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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 8 of about 1,401 results (0.067 seconds)

Sep 26 1985 (HC)

Prestolite of India Limited Vs. Union of Bank of India and ors.

Court : Punjab and Haryana

Reported in : AIR1986P&H64; 1995SCC(L&S)202

..... dismissed the plaintiffs suit with costs., the plaintiff filed an appeal in the supreme court. their lordships,. after consideration of the various rulings and interpreting the relevant provisions of the contract act remarked:'the pawnee therefore, can sue on the debt retaining the pledged goods as collateral security. if the debt is paid he has to return the goods with or ..... obtain a decree unless he was ready and willing to redeliver the goods pledged with him. the trial court rejected the defendants plea and held that there was no completed contract of pledge as he ha failed to deliver the goods sought to be pledged. on appeal by the defendant, the high court disagreed with the finding and set it aside .....

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Jan 29 1965 (HC)

Niader Mal Vs. Ugar SaIn JaIn and anr.

Court : Punjab and Haryana

Reported in : AIR1966P& H509

..... before the courts below. assuming that the decree passed by the senior subordinate judge and based on the compromise could be set aside on the same grounds on which a contract can be set aside, still the petitioner was expected to plead such facts as entitled him to disregard the compromise decree and to ask for the same being set aside ..... properly but the permission was refused. mr. kapur referring to prem parkash v. mohan lal, air 1943 lah 268 submits that a decree based on a compromise is like a contract and can be set aside on that ground. short answer to mr. kapur's submission is that the petitioner neither raised this question in the plaint nor does it appear .....

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Sep 24 1959 (HC)

Kartar Singh Wazir Singh Vs. Sardara Singh Wazir Singh

Court : Punjab and Haryana

Reported in : AIR1960P& H255

..... been led in the suit as originally framed, regarding the quantum of damages in case the defendant were to be held liable for a breach of the contract. it is not merely a case of claiming an alternative relief which could have been claimed in the suit as originally framed but it is a case ..... his brother by means of false representations, which his brother knew to be false at the time when they were made, and that since this rendered the contract void ab initio he was entitled to the restoration of the status quo, i.e., to the restoration of the possession of the land which he ..... benefit which he was entitled to under the agreement and compromise and denying sardar singh any consideration or compensation. he also refused to accept the plea that the contract had been frustrated, since it had only become incapable of performance after december, 1951. he decided, however, that a last-minute plea made on behalf ..... half share of the land inherited by sardar singh from rattan singh. sardara singh objected on the ground that kartar singh had not performed his part of the contract. however, the land was partitioned and the mutation sanctioned on 15-9-1952. (5) the suit from which this appeal has arisen was instituted by sardara ..... , air 1950 pc 68. the first of these cases related to a suit brought in 1913 for specific performance of an alleged verbal contract made in 1912 for the transfer of certain land for oil wells. the suit was dismissed by the trial court which found that the alleged verbal .....

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Feb 06 1998 (HC)

Rajesh Vs. Anuradha

Court : Punjab and Haryana

Reported in : II(1998)DMC440

..... . sood v. smt. usha sood, (1996-3) 114 plr 486 :'hindu marriage is not yet looked at or recognised in our society and law, as a pure and simple contract like other contracts. this bond is considered more as religious, moral and social bond of mutual duties and obligations giving marriage a religious and meaningful basis keeping in view the rituals performed .....

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Sep 15 1965 (HC)

Eastern Traders (i) Ltd. Vs. Punjab National Bank Ltd. and anr.

Court : Punjab and Haryana

Reported in : AIR1966P& H303

..... the obligation which had been incurred by the second defendant on behalf of the principal9. it is also necessary to discuss the ancillary matter relating to indemnity clause in the letter of credit. it is the case of both the defendants that clause 6 of exhibit d. 14 exonerates the bankers from ..... the shipper or any one else in connection with said merchandise or the shipping or other documents with respect thereto.. ..or for any breach of contract between the shippers of vendors and the undersigned; and the undersigned will hold you harmless from all loss of damage in respect of any such ..... first defendant the second defendant had been appointed a substituted agent of the plaintiff and its liability is governed by section 194 of the indian contract act which says that:'where an agent holding an express or implied authority to name another person to act for the principal in the business ..... . 1947 the decision of the learned trial judge on this issue is correct and is accordingly upheld6. on the next question relating to privity of contract, the plaintiff and the second defendant are at one in saying that the responsibility is that of the first defendant as the principal agent, while, ..... a credit calling for ' coromandel groundnuts ' was upheld as pointed out by lord justice goddard at page 703 the custom or trade practice in such contracts is this:--' there are three peoples concerned where a bankers credit is in question there is the person who requests the bank to establish the credit, .....

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Nov 24 1960 (HC)

Union of India (Uoi), Ministry of Food and Agriculture (Dept. of Food) ...

Court : Punjab and Haryana

Reported in : AIR1961P& H281

..... stands discharged. the plaintiff in that case will be entitled to get back his securities from defendant no. 2, because as provided in the counter indemnity bond exhibit p. 26, the securities furnished by the plaintiff had to remain with defendant no. 2 during the period of continuance of the guarantee ..... be suffered by defendant no. 2 by furnishing this guarantee. consequently, on the 19th july, 1954, messrs. pearl hosiery mills, plaintiff, executed a counter indemnity bond (exhibit p, 26) in favour of defendant no. 2, undertaking to indemnify the bank for any loss or damage which defendant no. 2 might ..... 1 and 3 had made such variations in the terms of the original contract which resulted in the discharge of the surety bond executed by defendant no. 2, that since the surety-bond of defendant no. 2 was discharged, the indemnity bond executed by the plaintiff in favour of defendant no. 2 also ..... stood discharged, that under the law it was not necessary that the variations in the contract should have resulted in prejudice to the surety, and consequently questions whether ..... a 'no demand certificate' by defendant no. 1. it was further stated in the contract that the security deposit in favour of the president of the union of india would be in the form of an indemnity bond or a bank guarantee from a scheduled bank.the punjab national bank, limited, defendant .....

