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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1952 Page 1 of about 18 results (0.077 seconds)

Aug 27 1952 (HC)

AmIn Chand Bhola Nath Vs. the Jullundur Electric Supply Co. Ltd.

Court : Punjab and Haryana

Decided on : Aug-27-1952

Reported in : AIR1953P& H166

..... deducted, the burden of proof being on the defendant.'15. now, what exactly was the company's expenditure reasonably made for the performance of the contract or in necessary preparation therefor? according to mr. mohan lal, electrical engineer, to whose statement, a re- ference has already been made, and ..... not recoverable unless they can fairly be regarded as part of the cost of performance in estimating profit and loss.(c) instalments of the contract price already received and the value of materials on hand that would have been consumed in completion must be deducted.(d) if full performance would ..... for the court to intervene or to reassess ''reasonable compensation' although technically it has power to do so under the relevant provisions of the contract act.it has been held in certain cases which have arisen in the united states of america that where the consumer did not take delivery ..... , unless there is something to show that the amount is exorbitant or unconscionable, the court would award that amount as damages for breach of contract.13. section 22 of the electricity act appears to have provided an adequate machinery for determining with precision the minimum annual sum which will give ..... to pay the licensee the required minimum charge (section 22); (b) where the person demanding the supply has not tendered to the licensee the required contract together with the security asked for and also has not paid the service charges (clause vi (1) first proviso); and (c) where the .....

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Jul 17 1952 (HC)

Chaman Lal Loona and Co. Vs. Dominion of India, New Delhi

Court : Punjab and Haryana

Decided on : Jul-17-1952

Reported in : AIR1954P& H129

..... 8 for it speaks: 'all liabilities in respect of such loans, guarantees and other financial obligations.' the respondents' claim arose out of an actionable wrong other than the breach of contract and it clearly fell under clause 10. this appeal must, therefore, be allowed and allowing it i would dismiss the respondents' application for execution, i would however make no order ..... purposes of the dominion of pakistan. distinction was sought to be drawn between military stores and other stores as only military stores remained joint after 15-6-1947. stores and contracts relating to other department would not be covered by the joint defence council order, 1947.4. in the discussion which follows it will be assumed that fodder constitutes military stores ..... not be held liable under the contract. as a corollary to this, it was contended that the courts at ferozepore had no jurisdiction to entertain the matter. the trial judge held that his court had jurisdiction to ..... the firm chaman lal loona and company in the court of a subordinate judge, ferozepore. the dominion of india who was the respondent impleaded took up the objection that the contract was exclusively for the purposes of pakistan within the meaning of clause 8, indian independence (rights, property and liabilities) order 1947, and that, therefore, the dominion of india could .....

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Sep 18 1952 (HC)

Puran Mal Ganga Ram, Firm Vs. the Central Bank of India Ltd.

Court : Punjab and Haryana

Decided on : Sep-18-1952

Reported in : AIR1953P& H235

..... , it is plain that the plaintiff-firm was a partnership within section 4 of the act.18. section 5 of the act provides that the relation of partnership arises from contract and not from status, and, in particular the members of a hindu undivided family carrying on a family business as such are not partners in such business. letter, ex. d ..... court of first instance that the plaintiff-firm was a partnership firm.23. section 69(2) of the act provides that no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been .....

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Dec 30 1952 (HC)

Commissioner of Income-tax, Delhi Vs. Delhi Flour Mills Co. Ltd.

Court : Punjab and Haryana

Decided on : Dec-30-1952

Reported in : [1953]23ITR167(P& H)

..... ., however, thought that in a profit sharing agreement, under which an employer is paying an employee a commission based on the profits of the business, in the absence of a contract to the contrary, it is reasonable to suppose that the parties did not intend to base commission on excess profits which the employer is not entitled to retain. in james .....

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Jul 22 1952 (HC)

Bhim Singh and ors. Vs. Chandgi and ors.

Court : Punjab and Haryana

Decided on : Jul-22-1952

Reported in : AIR1953P& H135

..... that question in the letters patent appeal, but even if he could that act hat-no application to the facts of this case because that act applies to construction of contracts and even in the act (section. 3) it is definitely stated :'unless an intention to convey such share is admitted by the alienor before such court or authority or can ..... be inferred from his conduct or if the contract bo in writing is apparent on the face of it.' the last two clauses of this section would certainly cover this case. besides a gift can hardly be called a ..... contract. even in section 25, con-tract act, in explanation 1 it is provided : 'nothing in this section shall affect the validity, as between the donor and donee, of any gift .....

