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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1966 Page 1 of about 19 results (0.028 seconds)

Jan 14 1966 (HC)

Associated Hotels of India Ltd. Vs. Excise and Taxation Officer and an ...

Court : Punjab and Haryana

Decided on : Jan-14-1966

Reported in : AIR1966P& H449; [1966]17STC555(P& H)

..... or otherwise. the assessees were charging a fixed amount in either case not depending on the fluctuation in the prices of materials. having regard to the fact that the contract between the assessees and their constituents was one and indivisible, there was no sale of the materials as such involved in that transaction. the above-said judgment of the ..... . in such an agreement there is neither a contract to sell the materials used in the construction, nor does property pass therein as movables. in these circumstances it was finally held by their lordships of the supreme court ..... for the sale of goods', there must be an agreement between the parties for the sale of the very goods in which the property eventually passes. in a building contract the agreement between the parties is that the contractor should construct a building according to the specifications contained in the agreement and in consideration therefor receive payment as provided therein ..... ) 'sale' means any transfer 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, but does not include a mortgage, hypothecation, charge or pledge.explanation (1). a transfer of goods on hire-purchase or other instalment system of payment shall, notwithstanding that the .....

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Mar 04 1966 (HC)

Ram Lal Jagan Nath Vs. Punjab State Through Collector and anr.

Court : Punjab and Haryana

Decided on : Mar-04-1966

Reported in : AIR1966P& H436

..... in a written agreement or reference. the relation-ship of the parties is accordingly considered contractual and the matter is controlled by the law of agreement to arbitrate, apart from what the arbitration act (x of 1940) prescribes, is not required to be stated in any particular ..... intended, the intention has not been expressed with anything like sufficient clarity.'the petitioner's learned counsel has also submitted that the clauses in contracts providing for reference of disputes to arbitration call for a strict construction because they purport to exclude the jurisdiction of the ordinary courts and ..... absence of the words arbitrator and arbitration from the clause in question, although in most other forms of contracts with government the terms appear in the clause intended to result in disputes being referred to the arbitration, is a clear indication that the clause ..... an agreement to refer their dispute for decision to a government officer. i regard the case as being on a completely different footing from a contract entered into between a contractor and the government on a standard printed form, and as i have indicated above, in my opinion, the ..... facts giving rise to this revision briefly stated are that messrs. ram lal jagan nath (petitioner-firm in this court) had entered into various contracts with the state of punjab for the construction of houses and bridges and also for putting earth along the second bhakra main line. disputes having .....

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Jul 21 1966 (HC)

State of Punjab and ors. Vs. Appar Apar Singh

Court : Punjab and Haryana

Decided on : Jul-21-1966

Reported in : AIR1967P&H139

..... g., acceptance of illegal gratification and fabrication of official records. he was a probationer. his services were terminated in accordance with the rules and the contract of service with a finding that he was not fit for confirmation in that service. it was held that such an order of discharge did ..... for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the case of a temporary government servant or a servant holding higher rank temporarily to which he has no right. in ..... the government had purported to exercise its right to terminate the employment or to reduce the servant to a lower rank under the terms of the contract of employment or under the rules, in truth and reality the government has terminated the employment as and by way of penalty. the use of ..... of article 311 must be complied with. as already stated if the servant has got a right to continue in the post, then, unless the contract of employment or the rules provide to the contrary, his services cannot be terminated otherwise than for misconduct, negligence, inefficiency or other good and sufficient ..... is not a punishment and carries with it no evil consequences and so article 311 is not attracted. but even if the government has, by contract or under the rules, the right to terminate the employment without going through the procedure prescribed for inflicting the punishment of dismissal or removal or reduction .....

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Dec 15 1966 (HC)

Ude Bhan and ors. Vs. Kapoor Chand and ors.

Court : Punjab and Haryana

Decided on : Dec-15-1966

Reported in : AIR1967P& H53

s.b. capoor, j.1. the following three questions have been referred to the full bench by the order of the division bench dated the 14th february, 1964:(1) if out of the main residential house belonging to a non-agriculturist judgment-debtor a portion of it is let by him to tenant (s), is the whole house deemed to be in his occupation within the meaning of section 60(1)(ccc) of the code of civil rocedure?(2) if any building attached to the main residential house belonging to and occupied by non-agriculturist judgment-debtor is let out to a tenant, will that portion be considered to be in his occupation within the meaning of the above provision?(3) does it make any difference if the letting is not voluntary, but the result of the order of a competent authority, e.g. of a requisitioning or the rehabilitation authority?2. these questions arise in three appeals from execution proceedings .. .. .. executionsecond appeal no. 450 of 1963, execution second appeal no. 812 of 1963 and letters patent appeal no. 120 of 1963. the facts of the cases giving rise to these appeals have been given in the referring order and it is only necessary to notice them briefly. in e. s. a. no. 450 of 1963, the judgment-debtor is chandi ram against whom kapur chand respondent obtained a money decree in execution of which he got attached a chaubara and a room in the house in dispute. this house was before the partition of the country muslim evacuee property and in 1959 chandi ram had obtained proprietary .....

