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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1983 Page 1 of about 16 results (0.034 seconds)

Jan 20 1983 (HC)

Oriental Fire and General Insurance Co. Limited Vs. Harbans Kaur and o ...

Court : Punjab and Haryana

Decided on : Jan-20-1983

Reported in : [1986]59CompCas25(P& H)

..... cas 28(p & h) [fb], where it was held that the very cornerstone of a contract of insurance was the principle of indemnity and thus under the general law, no right would accrue to any third party under such a contract. in a contract of insurance, privity of contract was strictly between the insurer and the insured and, therefore, under the general law, in a ..... insured. with this being the correct legal position, there can be no escape from the view that on the death of the insured, the liability of the insurer under the contract of insurance must come to an end.13. in dealing with this matter, the provisions of section 102 of the m.v. act must now be adverted to. they provide ..... by the authorities referred to above cannot be subscribed to and 1 am, with respect, constrained, therefore, to take a contrary view.12. the matter regarding the nature of a contract of insurance came up for consideration before the full bench in oriental fire and general insurance co.'s case [1982] plr 280; air 1982 p & h 267 ; [1984] 55 comp .....

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Aug 23 1983 (HC)

Teja Singh Vs. Ram Parkash Talwar and ors.

Court : Punjab and Haryana

Decided on : Aug-23-1983

Reported in : AIR1984P& H95

..... of his client to that effect. in my opinion, therefore, it must be held that the transferee was willing to perform his part of the contract.' the first appellate court was of the opinion that the appellant was required to prove that he had always been ready and willing to perform his ..... defendant took a plea that he was in possession of the property in part performance of the contract and therefore, protected under s. 53a. in appeal, an offer was made by this counsel to deposit the balance amount. the court held that the defendant ..... the balance amount was on account of arithmetical calculation. from the aforesaid circumstances, i feel convinced that the appellant is willing to perform his part of the contract. a simi1ar matter came up before the mysore high court in nanjedevaru v. h. v. rama rao, air 1959 mys 173. in that case, the ..... therefore, i am of the opinion that the finding of the courts below that the appellant was in possession of the land in part-performance of the contract is unassailable.7. now, it is to be seen whether the transferee had done some act in furtherance of the agreement. the agreement for sale was ..... learned counsel. in order to determine the question, it is necessary to read s. 53a, which is as follows:'53a. part-performance.--where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be .....

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May 03 1983 (HC)

Manohar Lal and anr. Vs. Surjan Singh and anr.

Court : Punjab and Haryana

Decided on : May-03-1983

Reported in : AIR1983P& H393; (1990)98PLR479

..... .12. reference may also be made to the 'explanation' to r. 3. this in terms deals with regard to agreements or compromises which may be void or voidable under the contract act. obviously, this explanation would have no reference to the 'satisfaction' of the plaintiff of the second part of the rule and is applicable only to the first pertaining to ..... deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment. (explanation.---an agreement or compromise which is void or voidable under the indian contract act, 1872(9 of 1872), shall not be deemed to be lawful within the meaning of this rule.). s. 3a.----no suit shall lie to set aside a decree on ..... words 'lawful agreement or compromise' in r. 3 have given rise to a conflict in the matter of interpretation. one view is that agreements which are voidable under s. 19a. contract act, are not excluded. while this stand has been taken by the high courts of allahabad, calcutta, madras and kerala, a contrary view has been expressed by the high courts .....

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Aug 25 1983 (HC)

Kashmir Lal and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Aug-25-1983

Reported in : AIR1984P& H87

s.s. sandhawalia, c.j.1. whether publication in the official gazette is the sine qua non of a notification envisaged under section 4 of the land acquisition act, 1894 is the core question in this reference to the full bench.2. the respondent-state of punjab framed a draft notification on feb. 28, 1980, for the purposes of the acquisition of land measuring 30 kanals 13 marlas for the public purpose of the construction of a 130 k. v. sub-station at bhogpur. it would appear that before the said draft notification could be published in the gazette, an entry was recorded in the roznamcha on mar. 19, 1980 to the effect that publication by beat of drum had been done in the locality by the chaukidar that any owner having any objection with regard to the acquisition could file objections against the same within 30 days up to mar. 29, 1980. (sic) latter, on mar. 21, 1980, the notification was published in the official gazette wherein also it was directed that objections could be filed within 30 days of the publication of the said notification in writing before the land acquisition collector of the state electricity board, patiala.3. the present writ petition was preferred to challenge the aforesaid acquisition primarily on the around that there had been no public notice of the substance of the notification published in the gazette either simultaneously or thereafter, and indeed herein the admitted position being that the purported publication within the locality had been done two days .....

