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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1961 Page 1 of about 18 results (0.027 seconds)

May 12 1961 (HC)

Laxmi Ginning and Oil Mills Vs. Amrit Banaspati Co. Ltd.

Court : Punjab and Haryana

Decided on : May-12-1961

Reported in : AIR1962P& H56

..... findings of the trial court on those issues, his lordship proceeded:)(20) the contention of the learned counsel for the plaintiff-appellants is three-fold. firstly, he maintains that the contract between the parties was completed between 4th february, 1952, and 6th february, 1952. the insistence on vidya fund (dharmada) amounting to rs. 17/- only and the bank through which the ..... starts fresh negotiations with a view to introduce new terms, then even if the subsequent negotiations fail, it would be inequitable to allow the party who attempted to reopen the contract to enforce it subsequently. the federal court thought that this view was manifestly unsound and referred to the subsequent english cases in which it had been expressly dissented from.(31 ..... the other, introduces a phrase or a clause which when examined is found to be without significance, the courts are reluctant to draw a presumption against the validity of a contract on the ground that with respect to some inconsequential matter there was no assensio mentium--meeting up the minds. the discovery of the party's intention sometimes offer serious difficulty ..... , 1952, besides expenses on account of railway freight and demurrage and other charges including travelling expenses of bakshi narinder singh and natha singh. it is to be remembered that the contract was f. o. r. khanna. the plaintiffs had received a telegram from the defendant-company on 28th february, 1952 (exhibit d-3) that the bargain in question was acceptable if .....

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Apr 24 1961 (HC)

Messrs Sehgal Brothers and ors. Vs. Bharat Bank Ltd.

Court : Punjab and Haryana

Decided on : Apr-24-1961

Reported in : AIR1961P& H439

..... possible to say whether one or the other decree still remains unsatisfied.actually, however, no such difficulty arises for sections 59 to 61 of the contract act provide for a contingency and when there is no indication as to appropriation and the creditor does not specifically appropriate the payments to a particular ..... the court will not have occasion to enforce the agreement in execution proceedings, but will leave the creditor to bring a separate suit upon the contract. if, on the other hand, the agreement is intended to govern the liability of the debtor under the decree and to have effect upon the ..... it concerned only the mode of executing the two decrees and that it was never intended that the decrees should be wiped out and a new contract should take their place. he held, therefore, that the decrees could be executed and executed in terms of the compromise and that al-though the ..... of the judgment-debtors and the main plea was that under the compromise, the two decrees had been satisfied and adjusted, and a new contract between the parties had come into existence and that the decree-holder was not entitled to execute the decrees in terms of the compromise but ..... takes sufficient account of the facts that the code contains no general restriction of the parties' liberty of contract with reference to their rights and obligations under the decree, and that, if they do contract upon terms which have reference to and affect the execution, discharge or satisfaction of the decree, the .....

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Aug 10 1961 (HC)

Chautala Workers Co-operative Transport Society Ltd. and anr. Vs. Stat ...

Court : Punjab and Haryana

Decided on : Aug-10-1961

Reported in : AIR1962P& H94

order(1) chautala workers, co-operative transport society limited, chautala, district hissar, and the harijans. balmiki friends co-operative transport society limited. dabwali, have approached this court under article 227 of the constitution for quashing the order dated the 10th april 1961 passed by the secretary to the government in transport department. the allegations contained in the petition are that the two petitioner-societies, consisting of harijans, workers, poor villagers, ex-servicemen and labourers, etc. have a share capital of rs. 25,500/- and rs. 32,000/- respectively, both of them being co-operative societies, recently formed. in the year 1958 the punjab government released some new and katcha routes including (a) dabwali-jhuti and (b) dabwali-chautala routes and authorised the regional transport authority to issue regular permits for these routes to the new co-operative transport societies consisting of workers or of harijans, etc. by a notice appearing in the weekly 'driver', jullundur, dated 1st september 1958, applications were invited by the regional transport authority for permits on the above routes by 4th september 1958. the petitioners, accordingly, submitted their applications in respect of the permits on chautala-jhuti route. by a press note dated 26th december 1958, issued by the public relations department, applications were again invited on the above route so as to reach the office of the regional transport authority, but the application fee, if .....

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Jan 25 1961 (HC)

Commissioner of Income-tax Vs. Benarsi Das and Company.

Court : Punjab and Haryana

Decided on : Jan-25-1961

Reported in : [1962]44ITR835(P& H)

..... rulings appears to be that where there is some express prohibition by law, or rule having the force of law, against the action of the contracting parties, the contract will be held void; where there is no such prohibition, it will be upheld'.the rules to which reference has been made in the present ..... held that by entering into an agreement of partnership there was no transfer of the licence within the meaning of the excise rules and that the contract was not void as opposed to public policy but was capable of being enforced by one partner against the others. there, the question of the ..... bench had also held that even though a partnership was lawful at its inception because it was not intended to infringe any of the provisions of the contract act, it nevertheless became unlawful when it intended to conduct the business jointly on a licence granted to only one of the partners. consequently, it ..... indian income-tax act. the income-tax officer declined to grant registration on the ground that the object of the firm was unlawful and the partnership contract under which the firm was constituted was wholly void. the appellate assistant commissioner sustained the order of the income-tax officer but the tribunal formed the ..... to bear the name and style of 'messrs. benarsi das & company' and it was expressly stated that it had been formed to run the opium contracts of faridkot and ransinghwala taken for rs. 80,100 and rs. 8,000 respectively for the year 1954-55. the share of benarsi das was to .....

