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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1965 Page 1 of about 33 results (0.027 seconds)

Sep 15 1965 (HC)

Eastern Traders (i) Ltd. Vs. Punjab National Bank Ltd. and anr.

Court : Punjab and Haryana

Decided on : Sep-15-1965

Reported in : AIR1966P& H303

..... the obligation which had been incurred by the second defendant on behalf of the principal9. it is also necessary to discuss the ancillary matter relating to indemnity clause in the letter of credit. it is the case of both the defendants that clause 6 of exhibit d. 14 exonerates the bankers from ..... the shipper or any one else in connection with said merchandise or the shipping or other documents with respect thereto.. ..or for any breach of contract between the shippers of vendors and the undersigned; and the undersigned will hold you harmless from all loss of damage in respect of any such ..... first defendant the second defendant had been appointed a substituted agent of the plaintiff and its liability is governed by section 194 of the indian contract act which says that:'where an agent holding an express or implied authority to name another person to act for the principal in the business ..... . 1947 the decision of the learned trial judge on this issue is correct and is accordingly upheld6. on the next question relating to privity of contract, the plaintiff and the second defendant are at one in saying that the responsibility is that of the first defendant as the principal agent, while, ..... a credit calling for ' coromandel groundnuts ' was upheld as pointed out by lord justice goddard at page 703 the custom or trade practice in such contracts is this:--' there are three peoples concerned where a bankers credit is in question there is the person who requests the bank to establish the credit, .....

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Jan 29 1965 (HC)

Niader Mal Vs. Ugar SaIn JaIn and anr.

Court : Punjab and Haryana

Decided on : Jan-29-1965

Reported in : AIR1966P& H509

..... before the courts below. assuming that the decree passed by the senior subordinate judge and based on the compromise could be set aside on the same grounds on which a contract can be set aside, still the petitioner was expected to plead such facts as entitled him to disregard the compromise decree and to ask for the same being set aside ..... properly but the permission was refused. mr. kapur referring to prem parkash v. mohan lal, air 1943 lah 268 submits that a decree based on a compromise is like a contract and can be set aside on that ground. short answer to mr. kapur's submission is that the petitioner neither raised this question in the plaint nor does it appear .....

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May 17 1965 (HC)

Karta Ram Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-17-1965

Reported in : AIR1966P& H365

..... fact however grave it may appear to be.there is abundance of authority for the proposition that even a lease which is yet to come into force is not a contract of an executory nature but is a completed agreement. in a bench of the punjab chief court of shah din and chevis, jj. in mihan khan v. muhammad bakhsh, 97 ..... pun lr 1913, it was said that 'a completed contract of lease is an executed contract and not merely an executory contract, although the commencement of the lease has been postponed to a future date'. the mere fact that the petitioner in the present case had postponed .....

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Sep 01 1965 (HC)

Workmen of Bhupendra Cement Works (by Bhupendra Cement Workers' Union) ...

Court : Punjab and Haryana

Decided on : Sep-01-1965

Reported in : (1966)ILLJ863P& H

..... .j. 614. in that case it was held that the purpose of the standing orders is to clarify the conditions of service and they are in the nature of a contract on which openly the employee enters into the service and that if there is any deviation in the matters which are provided for in the model standing orders, in the .....

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Sep 20 1965 (HC)

Ram Labhaya Vs. Municipal Committee

Court : Punjab and Haryana

Decided on : Sep-20-1965

Reported in : AIR1966P& H460

..... upon the mortgage the lender was entitled to relief on the principle that where a defendant who when sued for money lent pleaded that the contract was void could hardly regard with surprise a demand that he should restore what he had received thereunder. consequently no question of limitation could arise ..... of the section, would include an agreement that was void in that sense from its inception as distinct from a contract that becomes void.''it was held that the agreement was manifestly void from its inception because its subject-matter was incapable of being transferred. their ..... been found that the transfer was inoperative as the transferor had no interest capable of transfer but merely an expectancy. referring to section 65 of the contract act, it was observed--'an agreement, therefore, discovered to be void is one discovered to be not enforceable by law, and, on the language ..... property sold to the purchasers. the consideration failed only on 22nd october 1936 and, therefore, where consideration existed at the initial stage even though the contract was void and that consideration failed to exist at a later date. it would be article 97 which would be applicable. the argument of the ..... on 8th november1954 the municipal committee filed a suit for recovery of rs. 11,309 odd from the plaintiff for damages for alleged breach of contract. the total amount of deposit amounting to rs. 4,080 which had been made by the plaintiff by way of security was treated as having .....

