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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1957 Page 1 of about 25 results (0.030 seconds)

Sep 19 1957 (HC)

Sat Parkash L. Tara Chand and anr. Vs. Dr. Bodh Raj L. Bhagwan Das Kha ...

Court : Punjab and Haryana

Decided on : Sep-19-1957

Reported in : AIR1958P& H111

..... no doubt that if the defendants had on the 16th of march, 1948, or at any time thereafter filed a suit for specific performance of the contract against the plaintiff, the said suit would not have met with any success. the suit would have been thrown out on the ground of unreasonable ..... it is, tender of performance within this rea-sonable time is of the essence. if both parties alike fail to make tender within this time, the contract obligation is discharged. in some such cases, it has seemed to be the court's idea that there is no discharge until one of the parties ..... appellants, mr. daulat ram manchanda, contended that there was no unreasonable delay on the part of the defendants in the matter of performance of the contract and that they had been diligently prosecuting their applications for obtaining necessary permission of the high court at lahore for effecting sale of the house in question ..... on 13th of december, 1947, the plaintiff served a notice upon the defendants complaining of the great delay and asking them to perform their part of the contract and to obtain the necessary permission at an early date.8. that on 14th of january, 1948. dewan amolak singh started correspondence with sh. azim ullah ..... . the plaintiff alleged that, though repeatedly asked, defendants nos. 1 and 3 did not obtain the sanction of the high court at lahore and that the contract of sale could not, therefore, be completed. he sued for the refund of rs. 5,000/- paid by him as earnest money together with rs. .....

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Nov 22 1957 (HC)

S. Ripudaman Vs. Surinder Kumar Etc.

Court : Punjab and Haryana

Decided on : Nov-22-1957

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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May 23 1957 (HC)

Pt. Ram Parkash Vs. Smt. Savitri Devi

Court : Punjab and Haryana

Decided on : May-23-1957

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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Nov 27 1957 (HC)

Krishna Roller Flour Mills Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : Nov-27-1957

Reported in : [1958]9STC439(P& H)

..... scale for the dehydrated meat including the cost of containers and packing. the board of revenue has found that according to the stipulation of the contract an inclusive price was fixed for processed meat to be packed in sealed containers at a prescribed rate. to my mind there is no ..... act, 1948. in mohamed amin bros. ltd. v. province of bihar a.i.r. 1951 patna 197 according to the terms of the contract the plant and machineries were provided by government, dressed goat-meat was supplied to the assessee by another contractor at a fixed price on certain terms ..... one party and acceptance of that offer by the other party turning the offer into a promise. if this promise is supported by a consideration the contract is complete. there is consideration where 'an act or forbearance of one party or the promise thereof is the price for which the promise of ..... are ordinarily collected and supplied in gunny bags and consequently the purchase of gunny bags would come within the scope of section 188 of the contract act. therefore the relationship of principal and agent which existed between government and the petitioner for the primary purpose of procuring paddy and rice would ..... of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of a contract.' the legislative definition of the expression 'sale' as embodied in the act of 1948 must take precedence over definitions which may be found in dictionaries .....

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May 15 1957 (HC)

Daulat Ram Rala Ram Vs. State of Punjab

Court : Punjab and Haryana

Decided on : May-15-1957

Reported in : AIR1958P& H19

..... deducted from any sum whatsoever, payable by the government to the contractor (s) either in respect of this work order or any other work order or contract. '9. in case of bad or incomplete work, payment shall be made at 25% less rates than agreed upon.' the plaintiff's case is that ..... the application under section 34 of the arbitration act.14. it is then urged that the dispute is notcovered by the arbitration clause. conditions of the contract are printed on the back of the work-order. the parties are admittedly bound by these conditions. the relevant conditions are nos. 5, 7 and ..... the defendant filed an application in the court of the judicial commissioner for stay under section 19 of the arbitration act, 1899, on the groundthat the contracts sued upon were entered into subject to a submission clause and that the matter should therefore be referred to arbitration. the learned additional judicial commissioner distinguished ..... . 2/- per thousand cubic feet as wetness allowance, and that the defendant without his consent reduced the contracted allowance to re. 1/8/- per thousand cubic feet and deducted the amount of rs.5,081/- and rs. 1,422/- from his further bills ..... against the state of punjab, the respondent.2. daulat ram instituted the suit for recovery of rs. 8,000/- on the allegations that he had contracted to carry out certain works for the irrigation department in the gray canal circle, for which in addition to other charges he was to be paid rs .....

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Nov 13 1957 (HC)

Dwarka Das Vs. New Bank of India Ltd., Amritsar and ors.

