted karewa marriage and had forfeited her rights in the property. she resisted the suit and denied the allegation of karewa. during the pendency of the suit, .....

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