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Dec 06 1965 (HC)

Ramji Lal Ram Lal and anr. Vs. State of Punjab Through Secretary to Go ...

Court : Punjab and Haryana

Decided on : Dec-06-1965

Reported in : AIR1966P& H374

..... taken against them with regard to the land in the event of their not using the same for setting up a factory, in other words there was no manner of contract by them whereby they would have to surrender back the land in the event of their not using it for the establishment of a factory, the reason because of which .....

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Nov 18 1965 (HC)

Ram Nath Sahni Vs. Punjab State and anr.

Court : Punjab and Haryana

Decided on : Nov-18-1965

Reported in : AIR1967P& H129; (1968)ILLJ443P& H

..... case article 311 will apply this simple position is sometimes complicated by the fact that even while exercising its power to terminate the services of a temporary servant under the contract or the relevant rule, the authority may in fairness enquire whether the temporary servant should be continued in service or not.' if an enquiry is held to inflict any of ..... 449:'the appropriate authority possesses two powers to terminate the services of a temporary public servant; it can either discharge him purporting to exercise its power under the terms of contract or the relevant rule, and in that case, it would be a straightforward and direct case of discharge and nothing more; in such a case, article 311 will not apply ..... take action under the contract of employment is the misconduct, negligence, inefficiency or other disqualification will not make the action taken a punishment to attract the provisions of article 311(2)there was no charge ..... , the law is now well settled that the government has a right to terminate the services of its temporary servants when it can do so under the terms of the contract of employment or the specific service rules and motive operating on the mind of the government is immaterial and the fact that the inducing factor which influenced the government to .....

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Nov 05 1965 (HC)

Joginder Singh Harnam Singh Vs. Hardial Singh and ors.

Court : Punjab and Haryana

Decided on : Nov-05-1965

Reported in : AIR1967P& H385

..... act, is inapplicable to bona fide transferees for consideration without notice and also that the plaintiff has to show that this possession was under or in pursuance of the unregistered contract in enforcement of which he asserts his right. in support of this submission he has drawn my attention to some decisions of this court, but i would again refrain from ..... the mortgagee continued in possession of the mortgaged property in part performance of the subsequent agreement as well, and he has also done some act in furtherance of such subsequent contract.of course, it is also asserted that the plaintiff-petitioner has performed and is also willing to perform his part of the ..... contract. on the facts and circumstances of the present case, the petitioner has argued with a certain amount of justification that weighing the consequences of either course, namely, of allowing or .....

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May 28 1965 (HC)

Raj Kumar Ishwar Dass Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Decided on : May-28-1965

Reported in : AIR1965P& H221; (1968)ILLJ755P& H

..... would seem to be imperfect which should allow the depositories of its powers to throw off the responsibility at their own pleasure. even if the matter be treated as a contract between the parties the same result would follow. a person who has agreed to serve till his services are terminated must first make an offer communicating his intention to terminate ..... 1046 diplock j. held as under :--'the giving of a notice terminating a contractual employment, whether by employee or employer, is the exercise of the right under the contract of employment to bring the contract to an end either immediately or in the future. it is a unilateral act, requiring no acceptance by the other party, and, like a notice to quit .....

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Feb 10 1965 (HC)

Northern India Transporters Insurance Co. Ltd. Vs. Shrimati Amra Watti ...

Court : Punjab and Haryana

Decided on : Feb-10-1965

Reported in : (1966)68PLR538

..... , being carried in the vehicle ;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, in respect of persons other than passengers carried for hire or reward, a limit of twenty thousand rupees ; and in respect of passengers a limit oftwenty thousand rupees ..... . reference in this connection is made to section 96 which makes an insurer liable directly to the injured party in spite of the fact that there is no privity of contract between them. the scheme of that section is that where a properly insured bus within the terms of the motor vehicles act meets with an accident and passengers are injured .....

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