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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1959 Page 1 of about 24 results (0.156 seconds)

Jul 22 1959 (HC)

Joti Parshad Jai Gopal and anr. Vs. Kartar Singh Sahib and ors.

Court : Punjab and Haryana

Decided on : Jul-22-1959

Reported in : AIR1960P& H425

..... paid to the widow of nand singh bala through s. kartar singh under a contract of implied indemnity.(6) the conclusion of the lower courts is erroneous in law and contrary to the dictates of justice, equity and good conscience. i would allow this ..... execution of the decree. though it is not necessary in this case, a contract of indemnity can also be inferred. even in the absence of the evidence of meem chand it would have been a legitimate inference to draw that the money was ..... singh on a definite assurance made by him in the company of meem chand. cause of action in such cases arises when the damage in which the indemnity is intended to cover is suffered. in the present case the damage was suffered when the payment was made to the sons of nand singh bala in ..... the person doing it, and such act turns out to be injurious to the rights of a third party, the person doing it is entitled to an indemnity from him who requested that it should be done.'this quotation is taken from the judgment of lord halsbury in sheffield corporation v. barclay, 1905 ac 392, ..... these facts, it appears to me that the proper provision to apply is art. 83 of the indian limitation act which is as under :'upon any other contract three years when the plaintiff is actuallyto indemnify damnified'. the payment was made to the sons of nand singh bala in execution of the decree in july 1949 .....

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Nov 24 1959 (HC)

Ghaki Mal Hukum Chand Vs. Great American Insurance Co. Ltd.

Court : Punjab and Haryana

Decided on : Nov-24-1959

Reported in : AIR1960P& H523

..... damage a damage by the peril insured against.'this is the first difficulty in the way of the plaintiff. the plaintiff in a contract of fire insurance which essentially is a contract of indemnity has to prove the loss actually suffered by him as a result of fire. i am prepared to accede that the evidence ..... which there is no compelling reason to depart in the instant case. nor is there any support for the proposition that clauses 11 and 19 of the contract of insurance could not have been overridden by statute. in face it is specifically mentioned in the relevant provisions cited in the earlier portion of this ..... date of the loss notwithstanding that the intimation does not specify the amount of the claim or is not in the form, if any, required by the contract of insurance or in any other specified form.'(3a) at this stage, i may also advert to the provision of section 36 of the debts adjustment act ..... (a) * * *(b) the claim was not made to the company within the agreed time, or(c) * * *(d) * * *and any contract to the contrary, to the extend to which it is in contravention of the provisions of this sub-section, shall be deemed to have had no effect. * * * * (6) no ..... or theft or riot and civil commotion and there has been a loss in respect of such property arising out of any such risk at a time when the contract of insurance was in force, such company shall not be entitled to refuse payment of the sum due under any claim in relation thereto on the ground that. .....

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Nov 04 1959 (HC)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Decided on : Nov-04-1959

Reported in : AIR1960P& H236

..... period less than that allowed by the statute of limitation the time of claim rested and was maintainable, was that by the contract of the parties the right to indemnity in case of loss and the liability of the company thereof did not become absolute, unless the remedy was sought within the ..... the aforesaid provision in the contract act. it would be useful at this stage to advert to some of the well settled principles which are applicable to such cases on the ..... was intended to provide for such clauses only, clause (b) becomes wholly redundant in view of the provisions contained in section 23 of the contract act because any condition or covenant in a policy directly curtailing the period of limitation as provided in the limitation act would be struck down by ..... the limitation act the suit must be dismissed if instituted after the expiry of the prescribed period and the waiver is wholly ineffective. (4) a contract may contain within itself the elements of its own discharge express or implied for its determination in certain circumstances. (5) as the clause does not ..... provided by article 86 of the limitation act. it was urged that the condition curtailing the period of limitation was void under section 28 of the contract act. chandavarkar, acting c. j. observed while considering the argument that the deceased had agreed to lessen the period prescribed which he could not .....

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Apr 28 1959 (HC)

Grison Knitting Works Vs. Laxmi Commercial Bank Ltd. and ors.

Court : Punjab and Haryana

Decided on : Apr-28-1959

Reported in : AIR1960P& H98

..... and other cases which have followed it and i have preferred the interpretation of the pharase 'reasonable notice of the sale' occurring in section 176, indian contract act, which is in accord with the view expressed by american judges on analogous law. it is true that the english and the american authorities referred to ..... had consulted the pledgor who was agreeable to the transfer of the shares by the pledge, the question of notice under section 176 of the indian contract act does not arise, as the pledgor's consent to the proposed transfer is already obtained. on this consideration also the argument pressed on behalf of ..... for the defendants says that this approach of the learned judges, on comparison of the language of section 176 and the previous section 107 of the indian contract act, is not correct, and in fact when the two sections are considered together, they support rather his argument. it has already been pointed out ..... for the defendants contends is that if the notice contains anything more than that has reference to the provisions of the section 176 of the indian contract act, then the form of the notice must be taken as defective and notice as not valid according to the section.in this particular case the ..... not redeemed within the stipulated time, by a due performance of the contract for which it is a security, the pawnee has then a right to require a sale to be made thereof, in order to have his debt or indemnity.if there is no stipulated time of the payment of the debt, .....