Court : Punjab and Haryana

Decided on : Nov-13-1957

Reported in : AIR1958P& H218

..... alleged that the letter was preceded by any oral agreement creating the charge between the parties. the letter, according to the plaintiff itself, is thus the sole repository of the contract between them. exhibit p. 7 says : 'i am availing a temporary overdraft from time to time. as security against this i would request you to 'please note' your hen on ..... not require registration.'in ralli brothers, karachi v. punjab national bank. ltd. ilr 11 lah 5g4 1 (air 1930 lah 920) (c), no formal document embodying the terms of the contract between the parties was executed, but a list of the title deeds deposited with the creditor was contemporaneously drawn up and signed by the debtor. the list was headed with ..... letters do not constitute the agreement between the parties, nor do they contain the terms of the contract. exhibit p. 5 merely gives the list and particulars of the documents which were delivered, 'in connection with' the money advanced by the bank, a day earlier. exhibit p. 4 ..... doubt in my mind that the letters fall under the latter category. the letters individually or taken together, as suggested by mr. sud, cannot be regarded as repositories of the contract of mortgage. their contents and the surrounding circumstances strongly lead to the inference that the parties did not intend to reduce their bargain to the form of a document. the .....

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Feb 12 1957 (HC)

State of Punjab Vs. S. Sukhbans Singh

Court : Punjab and Haryana

Decided on : Feb-12-1957

Reported in : AIR1957P& H191

..... class of government servants, including government servants who are holding their posts temporarily pr on probation or in an officiating capacity or in accordance with the terms of their respective contracts. if the courts were to confine themselves to the literal and strict meaning of the constitutional terminology it would be impossible to order the removal of any government servant without ..... has completed 25 years service, or after the expiration of the probationary period, or after the expiration of the term for which he was appointed under the terms of his contract.the framers of the constitution could not have contemplated such a situation, and it seems to me therefore that if the words were given their usual or natural meaning the ..... a person may be removed without charges or hearing on his attaining the age of superannuation, or on the expiry of the term for which he was appointed under a contract, or on the expiry of the period of probation, or on the completion of 25 years' service. in none of these cases can the order of removal be deemed to .....

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Dec 19 1957 (HC)

Central Bank of India Ltd., Bombay, Branch Amritsar Vs. Firm Rur Chand ...

Court : Punjab and Haryana

Decided on : Dec-19-1957

Reported in : AIR1958P& H159

..... the matter fell within class (2) of the sub-agents as classified by halsbury and after an examination of sections 190 to 194 of the indian contract act and the relevant authorities, rupchand, a. j. c., observed at page 251--'in the present case there were not only no allegations, much ..... commissioner has himself referred to halsbury's laws of england, volume i, wherein it is stated--'there is as a general rule no privity of contract between the principal and a sub-agent, the sub-agent being liable only to his employer, the agent.. the exception is where the principal was ..... it may reasonably be presumed that the parties originally intended that such authority should exist. where such authority existed and is duty exercised privity of contract arises between the principal and the substitute and the latter becomes responsible to the former for the due discharge of the duties.mr. dalip. chand ..... ' or 'substitute' and on the other hand, to constitute, in the interests and for the protection of the principal, a direct privity of contract between him and such substitute.the authority to this effect may and should be implied where from the conduct of the parties or the nature of the ..... hundi and the bills collected through the oriental bank limited, tamman, on the risk and responsibility of the plaintiff-firm section 194 of the indian contract act would be attracted.section 194 provides that where an agent, holding an express or implied authority to name another person to act for the principal .....

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Dec 23 1957 (HC)

The State of Punjab Vs. Wengers and Co. Etc.

Court : Punjab and Haryana

Decided on : Dec-23-1957

Reported in : AIR1959P& H612

..... ceremony and the accompanying celebrations were merely postponed. the correspondence on the file shows that even in the middle of may the council of administration which had entered into the contract still contemplated holding the ceremony in november or december, and it was therefore some date after that the idea of holding the ceremony was abandoned.it is not possible to .....

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Oct 18 1957 (HC)

Karnal Distillery Co. Ltd. and ors. Vs. Ladli Parshad Jaiswal and anr.

Court : Punjab and Haryana

Decided on : Oct-18-1957

Reported in : AIR1958P& H190

..... the presumptioncovers transactions between the parties other than original one which raised it, if confidence continued to exist 'in those other transactions.' see button and shannon on contract, 5th edition, pages 210 and 211; me master v. byrne, 1952-1 all er 1362 (z10); tufton v. superni, 1952-2 tlr 516 (211 ..... client, confessor and penitent, guardian' and ward--are subject to certain presumption whentransactions between them are brought in question; and if a gift or contract made in favour of him who holds the position of influence is impeached by him, who is subject to that influence, the courts of ..... to all cases where influence is acquired and abused, where confidence is reposed and betrayed. 61. in the words of dr. cheshire, 'law of contract', fourth edition, page 250: 'there are certain special relations where undue influence is invariably presumed, but they do not cover all the possible cases, ..... the authorities cited, their lordships think it desirable to make clear their views upon in particular sub-section (3) of section 16 of the contract act aa amended. by this sub-section three matters are dealt with. in the first place the relations between the parties to each other must ..... members, except his nominee. by another resolution (no. 2) the plaintiff was absolved from all liabilities, as all acts done by him, and contracts entered into on behalf of the company, during the period of his managing directorship, were ratified and accepted. by that resolution the accounts, assets, .....

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