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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1954 Page 1 of about 12 results (0.040 seconds)

Sep 09 1954 (HC)

Newzealand Insurance Co. Ltd., Jullunder City Vs. Nagpal Hosiery Facto ...

Court : Punjab and Haryana

Decided on : Sep-09-1954

Reported in : AIR1955P& H113

..... millers insurance co. ltd.', 1915 ac 499 (b), is a classic example of this kind of repudiation. in this case a claim was made for indemnity for the loss of goods by fire under a policy the conditions of which provided (1) that if the claim were fraudulent or if the loss ..... as pointed out by lord sumner in- macaura v. northern assurnace co., 1925 ac 619 at p. 631 (a), 'the defendants could not both repudiate the contract 'in toto' and require the performance of a part of it which only became performable when liability was admitted or esta-' blished'.the case -- 'jureidini v ..... , or by omitting to demand arbitration within a reasonable time, or by obstructing or delaying the arbitration proceedings, or by repudiating liability under the principal contract.5. now an insurance company may repudiate its liability under a policy in two different ways. it may, for example, deny all liability under the ..... arbitrator appointed in accordance with the terms of the contract. it is equally clear that when the parties agree to submit their disputes to a domestic tribunal of their own choice, and when arbitration ..... been exercised in accordance with recognised judicial principles.4. it is an accepted principle of law that it is open to the parties to a contract to agree in advance that no right of action shall arise thereon until the matters in controversy have been referred to and ascertained by an .....

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Dec 27 1954 (HC)

Ram Gopal Dula Singh Vs. Sardar Gurbux Singh Jiwan Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-27-1954

Reported in : AIR1955P& H215

..... n) and air 1923 pc 189 (m), show that if the right of expectancy is not alienable and cannot form the subject-matter of a contract, such a contract would be unenforceable as was held in air 1921 cal 501 (2) (j) where it was said at p. 509:'there is thus no ..... on the property.36. 'mt. bhagwati v. mt. chaolli', air 1920lah 74 (z7) was then referred to where it was also held that a contract of sale of reversionary rights can be enforced when the estate falls into possession. the learned judges relied upon section 43, transfer of property act although ..... , either under the transfer of property act or under the hindu law applying to purchases of expectations of inheritances, there is any ground upon which these contracts can besupported, and their lordships answered this question in the following words at the same page-'dr. abdul majid has developed these points, and his points ..... good title, the court would make that good title available to make the assignment effectual, and observed-'but this principle plainly has no application where the contract of assignment refers to property which has been expressly rendered inalienable by the legislature.'18. in this very case air 1921 cal 501 (2) (j), ..... us that the transfer of property act is not applicable to the punjab and even though a right of expectancy may not he transferable the contract becomes enforceable in equity on the estate vesting in the transferor of the rights of expectancy if the transfer is for consideration. several cases were .....

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Oct 04 1954 (HC)

Ram Piara Vs. Municipal Committee, Hoshiarpur

Court : Punjab and Haryana

Decided on : Oct-04-1954

Reported in : AIR1955P& H125

..... the state government any officer or servant of the committee is unfit for his employment the committee shall dismiss him.section 65 declares that in the absence of a written contract to the contrary every officer or servant shall be entitled to one month's notice before discharge or to one month's wages in lieu thereof, unless he is discharged ..... the other to serve. the agreement whether express or implied usually contains stipulations both in regard to the period of employment and the remuneration to be paid therefor. if the contract is for a fixed period it is not open to the master to discharge the servant before the end of the stipulated period unless he is able to satisfy the ..... court that the servant has violated the provisions of the contract or has failed to discharge the duties which were required of him is guilty of misconduct or that there is some other good reason for his dismissal. if, however, the ..... contract is not for a particular period and if there is no contractual or statutory restriction on the power of the master to terminate the services of the employee, the master .....

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Jul 20 1954 (HC)

S. Raghbir Singh S/O Milkha Singh Jat Vs. Union of India (Uoi) and ors ...

Court : Punjab and Haryana

Decided on : Jul-20-1954

Reported in : AIR1954P& H261

..... , 1951,section 9 of which is in the following terms: '9. certain reliefs in respect of mortgaged property of evacuees- (1) notwithstanding anything to the contrary in any law or contract or any decree or order of a civil court or other authority, where the claim is made by a mortgagee, no mortgaged property of an evacuee shall subject to the ..... that it is within the power of a legislature to enact a usury law to reduce the rate of interest payable under a contract or to impose a more stringent or a less stringent penalty on a usurious contract.section 9 of the act of 1951 has done no more than declare (a) that no mortgaged property of an evacuee shall be .....

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Dec 06 1954 (HC)

Union of India (Uoi) Vs. Allied Trading Co.

