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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1971 Page 1 of about 15 results (0.054 seconds)

May 20 1971 (HC)

Karnal Distillery Company Ltd. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-20-1971

Reported in : AIR1972P& H210

..... notice of cancellation of license of the petitioner-company, the licensing authority in terms of condition no. 9 of the license which as earlier discussed, is a term of contract between the licensee and the licensing authority, has discontinued the right of the petitioner-company to manufacture liquor. the respondents are in no way depriving the petitioner of his property ..... their applicability cannot be attracted unless the relevant statutory provisions point out in the direction of necessity for their being invoked. condition no. 9 which is a term of contract deals with service of notice for determination of license does not even remotely suggest any idea of any such obligation being cast upon the licensing authority.while considering for continuity ..... of cancellation of an earlier order passed by an authority subordinate to the licensing authority is not at all involved. it is on the terms of the condition of the contract that a notice, which is purely administrative notice without requiring any explanation from the petitioner-company was issued admittedly in terms of that condition. by service of notice under ..... notice. there is no statutory provision in the act or the rules made thereunder controlling the exercise of power of the financial commissioner while taking action under the term of contract. the demand of the petitioner-company for being heard ignores to take into consideration the nature of the power exercised. the power for termination of license having been exercised .....

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Aug 03 1971 (HC)

Jagatjit Distilling and Allied Industries Ltd. Vs. the State

Court : Punjab and Haryana

Decided on : Aug-03-1971

Reported in : [1971]28STC709(P& H)

..... the total quantity of full strength and variety, sizes, grades and strength to the discretion of the permit-holder, but that does not bring about a contract between the permit-holder and the distillery. the distillery is bound to supply the liquor mentioned in the permit. in our opinion, this case is more ..... mere fact that the distillery-holder may give some discount to attract a purchaser to obtain permits on its distillery does not mean that there is a contract between the distillery and the purchaser in the matter of sale of liquor. it is still open to the authorities not to give a permit on ..... the 8th edn. 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 price ..... was made to certain decided cases wherein it was held that the packing material had not become an integral part of the product entrusted in the works contract and, therefore, its price was liable to sales tax. in the present case, the sales tax tribunal on this matter came to the following conclusion ..... a taxable sale, and that burden is not discharged by merely showing that property in goods which belonged to the party peforming service or executing the contract stands transferred to the other party', and the principle that was enunciated in this case is to be found at page 256 of the report: in .....

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Feb 12 1971 (HC)

The Regional Transport Authority, Patiala and anr. Vs. Gurbachan Singh

Court : Punjab and Haryana

Decided on : Feb-12-1971

Reported in : AIR1972P& H5

..... procedure prescribed in section 57, in the matter of grant of temporary permits, the other provisions specifically dealing with the grant of stage carriage, contract carriage and public carrier's permits, have also been excluded by necessary implication. these provisions are in three sets, sections 46 to 48, sections ..... procedure with regard to the other types of permits is more or less analogous and reference need only be made to section 50, re: contract carriage permits and section 55, re: public carrier's permits. there is no such analogous provision regarding private carrier's permits and obviously so ..... 42 to 45 deal with general provisions, whereas sections 46 to 48 specifically deal with 'stage carriage permit'. sections 49 to 51 deal with 'contract carriage permit', sections 52 and 53 deal with 'private carrier's permit' and sections 54 to 56 deal with 'public carrier's permit'. ..... means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes the motor cab contract carriage, and stage carriage'. the provisions dealing with the grant of regular and temporary permits are contained in chapter iv. this chapter starts with ..... section 2(20) defines a 'permit'. section 2(18) defines the 'motor vehicle'. ss. 2(3), 2(22), 2(23) and 2(29) define 'contract carriage', 'private carrier', 'public carrier' and 'stage carriage' respectively. 'public service vehicle' is defined in section 2(25) as under:--' 'public service vehicle' .....

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Apr 15 1971 (HC)

Guru Nanak Ex Servicemen Co-operative T.F. Society Group No. 2 and ors ...

Court : Punjab and Haryana

Decided on : Apr-15-1971

Reported in : AIR1972P& H83

..... a division bench of the nagpur high court held in shrikishanlal v. ramnath jankiprasad ahir, air 1944 nag 229, that the fact that the incidents of tenancy are governed by contract does not prevent a court of justice from applying equitable principles in regard to its enforcement. referring specially to the provisions contained in section 114 of the transfer of property .....

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Jul 26 1971 (HC)

Budh Ram Balak Ram and anr. Vs. the Dhuri Co-operative-cum-marketing-c ...

Court : Punjab and Haryana

Decided on : Jul-26-1971

Reported in : AIR1972P& H185

..... plaintiff society is, therefore, entitled to enforce its right to claim rendition of accounts. before adverting to the first proposition, section 23 of the indian contract act may be reproduced hereunder for facility of reference:--'23. the consideration or object of an agreement is lawful, unless it is forbidden by law; ..... as correct law that a partnership entered into to work a license issued under the cotton control order does not offend against section 23 of the contract act. in the circumstances of the instant case, we are, however, in agreement with the learned single judge that the parties are not in ..... was not for the purpose of working the license. it was further contended that the partnership even for working the license could not make the contract of partnership in question void under section 23.the courts below had come to the conclusion that the plaintiff had settled the account and this finding ..... constituted under exhibit p. 1 for carrying on illegal business activities, was, therefore, void as it was hit by section 23 of the indian contract act. in the second appeal preferred on behalf of the plaintiff, it was contended before the learned single judge that the object of partnership was only ..... to work a license issued in the name of a partner is, therefore, obviously illegal and such a contract is void being hit by section 23 of the contract act. to permit the contract to take effect would be defeating the provisions of the cotton control order and if the matter were to .....

