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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1982 Page 1 of about 18 results (0.036 seconds)

Jan 05 1982 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Decided on : Jan-05-1982

Reported in : AIR1982P& H267; [1984]55CompCas28(P& H)

..... , that aspect of the matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable, then the insurer is ..... remedies against a person primarily liable for the loss.'now the statutory definition of a contract of indemnity is in the following terms in s. 124 of the contract act:--'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by ..... entitled to make a profit (out?) of his loss.'6. equally authoritative is the following enunciation of law in leake on contracts:--'insurance is a contract of indemnity only; consequently, an insurer of property, upon payment of the amount due under the contract, is subrogated to the assured, that is, is considered in equity as standing order in the place, and may pursue his ..... the provisions of the m. v. act, 1939 (hereinafter referred as 'the act').5. at the very threshold, the true nature of the contract of insurance deserves highlighting. that the very corner stone thereof is the principle of indemnity is now so well settled that it would be wasteful to elaborate this aspect. it suffices to recall the following from the authoritative .....

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Jul 29 1982 (HC)

New India Assurance Co. Ltd. Vs. Col. Gurcharan Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-29-1982

Reported in : [1986]59CompCas15(P& H)

..... which appears to have been introduced with a view to prevent the insurers from seeking to avoid liability unless they have affirmatively declined to agree to the novation of the contract of indemnity. the sole purpose of informing the appellant about the transfer of the truck, vide letter, ex. r 5, was to seek its reaction to the transfer of the insurance .....

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Sep 09 1982 (HC)

Gurpreet Singh Sidhu and ors. Vs. Punjab University, Chandigarh and or ...

Court : Punjab and Haryana

Decided on : Sep-09-1982

Reported in : AIR1983P& H70

s.s. sandawalia, c.j.1. the larger question that looms in this set of three civil writ petitions is--whether a writ of certiorari lies against a privately owned and privately managed medical college and hospital? inevitably, at issue is the validity of the somewhat wide ranging observations in this context by the division bench in karan singh v. kurukshetra university, ilr (1976) 2 punj & har 859. equally significant is the question--whether private institutions imparting higher medical education are instrumentalities or agencies of the state--which had also come to the force in the hearing of this reference of the full bench.2. the terra firma of the factual matrix giving rise to the aforesaid issues (which are otherwise pristinely legal) may be taken from the averments in c. w. p. no. 3480 of 1981(gurpeet singh v. punjab university etc. the managing society of the daya nand medical college and hospital--respondent no. 2, is admittedly a private institution registered under the societies registration act. it is not in dispute that it is a charitable religious society privately managing the daya nand medical college and hospital, which is claimed to be a minority institution protected by the constitution. another similar organisation is that of the christian medical college and hospital also located at ludhiana. the 20 writ petitioners who are students seeking admission to the daya nand medical college (hereinafter called 'the medical college', aver that in the prospectus .....

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Nov 23 1982 (HC)

Bhagat Singh and Vs. Om Sharma and ors.

Court : Punjab and Haryana

Decided on : Nov-23-1982

Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)

..... first description covers accident insurance and also many forms of pensions and similar benefits provided by employers. in those cases it is immaterial that, by subrogation or otherwise, the contract may require a refund of moneys paid, or an adjustment of future benefits, to be made after the recovery of damages. the second description covers a variety of public charitable ..... that they are the deferred fruits of satisfactory service, industry, thrift, contributions and foresight of the employee. equally, these may be the necessary incidents of statutory service rules, employment contracts, or beneficent legislation rooted in the employment of the deceased. to attribute these payments entirely to the fortuitous circumstances of the accident and the resultant death, appears to me as ..... public policy.11. now once it is held that considerations of public itself required that insurance benefits arising from the thrift, fore-sight, and the premia paid under the contract of insurance by the injured or deceased persons ore to be excluded from consideration, i fail to see how these very principles would not be stricto sensu applicable within ..... -railway. rejecting such a stand, pigott, b., observed :--'.........there would be no justice or principle in setting off an amount which the plaintiff has entitled himself to under a contract of insurance, such as any prudent man would make on the principle of, as the expression is 'laying by for a rainy day' is true that there must .....