Court : Punjab and Haryana

Decided on : Dec-06-1954

Reported in : AIR1956P& H7

..... the consignment, and that therefore the controller of supply (accounts) was fully justified in stopping payment due on any bills of the contractor in other contracts pending at that time with the department, and it was on the basis of this finding that the umpire came to the further conclusion that ..... . all that is provided in the arbitration agreement which is contained in clause 21 of the general conditions of department of supply (purchase branch) contracts is:'..or in case of the said arbitration arbitrators not agreeing then to the award of an umpire to be appointed by the arbitrators in writing ..... haa arisen. he claimed from the government a sum of rs. 1,11,775/- on account of damages arising from the breaches of his various contracts by the government.this claim, was also referred to arbitration, mr. prithvi raj thapar advocate being appointed by the contractor and bakshi shiv charan singh ..... the government was not entitled to recover anything from the contractor as the goods had been unconditionally accepted in accordance with the terms of the contract and the allegations of fraud and collusion were extremely vague and not supported by any evidence worth the name. he also held that the government ..... then stopped the payment of rs. 3,397/- which was due to the contractor on account of a number of bills connected with other supply contracts and he was informed that the department intended to withhold payment.the government then stopped the payment of rs. 3,397/- which was due to .....

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Oct 04 1954 (HC)

Parkash Textile Mills Ltd. Vs. Mani Lal and ors.

Court : Punjab and Haryana

Decided on : Oct-04-1954

Reported in : AIR1955P& H197

..... decide how far any provision of the adjustment act would modify the provisions of any other law or how far a decree or order of any other court' or a contract is in conflict with anything falling within this act.91. in my view therefore in the present case the jurisdiction of civil courts is not taken away and the answer ..... lal who claimed to he a creditor of 'the respondents in this case on account of arrears of rent. it is not shown that it is supported by a written contract; his application does not show this.the appellants' attacked these proceedings as being 'mala fide' and the question will arise for the determination by a civil court whether there is ..... shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any decree or order of a court, or in any contract between the parties.'19. but this will have to be read subject to the plenary powers of the state legislature as given in list ii (state list) and the fundamental ..... a peculiar kind and has extraordinary powers.and this tribunal can do what no court can do, namely, it can add to or alter the terms or conditions of a contract and vary the effect of decrees : air 1949 fc 111 (d). section 28 of the adjustment act itself recognises the distinction between a civil court acting as a tribunal and .....

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Jun 07 1954 (HC)

Dalmia Dadri Cement Co., Ltd. Vs. Commissioner of Income-tax, SimlA.

Court : Punjab and Haryana

Decided on : Jun-07-1954

Reported in : [1954]26ITR375(P& H)

..... land, to which the title had already been perfected before the conquest or accession, are altogether different from the obligations which arose in respect of personal rights by contract; personal contracts or obligations of a contractual character do not pass on to the successor state. it was, therefore, held that the petition disclosed a right on the part of ..... , be the successor of the government of the corresponding indian state as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1)'.evidently the contention is devoid of any force. the constitutional provision can have no application to the present case ..... of professor edwin d. dickinson, 'the succeeding sovereigns obligation to respect private rights has been repeatedly affirmed and finds much support in traditional practice. treaties, the public debt, contracts and concessions and other state obligations present greater difficulties. there is discord rather than harmony of view.' professor charles chancy hyde in his well-known book on international law ..... certain rights, that does not give a title to these inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties'.an argument was then advanced that by virtue of certain declarations subsequently made by the new government, the naiks became entitled to enforce the treaty. before examining .....

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Jun 01 1954 (HC)

S. Kuldip Singh Vs. the Punjab State and anr.

Court : Punjab and Haryana

Decided on : Jun-01-1954

Reported in : AIR1954P& H247

..... the property belonging to him vests in the court of wards and he is not competent to transfer or create any charge on such property or to enter into any contract which may involve him in pecuniary liability. but theserestrictions cannot be regarded as penal. they are inherent in the relationship of guardian and ward. it is a matter of common .....

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Nov 29 1954 (HC)

Punjab State Vs. Bhagat Singh S/O Wattan Singh

Court : Punjab and Haryana

Decided on : Nov-29-1954

Reported in : AIR1955P& H119

..... (2) are interpreted to mean a person who holds office during his majesty's pleasure. the others who come under section 243 must be deemed to be governed ' by their contract or by their rules of service.' the same was held in -- 'mewa ram charan v. united provinces', air 1954 all 487 (e), and in-- 'jagannath prasad v. state of u .....

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Sep 16 1954 (HC)

L. AmIn Chand Vs. Firm Madho Ram Banwari Lal and ors.

Court : Punjab and Haryana

Decided on : Sep-16-1954

Reported in : AIR1954P& H301

..... the promissory note in suit did embody all the terms of the contract.9. there are undoubtedly some cases which appeal to support the case of the present plaintiff. for instance, the same learned judge r. o. mitter, ..... can proceed where all the terms of the contract have not been embodied in the promissory note. there was, however, some disagreement among them on the facts of that particular case as to whether ..... d), all five of the learned judgescollister, bajpai, hamilton, dar and mathur jj. were agreed that when a promissory note embodies all the terms of the contract between the parties but is not admissible in evidence for want of proper stamping, the suit cannot proceed on the basis of the loan, but the suit ..... was of the opinion that he could see no difference in principle between a case where the promissory note embodied the whole of the terms of the contract between the parties and a case where it was executed by way or collateral security or conditional payment.8. the earliest case appears to be -- ..... , leach c. j., madhavan nair, varadachariar and lakshamana rao jj., is summarised as follows :'if the promissory note embodies all the terms-of the contract and the instrument is improperly stamped, no suit on the debt will lie. section 91 of the evidence act and section 35 of the stamp act bar .....

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