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Mar 23 1961 (HC)

Commissioner of Income-tax Vs. Punjab Distilling Industries Ltd.

Court : Punjab and Haryana

Decided on : Mar-23-1961

Reported in : [1962]45ITR548(P& H)

..... , in view of the statutory rule amended in 1948, it cannot be said that the deposit 'was part of each trading transaction (and) was refundable under the terms of the contract relating to trading transaction under which it had been made'. we are of the view that to the security deposits to which the amended punjab liquor licence rules were applicable ..... hand the deposit was part of each trading transaction. it was refundable under the terms of the contract relating to a trading transaction under which it had been made; it was not made under an independent contract nor was its refund conditioned by a collateral contract, as happened in lakshmanier & sons case.'on the above considerations, their lordships found that the amount were .....

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Jan 02 1961 (HC)

Sat NaraIn and ors. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Decided on : Jan-02-1961

Reported in : AIR1961P& H314

..... of an ex contractu relationship, apart from other requirements, is free consent of parties entering into it. free consent is sine qua non of a contract. a contract is a deliberate engagement between competent parties, who undertake to do or abstain from doing some act. free consent means a voluntary concurrence in the ..... .a mere non-resistance, passiveness, submission is not equal to a free consent or voluntary agreement. coercion, undue influence, fraud are ante-thesis of contract relationship, which rests upon freedom to agree and implies an option or a choice to decline to accept a proposal made by another. the requisitioning of ..... intention or a promise in future. the representation is an expression of an intention and it may raise expectations but it does not amount to an enforceable contract. the representation however, is undeniably in the nature of a promise to relinquish a right to compensation. estoppels, as pointed out by garth, c. ..... species of consideration or as a substitute for, or the equivalent of, consideration; but the basis of the doctrine is not so much one of contract with a substitute for consideration, as an application of the general principle of estoppel, since the estoppel may arise although the change of position of ..... . in (1953) 69 rpc 108 and (1954) 2 all ek 28, it was sums payable by way of compensation. the assurance was not a contract binding in law, but it was an assurance as to the future; it was intended to be acted on, it was acted on, and it was .....

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Nov 16 1961 (HC)

Raghunath Enamels Ltd. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : Nov-16-1961

Reported in : AIR1962P& H383

..... an occasion to construe clauses 13 and 21 relating to rejection and arbitration, and considered that 'it is clear from these clauses of the contract that the decision of the inspector is final and any dispute relating to his decision cannot be adjudicated upon by the arbitrators or umpire, as such ..... tendering the right quality of material. designedly, the inspector has been given final powers of rejection and the court must scrupulously observe the terms of the contract which has been executed between the parties.in price and co. v. governor general in council, air 1955 punj 240, bishan narain, j. had ..... precluded. in other words, it has to be seen whether it relates to a matter the decision of which is specially provided for in the contract. reference may now be made to clause 13 which relates to inspection and rejection. sub-clause (i) of this clause provides for facilities for test ..... the first respondent, the adjustment was made from the credits standing in the name of the petitioner with the union of india in respect of other contracts. subsequently, the dispute was referred to arbitration.(4) it is manifest that the entire dispute turns on the validity of rejection by the inspector on ..... in order to appreciate the point in issue, it would be necessary to state the facts briefly. the petitioner raghunath enamels ltd. entered into a contract with the union of india through the ministry of works, housing and supply, which is the first respondent on 4th of november, 1954, for the .....

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Sep 11 1961 (HC)

The National Tobacco Company of India Ltd. Vs. Simla Banking and Indus ...

Court : Punjab and Haryana

Decided on : Sep-11-1961

Reported in : AIR1962P& H121

..... the agency had been created was completed as soon as the drafts were dispatched under the terms soon as the drafts were despatched under the terms of section 201,indian contract act, and the fiduciary relationship then came to an end and consequently the alliance bank was simply a credit of the amritsar bank entitled to receive payment pari passu with .....

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Feb 21 1961 (HC)

Cantonment Board, Ferozepur Cantt Through Executive Officer Vs. Bajran ...

Court : Punjab and Haryana

Decided on : Feb-21-1961

Reported in : AIR1961P& H460

..... and has held that there is no basis for holding that section 326 of the u. p. municipalities act contemplates only an action in tort and not an action in contract. 7. in these circumstances i feel that the present case is fully governed by sub-section (3) of section 273 of the cantonments act and that the period of limitation .....

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Jan 30 1961 (HC)

Bachan Singh Mit Singh and anr. Vs. Waryam Singh Hazara Singh

Court : Punjab and Haryana

Decided on : Jan-30-1961

Reported in : AIR1961P& H477

..... learned judge refused to permit. in the previous litigation, the learned subordinate judge, who decreed waryam singh's claim, expressly came to the conclusion that as there was no written contract of mortgage, bachan singh, alleged mortgagee, could not urge that the land had been mortgaged with him. on this finding, waryam singh was granted a decree for possession of the .....

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