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Feb 01 1982 (HC)

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Decided on : Feb-01-1982

Reported in : AIR1982P& H480

..... by that section. the form of the words used may be regarded merely as a convenient method of repealing inconsistent provisions of such statutes as the interest act or the contract act without making any express reference thereto.'29. the final court is equally emphatic and on the high authority of chief justice patanjali shastri, c. j., in aswini kumar v ..... relations of the vendors, as would be clear from section 17 itself, which is in the following terms :'17. notwithstanding anything to the contrary contained in any law, usage or contract, and subject to the provisions of section 18, tenant of land-owner other than a small land-owner, (i) who had been in continuous occupation of the land comprised in .....

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Oct 06 1982 (HC)

The Chandigarh Administration and ors. Vs. Surjit Kesar

Court : Punjab and Haryana

Decided on : Oct-06-1982

Reported in : AIR1983P& H142

s.s. sandhawalia, c.j.1. whether a temporary licence for a 'touring cinematograph' granted under section 5 of the punjab cinemas (regulation) act, 1952 and the rules framed thereunder, is essentially transient and migratory in nature--comes to be the spinal issue in these two connected appeals under clause x of the letters patent preferred by the chandigarh administration.2. the issues of fact and law being admittedly common, the factual matrix may be picked from l. p. a. no. 978 of 1982, chandigarh administration & others v. surjit kesar.3. mani majra is a populous village lying on the outskirts of the town area of the chandigarh city, but within the union territory. the respondent-writ petitioner surjit kesar secured a temporary licence (for six months in the first instance) for a touring cinematograph under rule 3 of the punjab cinema (regulation) rules, 1952(hereinafter called 'the rules') in january, 1977. the respondent-writ-petitioner's averments that the licence was given in pursuance of a policy decision and that an understanding was given to him by the district magistrate, chandigarh, have been categorically denied by the chandigarh administration as also the alleged claim that he had invested rs. 3,00,000/- in the venture. in pursuance of the temporary structure for exhibiting films known as the raj talkies. the said licence was extended from time to time till the 31st of dec., 1981. thereafter an extension was granted only for a period of three months expiring on .....

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Dec 08 1982 (HC)

State Bank of India Vs. Quality Bread Factory and ors.

Court : Punjab and Haryana

Decided on : Dec-08-1982

Reported in : AIR1983P& H244

..... to auction and in case that was insufficient to satisfy the amount of loan, it could bring further action against the defendants. section 176 of the contract act 1872, relates to the pawnee's right where pawnor makes default in payment. it reads as follows:--'if the pawnor makes default in payment of ..... right of the surety against the principle debtor is impaired by any action or inaction, which implies negligence appearing from lack of supervision undertaken in the contract the surety would be discharge under the combined operation of ss. 139 and 141 of the act. in any event, if the creditor loses ..... reads as follows :--' a surely is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract for suretyship is entered into whether the surety knows of the existence of such security, or not; and if the creditor loses or, without the consent ..... ac 56, it was explicity recognised that a pledgee may redeliver goods to the pledgor for a limited purpose, without the by losing his rights under the contract of pledge. finally, reference may he made to ex parte, hubbard, (1886) 17 qbd 690. which laid down that the general property in the ..... , to the pawnee. 'possession is an equivocal term; it may mean either mere manual possession, or the mere right to possession'. also see chitty on contracts, vol. ii. 21st edn. para 180 at page 73. constructive delivery will be adequate to constitute a pledge and it applies to all those cases where .....