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Sep 13 1983 (HC)

Jullundur Improvement Trust, Jullundur Vs. Kuldip Singh

Court : Punjab and Haryana

Decided on : Sep-13-1983

Reported in : AIR1984P& H185

..... that the plaintiff should have obtained the orders in writing from the engineer in charge and got the extra rate settled under clause 12 of the contract, which reads-'the engineer in charge shall have power to make any alternations in, or additions to the original specification, drawing, designs and ..... cancelled in the present case in accordance with the general policy decision taken more than a year earlier. the appellant's witnesses were carrying on contract business, but they had not been able to produce or prove any indent form issued by the respondent-trust after the general policy decision ..... to be filed and for making an order of reference to the arbitrator which, according to the learned counsel, was provided in the condition of contract, exhibit p. 6. in the written statement filed on behalf of the defendant in those proceeding it was totally denied and it was asserted that ..... the final bill was prepared accordingly. the furnishing of the final certificate by the engineer in charge is required under clause 6 of the conditions, of contract, exhibit p. 6, and is meant for a, deterrent purpose. besides, as already observed, the plaintiff never claimed the suit amount in the ..... taken as recorded in, measurement book no. 44. the further certificate that the work had been duly completed according to the terms of the contract and that the measurements and other calculations entered into the bill were correct was necessary only for the purpose of 'making the payment of the final .....

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Aug 09 1983 (HC)

Sikandar Lal Vs. Amrit Lal

Court : Punjab and Haryana

Decided on : Aug-09-1983

Reported in : AIR1984P& H133

..... controller must determine the terms of the oral or the documentary evidence established on the record regarding the specific original purpose of the lease. the lease deed or the established contract on the point of the specific original purpose has then to be precisely construed with regard to its scope and what can reasonably come within its terms. once this is .....

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Oct 18 1983 (HC)

Dainik Finance and Chit Fund Co. P. Ltd. (In Voluntary Liquidation) Vs ...

Court : Punjab and Haryana

Decided on : Oct-18-1983

Reported in : [1986]60CompCas180(P& H)

..... limitation regarding all the debts from july 7, 1978, or regarding that debt towards which the repayment would be deemed to have been made. sections 59 to 61 of the contract act relate to appropriation of payments made by a debtor to his creditor. the debtor has a discretion under section 59 to make payment to be applied to the discharge ..... the petitioner to appropriate the payment towards any particular debt, nor did the creditor apply it towards any debt(s). in this situation, the amount, under section 61 of the contract act, shall be deemed to have been applied in the discharge of the debt(s) in order of time. mr. narang has urged that a balance had been struck by .....

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Sep 20 1983 (HC)

Sunder Lal JaIn Vs. Sandeep Paper Mills P. Ltd. and ors.

Court : Punjab and Haryana

Decided on : Sep-20-1983

Reported in : [1986]60CompCas77(P& H)

..... of the court. in this regard, reference may be made to lallan prasad v. rahwat ali, air 1967 sc 1322, wherein it is observed that under section 176 of the contract act, in case of default by the pawner, the pawnee has the right to sue upon the debt and to retain the goods as collateral recurity or to sell the .....

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Nov 10 1983 (HC)

Troks Pharmaceuticals Private Ltd. Vs. Excise and Taxation Officer and ...

Court : Punjab and Haryana

Decided on : Nov-10-1983

Reported in : [1984]57STC240(P& H)

..... purchases of medicines through approved sources up to a limit of rs. 60,000. even the medical superintendents of e.s.i. hospital are debarred from making purchases from rate contracting firms without approval of the state government. these factors, when considered together, go to show that, as a matter of fact, the state government is the purchaser of the medicines ..... the hospitals, including e. s. i. hospitals up to rs. 50,000. in this very letter, vide clause (v), they were directed not to effect any purchase from the rate contracting firms without the prior approval of the state government. this applies to the medical superintendents of the e.s.i. hospitals also.20. the state of rajasthan in its return ..... the agents of the corporation. the goods purchased by the state governments are used and distributed to various hospitals run by them. it was averred that there was privity of contract between the company and the respective purchasing state governments. the very fact that the state governments reimburse the corporation towards the expenses in certain ratio, would show that the purchases ..... the company are that it had sold the medicines to the state governments through their officers. the orders were placed by these officers of the state governments. the privity of contract was with the state governments and not with the corporation. the payment for the goods purchased was made by the state governments from the consolidated fund. right of rejection was .....

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Mar 21 1983 (HC)

Shila Wanti and ors. Vs. R.H. Kishore Chand and ors.

Court : Punjab and Haryana

Decided on : Mar-21-1983

Reported in : AIR1984P& H35

..... such case permits, all rules under o. 30 shall apply accordingly. r. 4 of o. 30. civil p. c. provides that notwithstanding any-thing contained in s. 45 of the contract act, 1872. where two or more persons may sue or he sued in the name of a firm under the foregoing provisions and any of ouch person dies. whether before .....

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