Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1955 Page 1 of about 9 results (0.092 seconds)

May 12 1955 (HC)

Deva Sharma Vs. Laxmi NaraIn Gaddodia and ors.

Court : Punjab and Haryana

Decided on : May-12-1955

Reported in : AIR1956P& H49

..... one was not contemplated by section 54, since as far as i can see the question of the reasonableness of local limits fixed in a particular contract can only arise when there is a question of competition between two businesses or professional men, and the reasonableness can only be determined by having ..... on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27, indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.' there can be no doubt that the disputed clause is one in ..... agreement was enforceable while kapur j., was of the opinion that it was not. 22. the statute law on the point is contained in section 27, contract act and section 54, partnership act. section 27 reads: 'every agreement by which any one is restrain-ed from exercising a lawful profession, trade or. ..... alternative but to give you notice under the terms of the said contract that we desire to terminate this agreement as on 31-12-1945. in this connection we would refer you to clause 14 of the said agreement ..... under the date 1-3-1938. we consider that the terms of the letters received by our kanpur cotton mills go behind the terms of the contract and it is, therefore, a suggestion not acceptable to this corporation or to its kanpur cotton mills branch. in the circumstances, we have therefore no .....

Tag this Judgment!

Nov 24 1955 (HC)

Delhi Cloth and General Mills Co. Ltd. Vs. K.L. Kapur

Court : Punjab and Haryana

Decided on : Nov-24-1955

Reported in : AIR1958P& H93

..... the basis of the decree in the plaintiff's favour disappears with the finding that the lower court wrongly imported an implied term into the contract between the parties and it is therefore not strictly necessary for the decision of this appeal that the potential efficacy of the plaintiff's suggestions ..... however fantastic and impracticable it appeared to be, both parties would at once have said that of course that was a necessary condition of the contract.indeed if such a suggestion had been raised the most probable reaction of the company would have been to insist that the general manager, spinning ..... it finds its analogy in another principle that each party implicitly agrees to do all that is necessary for the proper and effectual performance of the contract. in one case, for instance :'the plaintiff agreed with a mining company to remove certain waste rock within two years, provided that it did ..... were bound to implement the plaintiff's scheme.12. on these pleadings the court framed the following issues :1. what were the terms of the contract between the plaintiff and the defendant? 2. whether the suit is not maintainable for the reasons given in para 1 of the preliminary objection to ..... , and no increased profits or production had resulted to the company from his efforts. it was also pleaded that under the terms of the contract between the parties the decisions of the general manager, spinning superintendent and costing officer of the company were final as to the usefulness or effect .....

Tag this Judgment!

Oct 07 1955 (HC)

Kapur Singh narang Villa, Simla Vs. Union of India (Uoi) Through Secre ...

Court : Punjab and Haryana

Decided on : Oct-07-1955

Reported in : AIR1956P& H58

bhandari, c.j.1. the principal point for decision, which has been somewhat obscured by the raising of a number of subsidiary issues, is whether the petitioner was denied the constitutional privilege of being heard before the order of dismissal was passed.2. the petitioner in this case is one sardar kapur singh who until lately was a member of the indian civil service and employed as a deputy commissioner in the punjab in a substantive permanent capacity. he was placed under suspension on 13-4-1949 and a written statement of charges was handed over to him in due course. weston j. the then chief justice of this court was requested to hold an inquiry under the public servants (inquiries) act, 1850, on 18-5-1950 and he submitted his report on 14-5-1951.he found that the petitioner had misappropriated a sum of rs. 16,000/- and that he had knowingly permitted a certain contractor to cheat government to the extent of rs. 30,000/-. a copy of this report was supplied to the petitioner on 11-2-1952 and he was required to show cause why he should not be dismissed from service.the petitioner submitted a long representation to the president of india in which he complained that he had not been afforded a reasonable opportunity of being heard and requested that he should be permitted to call certain witnesses whom he wanted to produce before the commissioner but who were not permitted to be produced. the president declined to reopen the case & after ascertaining the views of the union .....

Tag this Judgment!

Apr 11 1955 (HC)

Federal Bank of India (Punjab) Ltd. Vs. Som Dev Grover and ors.

Court : Punjab and Haryana

Decided on : Apr-11-1955

Reported in : AIR1956P& H21

..... circumstances i do not see sufficient reason for not believing the statement of the former manager ram chand sehgal that durga das kapur had a general contract with the bank guaranteeing all overdrafts, and also that he had written a letter relating to this particular account which was removed from the bank ..... defendant entered into with the plaintiff bank as treasurer cum guarantee-broker.'incidentally the last words of this passage indicate clearly that he had a contract as guarantee broker as well as treasurer, and clearly show that he told a lie on this point in the witness-box. in the ..... the manager and he denied all knowledge of how the documents had disappeared. in cross-examination he denied that he had ever executed any written contract regarding being guarantee broker of the bank and said that he only guaranteed four or five loans.asked about his correspondence with the bank he said ..... the account.the former manager ram chand sehgal deposed to the liability of the guarantee broker and stated that apart from being liable under his contract as treasurer and guarantee broker for debts in all accounts with the amritsar branch, durga das kapur defendant 3 had written a letter in the ..... deeds of a house at amritsar, which constituted an equitable mortgage. defendant 3 was impleaded as surety for the debt as being under a general contract with the amritsar branch of the bank a guarantee broker, and also as having specifically guaranteed the account in suit.it was, however, admitted by .....