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Apr 28 1982 (HC)

Radha Ram Vs. Municipal Committee

Court : Punjab and Haryana

Decided on : Apr-28-1982

Reported in : (1983)ILLJ163P& H

s.s. sandhawalia, c.j.1. the meaningful and the significant question culminating in this reference to the full bench has been formulated in the following terms:whether, in a suit for declaration, the civil court or the high court sitting in appeal or otherwise is competent to give any direction etc., for the payment of the arrears of pay as a result of the dismissal order having been declared illegal or without jurisdiction.manifestly, the issue aforesaid is pristinely legal, yet a brief outline of the matrix of facts giving rise thereto becomes inevitable.2. radha ram, appellant (in r.s.a. no. 402/1973) was appointed a moharrir on a permanent basis by the municipal committee of barnala on the 2nd january, 1965. however, by an order dated 27th july, 1966, the respondent - municipal committee terminated the appellant's services with immediate effect in pursuance of a government direction purporting to have been given under section 41 of the punjab municipal act (hereinafter referred to as the act). on the 10th july, 1969, the appellant instituted a suit for declaration that the termination order dated 27th july, 1966, was absolutely illegal, unconstitutional, without jurisdiction, null and void and that the appellant be deemed to be still in the service of the respondent municipality enjoying full rights and privileges of monthly salary, dearness and other allowances including annual grade increments already accrued or yet to accrue in future. this suit was strenuously .....

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Mar 05 1982 (HC)

Siri Chand and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Mar-05-1982

Reported in : AIR1982P& H424

s.s. sandhawalia, c.j. 1. whether the provisions of section 17 of the land acquisition act, 1894, are at all attracted to the exercise of the power under ss. 35 and 36 of the said act for the temporary occupation of land is the solitary though significant question which has necessitated the hearing of this writ petition by the division bench.2. learned counsel for the petitioners had expressly confined himself to the aforesaid pristinely legal issue and the facts relevant thereto are not at all in dispute. admittedly the respondent-state issued the impugned notification, annexure p-1, for acquiring land temporarily for taking earth for the construction of ring bund around village khudan in tahsil jhajjar, district rohtak, wherein they invoked the emergency powers under section 17 of the land acquisition act, 1894 (hereinafter called the act). aggrieved thereby the petitioners have preferred this writ petition to frontally assail the validity thereof.3. inevitably the controversy rages around the notification, annexure p-1, which is under strenuous challenge and it is, therefore, apt to quote the relevant part thereof :--'whereas the governor of haryana is satisfied below is needed urgently by the government at public expenses, for a public purpose, i.e., for acquiring land temporarily for taking earth for the construction of ring bund around village khudan in tehsil jhajjar, district rohtak. it is hereby declared that the land described in the specification below is required .....

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Nov 25 1982 (HC)

Surta Singh Vs. Pritam Singh

Court : Punjab and Haryana

Decided on : Nov-25-1982

Reported in : AIR1983P& H114

..... and only invests the court with the jurisdiction to grant to the alienee equitable relief of restoration of the benefits received by him under the revoked contract or alienation. so far as the alienation is concerned, the court cannot say that the same would be valid and effective in spite of the ..... and consequently the minor does not have the absolute right to avoid the alienation. the fallacy in the arguments is quite obvious. the avoidance of the contract or alienation becomes complete the moment the minor has exercised his volition and the court has no say in the matter. however, the court can ..... of another, whatever description she gave to himself, or others gave to her.' 'thus the act of the mother and guardian in entering into the contract of sale in the present case was an act done on behalf of the minor appellant .............' 'having regard to all the circumstances their lordships are of ..... srikakulam subrahmanyam v. kurra subha rao, air 1948 pc 95, their lordships were examining the question as to who was the real controversy in a contract for sale by the mother guardian on behalf of her minor son. it was held categorically as under :--'the position of a guardian under the hindu ..... in fact one which fully binds the other party. the minor can always avail the benefit thereof and after ratifying or accepting the same enforce the contract. such a transaction is perfectly valid until duly avoided by the minor. not only that precedent is unanimous that he can avoid the same only .....

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