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Mar 20 1952 (HC)

Discount Bank of India Ltd., Delhi Vs. Triloki Nath and ors.

Court : Punjab and Haryana

Decided on : Mar-20-1952

Reported in : AIR1953P& H145; [1953]23CompCas235(P& H)

..... these sections insolvency courts have jurisdiction to try questions of title or of priority or of any nature whatsoever even against strangers including those questions which arise out of a contract with strangers which has been entered into before the insolvency supervenes. these sections do not, therefore, restrict the jurisdiction of the insolvency court to trying only matters which arise by ..... was published in the gazette extraordinary.6. the question to be determined in this case is whether a suit, which has been brought by a banking company to enforce a contract, or as in this case, for recovery of money, is a matter which can be said to arise out of or relate to the winding up of a company.7 .....

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Dec 30 1952 (HC)

Commissioner of Income-tax, Delhi Vs. Delhi Flour Mills Co. Ltd., Delh ...

Court : Punjab and Haryana

Decided on : Dec-30-1952

Reported in : AIR1953P& H180; [1953]23CompCas47(P& H)

..... ., however, thought that in a profit sharing agreement, under which an employer is paying an employee a commission based on the profits of the business, in the absence of a contract to the contrary, it is reasonable to suppose that the parties did not intend to base commission on excess profits which the employer is riot entitled to retain. in -- 'james .....

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Jun 10 1952 (HC)

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jun-10-1952

Reported in : AIR1952P& H309

..... of acquiring, holding and selling property, must be embraced the right to make all proper contracts in relation thereto.'in 'meyer v. state of nebraska', (1923) 262 u. s. 390 the supreme court expressed the view that the expression 'liberty' denotes the right of the individual ..... ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purposes to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned. in the privilege of pursuing an ordinary calling or trade, or ..... on the police power of the state. when, therefore, a state enacts a measure or promulgates a statutory rule imposing any limitation upon the right of private property or free contract, an aggrieved person can immediately raise the question of due process of law. the courts examine the constitutionality of statutes in the light of their own political, social or economic ..... ., observed as follows:'included in the right of personal liberty and the right of property--partaking of the nature of each --is a right to make contracts for the acquisition of property. chief amongst such contracts is that of personal employment, by which labour and other services are exchanged for money or other forms of property. if this right be struck down .....

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Jun 19 1952 (HC)

Union of India (Uoi) Vs. Firm Kiroo Mal Nawal Kishore and anr.

Court : Punjab and Haryana

Decided on : Jun-19-1952

Reported in : AIR1952P& H423

..... by the army authorities who were insisting that the con-tractors should pay the amount which they considered to be loss caused to them through the non-performance of the contract.3. on the 6th of january, 1948, the area commander again wrote to the contractors ask-ing them to pay by the 20th of january 1948, otherwise action would be ..... . an objection was raised on behalf of the firm of contractors that the application was barred by time, that the firm was not party to the contract, and that arbitration agreement did not apply to the contract, and that arbitration agreement did not apply to the facts of the case. the main controversy seems to have been confined to the question of .....

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Dec 30 1952 (HC)

Union of India (Uoi) Vs. New India Constructors, Delhi and ors.

Court : Punjab and Haryana

Decided on : Dec-30-1952

Reported in : AIR1955P& H172

..... materials used on the work or so to any other question, claim, right, matter or thing whatsoever in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or these conditions, or otherwise concerning the work, or the execution or failure to execute the same, whether ..... any of the matters in dispute of difference. the award of the arbitrator so appointed shall be final, conclusive and binding on all parties to this contract.'differences having arisen between the parties, messrs, new india constructors sent a notice to the chief engineer on 3-12-1951 to enter upon and proceed ..... -but as a person appointing somebody else to act as an arbitrator.in the alternative of the chief engineer failing to act as arbitrator the contract could easily have provided that it would be the secretary to the department or the minister or some other agreed individual who was to make the ..... was that of an arbitrator. his second capacity wss not that of an arbitrator but was that of a ministerial or executive officer who under the contract had nothing to do but to make an appointment and the appointee was to perform the functions of an arbitrator. mr. daphtary's argument amounted ..... , and we feel what in the present case it is more in the fitness of things that an officer of the public works department who knows contracts of this type and understands the points in dispute should act as the arbitrator and not an outsider.i am of the view that mr. c .....

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