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Mar 18 2013 (HC)

Bajaj Allianz General Insurance Company Limited Sco No.329 First Vs. K ...

Court : Punjab and Haryana

..... would be possible only if there is any particular personal accident cover available for a person, who is a driver of the vehicle. a personal accident cover again is personal contract between the insurer and the insured and it is not a transferable right. if the victim in this case was not himself a named person to whom the benefit of ..... imported that a driver, who borrows the vehicle will step into the shoes must be understood only in the context of right of indemnity from the insurance company. a right of indemnity is a right to obtain a full indemnity to a claim which that person was answerable to. in other words, if the owner was liable for a claim by a third ..... company had at all times, therefore, provided and led policy holders to believe that in a comprehensive policy, a passenger was also entitled to full cover. the contract of insurance is invariably a contract that enforces what is agreed between the parties and where a statutory body made an intervention to allow for claims to be enforceable at the instance of the ..... party, a right of indemnity will provide the insurance company to make good loss which the owner suffers. the right of indemnity is not a right of enforcement of claim arising under a policy of any right of compensation against the insurance company itself .....

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Aug 04 2014 (HC)

Chief Secretary Haryana Vs. M/S B and R. Arora Infra Techno

Court : Punjab and Haryana

..... 2012 passed in pending fao no.5209 of 2012 (o&m).in any case, the learned additional district judge, rewari had protected the petitioner by an indemnity bond. no further protection is required. no other issue is claimed or pressed. in the result, i do not find any substance in the contentions raised ..... from the reading of the order, it appears that the engineer-in-chief, haryana, pwd b&r branch, chandigarh had in the firs.instance accepted and entered contract with m/s.b.r.arora & associates private limited, new delhi. thereafter, the company changed its name to mittal manju 2014.08.05 10:32 i ..... then, the contractor fought the litigation in the name and style of m/s.b&r infra techno private limited with which company the government had contracted with for execution of the works. it transpires that m/s.b&r infra techno private limited changed its name to m/s b.r.arora ..... 66.40 kms.the works contract was executed on march 08, 2000. the work was physically completed on july 27, 2001. the defect liability certificate was issued on april 19, 2002. ..... . whether the judgment should be reported in the digest?. rajiv narain raina, j. the engineer-in-chief, haryana, pwd, b&r, chandigarh entered into contract with m/s.b&r infra techno private limited for maintenance and construction of part of the national highway-8 route rewari-ateli- narnaul running a length of .....

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Aug 05 2008 (HC)

Kundan Rice Mills Limited Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2008)152PLR502

..... was submitted that conditions 2 and 3 with regard to demand of bank guarantee to the extent of the value of goods and demand of indemnity bond equal to seizure value of goods were harsh conditions. the department was only concerned with the duty and even according to their provisional estimate ..... the respondents deciding to provisionally release the goods, we are of the view that goods are liable to be released. condition of execution of indemnity bond equivalent to seizure value of goods or furnishing of bank guarantee equal to 10% of value of goods cannot be justified. there is ..... decided on 22.8.2008, upholding the view that he goods being liable to confiscation under section 111(m) of the act, condition of requiring indemnity bond equal to market value of goods could be justified.18. before going into the rival contentions, we may deal with certain peripheral issues raised ..... execution of bank guarantee to the extent of 10% of the seizure value of the goods lying seized in your godown.3. execution of indemnity bond equivalent to the seizure value as mentioned in panchnama dated 11.7.2008.4. an undertaking in the form of an affidavit that you ..... it has also been stated that managing director of the petitioner admitted in his statement dated 10.7.2008 that the petitioner was never signing any contract with overseas suppliers and he deposited amount of rs. 2 crores towards differential customs duty voluntarily. investigation conducted revealed that valuation declared by the petitioner .....

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Jun 30 2014 (HC)

Present : Mr.Puneet Bali Sr. Advocate with Vs. M/S Bestech India Pvt. ...

Court : Punjab and Haryana

..... fao no.1620 of 2014 and 2 connected cases 31 been put in grave jeopardy when otherwise the court to balance equities could have told the owner to furnish an indemnity in relation to the agreement dated 4th october, 2012, keeping in view what the supreme court has held in k. narendra's case (supra), especially in para 35 ..... judgements relied upon by the respondents bohl, distinguished by bestech:157. re: percept d mark (india) pvt. ltd. v. zaheer khan, air2006sc3426it is urged that this judgment deals with contract of personal, confidential and fiduciary services and the appellants were seeking at the interlocutory stage restraint of trade during the post- contractual period. the appellants were seeking to enforce negative ..... of which involves the performance of continuous duty which the court cannot supervise. . the court would necessarily have to, in this case, involve itself in the exercise of implementing the contract, particularly in relation to payments, release of prints, payment of additional consideration, the manner of calculating receipt and profit sharing, etc. for this reason, both sections 14 (1) ..... . bali for bohl supports his forcefully argued case with exhaustive and detailed written submissions, to urge that the term sheet dated 3rd september, 2012 does not constitute a binding contract between the parties and the collaboration agreement dated 19th october, 2012 stands frustrated. he marshals his submissions thus:- (a) the term sheet was a preliminary document and only .....

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