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Dec 05 1966 (HC)

Jaswant Singh Vs. the Excise and Taxation Officer (Assessing Authority ...

Court : Punjab and Haryana

Decided on : Dec-05-1966

Reported in : [1967]19STC297(P& H)

..... then he has to approach the manufacturer for the supply of those bricks. it can, therefore, be said that there is complete freedom of contract except that the consumer has to obtain a permit from the appropriate authorities and that it is not these authorities which send direct orders or ..... consequently held that the transactions of despatches of sugar by the assessees pursuant to the directions of the controller were not the result of any contract of sale and the manufacturers acting under the control order were left with no volition. the manufacturer could not decline to carry out the ..... edition of his work on 'sale' :to constitute a valid sale there must be a concurrence of the following elements, viz., (1) parties competent to contract; (2) mutual assent; (3) a thing, the absolute or general property in which is transferred from the seller to the buyer; and (4) a ..... transfer 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 contract but did not include a mortgage, hypothecation, charge or pledge. the material clauses of the order concerning sugar, inter alia, were that the producers ..... 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, but does not include a mortgage, hypothecation, charge or pledge.4. in new india sugar mills ltd. v. commissioner of sales tax, bihar .....

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May 12 1966 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Smt. Gurdev Kaur and ...

Court : Punjab and Haryana

Decided on : May-12-1966

Reported in : AIR1967P& H486; [1967]37CompCas577(P& H)

..... to clause (b) of sub-section (1) of section 95 ' are carried for hire or reward ' or ' are carried by reason of or in pursuance of a contract of employment' go with the word ' passengers ' and not with the word ' vehicle '. if these words were to be read with the word ' vehicle ', the reading ..... a passenger. but such cases must be rare. the most probable case is where the man killed or injured was on the vehicle in pursuance of a contract, not with the owner of the vehicle but with some one else, for instance, with, the person whose goods were being carried on the vehicle; ..... be justified. i think the act is dealing with persons who are on the insured vehicle for sufficient practical or business reasons, and has taken a contract of employment in pursuance of which they are on the vehicle as an adequate criterion of such reasons. but there is no sufficient ground for holding that ..... be further discussed here. but the meaning of the other head is that on which the dispute here has turned.i cannot accept the respondents' contention that 'contract of employment ' should be construed in the act as subject to the implied limitation ' with the person insured by the policy'. such a departure from the ..... . .(ii) except 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, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from .....

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Oct 25 1966 (HC)

K.R. Erry and anr. Vs. State of Punjab Through Chief Secretary to Govt ...

Court : Punjab and Haryana

Decided on : Oct-25-1966

Reported in : AIR1967P& H279; (1969)ILLJ679P& H

..... . reference has only been made to rule 3.8 falling under sub-heading 'c.-- beginning of service'. according to this rule, unless it is otherwise provided by special rule or contract, the service of every government servant begins to qualify for pension when he takes charge of the post to which he is first appointed. the note underneath does not concern .....

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Mar 16 1966 (HC)

Gulzari Lal Vs. Dewan Chand

Court : Punjab and Haryana

Decided on : Mar-16-1966

Reported in : AIR1967P& H21

..... to the government. the division bench (dua and mahajan, jj.) held that unless the original tenancy created by the managing officer was determined and a new tenancy created by a contract between the original tenant of the government and the intended transferee, there could be no 'lawful letting.'13. if that view is correct the plaintiffs cannot eject the tenants in .....

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May 26 1966 (HC)

Swami Jai Ram Chela Sarju Das Vs. Hari Singh

Court : Punjab and Haryana

Decided on : May-26-1966

Reported in : AIR1967P& H159

..... , whether it is a tenancy for life or a permanent tenancy must ultimately depend upon the terms of the contract itself. the note of caution sounded by the supreme court in that case is that in construing the terms of such contract the courts must look at the substance of the matter and decide what the parties really intended to do and .....

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Oct 19 1966 (HC)

Jamil Ahmad Vs. Bharat Bhusan Sibal

Court : Punjab and Haryana

Decided on : Oct-19-1966

Reported in : AIR1967P& H259

..... the premises are to be vacated a fifteen days notice will be required. 'section 106 of the transfer of property act reads as follows:'106. in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable ..... . the period of notice is retained in the contract to be fifteen days as in section 106. no provision is made about the date on which the notice of ejectment should ..... month of the tenancy. there is no doubt that both the requirements of section 106, quoted above, are subject to a contract or local law or usage to the contrary. all that this means is that parties may by contract provide for a different period of ejectment and may also provide in addition that notice of ejectment may not end with a ..... month of the tenancy. in the instant case clause (8) of the letter exhibit p. 1 does not contain a contract to the contrary on either of the two counts .....

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