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Sep 24 1959 (HC)

Kartar Singh Wazir Singh Vs. Sardara Singh Wazir Singh

Court : Punjab and Haryana

Decided on : Sep-24-1959

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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Dec 08 1959 (HC)

Punjab Woollen Textile Mills Vs. Assessing Authority, Sales Tax

Court : Punjab and Haryana

Decided on : Dec-08-1959

Reported in : [1960]11STC486(P& H)

..... were made when dealing with the case of building contractors where it was held that no sale as such of the material used in a building contract could be spelled out and that the provincial legislature was not competent to impose a tax thereon under entry 48. in my opinion, no real ..... any precedent taking a contrary view. it was next contended that the goods purchased by the petitioner were intended to be used in the execution of contracts and as such were exempt from sales tax. this argument can be disposed of on the short ground that in the registration certificate there is ..... and that the articles purchased by the petitioner should be held to have been utilized by it either for manufacturing purposes or in the execution of contract. the assessing authority, according to him, is wrong in holding that the transaction can be considered to be a sale to himself of the goods ..... manufacture of 'any goods for sale ', or 'in the execution of a contract' and the petitioner had only charged the labour charges pertaining to the sale, with the result that there was no sale of the raw material either to ..... of registration, or of goods specified in the said certificate for use by him in the manufacture of any goods for sale or in the execution of any contract. the goods (machinery parts and accessories, lubricants, dyes, chemicals, firewood and coal etc.) which had been consumed by the petitioner, were used in the .....

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Sep 23 1959 (HC)

Court of Wards Dada Siba Estate and anr. Vs. Raja Dharan Dev Chand

Court : Punjab and Haryana

Decided on : Sep-23-1959

Reported in : AIR1961P& H143

..... of positive law & does not leave the matter tobe determined according to the intention of theparties. in cases, where the court gathers as amatter of construction that the contract itself contained impliedly or expressly a term, according towhich it would stand discharged on the happening ofcertain circumstances, the dissolution of the contractwould take place under the terms of ..... certain event, the parties were to be discharged from their obligation or on the basis that on the happening of a certain intervening event, the whole of the contract became impossible of performance or that the circumstances changed to such an extent that the performance became impracticable. in india these matters have been given statutory recognition and are ..... and original contemplation of the parties': (halsbury's laws of england, third edition, paragraph 320).the effect of the application of doctrine of frustration is to render the contract void as from the date of the supervening impossibility and to excuse its further performance. strictly speaking, therefore, the doctrine of frustration is applicable to purely contractual obligations and ..... court came to the conclusionthat the suit was cognizable by the courts in kangradistrict where the defendant resided and on issuesnos. 4 and 5 it was held that the contract of leasebecame impossible of performance and that consequently plaintiff was entitled to the refund of theamount. amount of interest claimed was disallowed. the suit of the plaintiff was, .....

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Feb 04 1959 (HC)

Bhagat Ram Kirpa Ram Vs. Ajudhia Parkash and ors.

Court : Punjab and Haryana

Decided on : Feb-04-1959

Reported in : AIR1960P& H261

..... independent and not part of the transaction impeached. (5) there is no rule that this result is affected by the question whether the father, who contracted the debt or burdens the estate, is alive or dead.' stress was laid on the second proposition given above. the words 'by incurring debt' and ..... follows:'the plaint alleged that the income of the ancestral estate was sufficient for the family, and that there was no necessity for the loans contracted by the father; but that the latter by dissipation and extravagance wasted the income, and had taken loans on the security of the ancestral ..... must be established by the evidence of witnesses.' (9) the learned judge further referred to colebrook's translation of 'a digest of hindu law on contracts and successions' and repelled the argument that the proof of the debt against the father meets the requirements of pure hindu law and observed as follows ..... not made parties to the proceedings was altogether immaterial. at pate 489 of the report it was observed that: 'if the debts have been contracted by the father and they are not immoral or irreligious, the interest of the sons in the coparcenary property can always be made liable for ..... constitute debts which would be binding on the judgment-debtors' sons by reason of their pious obligation unless it is shown that the loans were contracted for immoral and illegal purpose.'we are also referred to the observations of mukerjee j. delivering the judgment of the supreme court in sidheshwar mukherjee .....

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May 16 1959 (HC)

Basant Ram Ralla Ram Vs. Gurcharan Singh and ors.

Court : Punjab and Haryana

Decided on : May-16-1959

Reported in : AIR1959P& H578

inder dev dua, j. 1. this revision has been referred to a larger bench by mehar singh j. by his order dated 26-8-1958 because of two conflicting decisions in gopal mal v. firm dwarka dass and company, civil misc. no. 175 of 1954, decided by mehar singh j. on 31-1-1955 in pepsu (air 1955 n.u.c. 1878) and in jagdish parshad v. beni parshad, civil misc. no. 159 of 1955 deckled by bhandari c. j. on 17-5-1955 (punj). 2. basant ram petitioner was a tenant of the house in question under gurtharan singh, autar singh and gurdial singh sons of jowala singh. on 2-1-1956, the landlords presented an application to the rent controller, kapurthala, under section 13 of the patiala and east punjab states union urban rent restriction ordinance, 2003 bk., for eviction of basant ram tenant from the house in question on the allegations that they had let out the house to the respondent by means of a rent deed'dated 13-5-1954 on rental of rs. 15/- per month from 1-5-1954. that the tenant had failed to pay the rent from august 1954 to the end of november 1955 for which a notice had also been sent to him but without any effect; on these grounds they claimed eviction of the tenant from the house in dispute. the tenant resisted this petition admitting the factum of lease but pleading that he had, on the first hearing deposited the entire rent due from him in court and alleging in consequence, that on account of this deposit no question of default in payment of rent arose for the purposes of these .....

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May 26 1959 (HC)

National Transport Engineering Co. (Private) Ltd., Patiala Vs. the Sta ...

Court : Punjab and Haryana

Decided on : May-26-1959

Reported in : AIR1959P& H638

..... route or routes or a newarea or, in the case of a stage carriage permit, byincreasing the number of services above the specified maximum, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles covered by the permit.shall be treated as an application for the grant ofa new permit .....

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