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Jul 27 1971 (HC)

Punjab State Vs. K.K.K. Mills

Court : Punjab and Haryana

Decided on : Jul-27-1971

Reported in : AIR1973P& H26

..... . 6, in terms of which the disputes between the parties are referable to arbitration. the document of letter of supply, exhibit p.1 is one consolidated document. the terms of contract exist on either side of it. it is very difficult to accept the view taken by the trial court that the general conditions mentioned overleaf had not been separately signed ..... on both the issues are unsustainable.6. the trial court has taken the view that since the respondent appended his signature in token of the acceptance of the terms of contract of supply of goods only on the first page and did not sign on the next page, the respondent could not be aware of the general conditions printed on the ..... parties to arbitration is not binding on the respondent.7. shri d. n. awasthy appearing on behalf of the respondent contended that the various terms of the contract having been performed and the contract of supply of goods having fully executed, no dispute survived between the parties and consequently under condition no.6 of the general conditions, nothing could be referred to ..... arbitration. even if a contract has been executed, there may arise a dispute between the parties pertaining to the non-compliance with the terms of contract entered into between the parties. in the present case, the case of the appellant is that there was belated supply .....

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Dec 21 1971 (HC)

Mulkh Raj Krishan Kumar and Co. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-21-1971

Reported in : AIR1973P&H62

..... the deputy commissioner to take action under rule 11.10. the latter accepted t's tender. it was held that the subsequent action of the deputy commissioner in granting the contract to t was wrong because the arbitrary improvisation of an ad hoc procedure to meet the exigencies of a particular case adopted in the secrecy of an office cannot be ..... under:--'36(24) when a licence has been cancelled, the collector or any gazetted officer authorised by him in this behalf may resell it by public auction or by private contract in accordance with the procedure laid down in this rule and any deficiency in the license fee and all expenses of such resale or attempted re sale shall be recoverable ..... and the contract was knocked down in his favour subject to formal confirmation by the deputy commissioner. the fourth respondent t was present at the auction but did not bid. instead of that ..... 1954 sc 592). in that case, the appellant g. and the fourth respondent t were rival liquor contractors for the sale of a liquor contract for the year 1953-54 in the state of mysore. the contract was auctioned by the deputy commissioner under the authority conferred upon him by the mysore excise act, 1901. the appellant's bid was the highest .....

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Jul 15 1971 (HC)

Garib Singh Kishan Singh Vs. Harnam Singh Kishan Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-15-1971

Reported in : AIR1972P& H99

..... was one and indivisible, the specification of the shares in the sale-deed being merely an arrangement among the purchasers inter se, which did not affect the vendor, who had contracted to take the purchase money for the whole land and could not have been compelled to sell to one or other of the vendors his specified share on payment of .....

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Apr 02 1971 (HC)

Joginder Singh Surmukh Singh Vs. Smt. Balkaran Kaur

Court : Punjab and Haryana

Decided on : Apr-02-1971

Reported in : 1972CriLJ93

..... , where award has been accepted as final and conclusive between the collector and that person interested that the award can be regarded as offer from the collector resulting in binding contract but in cases, in which application has been made by an interested person dissatisfied with the award seeking to have it at par as for that purpose undoubtedly they are ..... of the property, then the making of the award as properly understood must involve the communication of the offer to the; party concerned. that is the normal requirement under the contract law and its applicability to cases of award made under the act cannot be reasonably excluded. thus considered the date of the award cannot be determined solely by reference to ..... an offer made on behalf of the government, their lordships observed that the communication of the offer to the party concerned was essential, it being the normal requirement under the contract law. it was in this context that the following observations were made:thus considered the date of the award cannot be determined solely by reference to the time when the .....

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Mar 25 1971 (HC)

Amar Singh Modi Lal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Mar-25-1971

Reported in : AIR1972P& H356

..... petitioners have not executed any contract or agreement of the nature above said they are not liable for the payment of any royalty.54. with disarming fairness mr. j. n. kaushal ..... 44 in this regard which regulate the grant of contract by auction or tender or provide for the conditions of mining lease and the grant of short term permit. it is plausibly argued that as the ..... concession rules, 1964, the royalty can be levied only in connection with a mining lease. in substance the argument is that unless there is a subsisting contract between the petitioners and the state government, no question of levying royalty under the rules can arise. reference is made to rules 28, 37 and ..... of limitation or expansion according to the intention in which it is used and its primary signification can always be enlarged if that is the intention of the contracting parties or the legislature.'49. in the punjab minor minerals rules, promulgated in 1934, the extended meaning of the word 'minerals' was given as follows ..... brick-earth within its ambit. it is first to be kept in mind that herein we are not construing a private deed or grant or a contract but a statutory provision. therefore the short answer to the above argument is that in the present case we are construing statutory legislation and the words .....

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