Tag this Judgment!

Nov 04 1955 (HC)

Bharat Bank Ltd. Vs. Bodh Raj

Court : Punjab and Haryana

Decided on : Nov-04-1955

Reported in : AIR1956P& H155

..... cases he relied upon were cases of resale of goods for non-payment of the purchase money which were governed, as i have said, by section 107, contract act which has now been replaced by section 54, sale of goods act.that section specifically provides for resale within a reasonable time of the notice and cases ..... bank ltd. v. surendra-nath de, 1932 cal 524 (aib v 19) (f), but all that was held in that case was that section 176, contract act requires a reasonable notice of the sale.9. counsel for the respondent submitted that the sale should take place within a reasonable time of the notice, but the ..... pulchand', 1951 nag 264 (aib v 38) (e), where it was held that a pawnee who has given a reasonable notice of sale under section 176, contract act can sell at any time and is not bound to sell within a reasonable time after the expiry of the period mentioned in the notice.8. counsel also ..... 'abdul hakim muhammad sadik v. joho jaut-zen', 1924 lah 319 (air v 11) (c), were distinguished on the ground that they were cases under section 107, contract act which corresponds to section 54, sale of goods act which relates to the power of sale conferred on a vendor of goods.6. in 'cooverji umersey v. mawji ..... 1947 or within a reasonable time thereafter. the right of a pawnee in case of default of payment by the pawnor is given in section 178, contract act which provides that on a default being made the pawnee may bring a suit for the recovery of his debt and retain the goods as collateral security .....

Tag this Judgment!

Dec 14 1955 (HC)

Brahm Nath Datt Vs. Dhani Ram S/O L. Kirpa Ram

Court : Punjab and Haryana

Decided on : Dec-14-1955

Reported in : AIR1956P& H125

..... the parties have agreed (which is not suggested here) to exclude that defence.were it otherwise a claim for breach of a contract containing a reference clause could be brought at any time, it might be 20 or 30 years after the cause of action had arisen 'although the legislature has prescribed a ..... , to have the arbitration agreement filed in court as there were disputes between the parties within the arbitration clause. the dispute was thus stated in this application--'parties to the contract, petitioner and respondent, are at difference as to the existing partnership business and to its mode and carrying on in future and to the settlement of full and final accounts ..... in terms apply to arbitrations, they think that in mercantile references, of the kind in question it is an implied term of the contract that the arbitrator must decide the dispute according to the existing law of contract, and that every defence which would have been open in a court of law can be equally proponed for the arbitrator's decision unless .....

Tag this Judgment!

Mar 24 1955 (HC)

Firm Jai Kishan Dass Jinda Ram and ors. Vs. Central Bank of India Ltd.

Court : Punjab and Haryana

Decided on : Mar-24-1955

Reported in : AIR1955P& H250

..... the banker acts honestly and without notice of any defect of title. there-is no such allegation. besides, the bank in the present case has acted in accordance with the contract between the parties.6. the case of the appellants appears to be that where money is given to a banker for a specific purpose, it is inconsistent with the no ..... law in mulla on contracts given at page 511 a banker's lien extends to all bills, cheques, and monies entrusted or paid to him, in his character as a banker, (see misa v. currie.' ( ..... a fraud for the customer to draw against it.5. the law in regard to lien of bankers in india is, contained in s. 171, contract act which provides:'171 bankers, ............ may, in the absence of a contract to the contrary retain, as a security for a general balance of account, any goods bailed to them; ........'and according to statement of the .....

Tag this Judgment!

Feb 04 1955 (HC)

Smt. Rattan Devi Vs. Jagadhar Mal and ors.

Court : Punjab and Haryana

Decided on : Feb-04-1955

Reported in : AIR1956P& H46

..... suit against the sons is necessary and theirshare is liable.but now it has been decided by all the courts that a son is liable after partition for a debt contracted by the father before partition: see. mulla's hindu law at page 361 para. 289. this is also the view taken by the lahore high court in -- 'jawahar singh v ..... witness, but he does not seem to say anything which assists the case of the appellant. in this case the facts are more eloquent than the oral evidence.5. the contracts on the basis of which the decrees were passed date from 22-3-1943 to 21-4-1943 and the due date was 6-5-1943. although there is nothing .....

Tag this Judgment!

Mar 24 1955 (HC)

Firm Jaikishen Dass Jinda Ram and ors. Vs. Central Bank of India

Court : Punjab and Haryana

Decided on : Mar-24-1955

Reported in : AIR1960P& H1

..... bank, the banker was given a general lien over all the securities, except in cases where the deposit was for a particular purpose or where there was an agreement or contract inconsistent with the lien. thus, if securities are deposited for safe keeping or if a particular purpose is mentioned as the object of the deposit, the banker cannot claim a ..... controversy which is now before us for consideration. in devendrakumar v. gulabsingh, air 1946 nag 144, the court cited with approval the commentary of venkatesa iyer in his law of contracts, edn. 3 at page 902, where the learned author observes as follows:'in england, general lines of the kind contemplated in the section were first recognized in favour of bankers ..... no. 1 has now preferred an appeal to this court under clauses 10 of the letters patent.(5) the relation of banker and customer arises as the result of a contract, express or implied, according to which the customer delivers to the bank money, funds or credits constituting the deposit and the bank assumes obligation to pay out on his demand .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //