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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1985 Page 1 of about 8 results (0.078 seconds)

Aug 26 1985 (HC)

industrial Finance Corporation of India and anr. Vs. Sehgal Papers Ltd ...

Court : Punjab and Haryana

Decided on : Aug-26-1985

Reported in : AIR1986P& H21

..... because those title deeds were given to the corporation while creating equitable mortgage'.i am in respectful agreement with the above observation.62. lastly, mr. jain has contended that the contract between the petitioners-institution and the respondent-company stands frustrated and, therefore, the former is not entitled to recover the amount.63. there is no merit in this submission also ..... whether there had been substantial performance it was relevant to take into account both the nature of the defects and the proportion between the cost of rectifying them and the contract price....... ; (ii) on the judge's findings the defects in the central heating system were such that, when installed, it did not perform effectively the function which it was intended ..... institution to serve a notice in case there is possibility of initiation of liquidation proceedings against an industrial concern or if it fails to comply with the terms of the contract. in the present case, as already discussed above, not only proceedings for liquidation were initiated on a petition by creditor, but the respondent-company has been ordered to be wound ..... may be notice in writing require any industrial concern to discharge forthwith its liabilities to the corporation if the industrial concern had failed to company with the terms of its contract with the petitioners-institution in the matter of loan or advance, or if there is a reasonable apprehension that the industrial concern is unable to pay its debts, or that .....

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Sep 26 1985 (HC)

Prestolite of India Limited Vs. Union of Bank of India and ors.

Court : Punjab and Haryana

Decided on : Sep-26-1985

Reported in : AIR1986P&H64; 1995SCC(L&S)202

..... dismissed the plaintiffs suit with costs., the plaintiff filed an appeal in the supreme court. their lordships,. after consideration of the various rulings and interpreting the relevant provisions of the contract act remarked:'the pawnee therefore, can sue on the debt retaining the pledged goods as collateral security. if the debt is paid he has to return the goods with or ..... obtain a decree unless he was ready and willing to redeliver the goods pledged with him. the trial court rejected the defendants plea and held that there was no completed contract of pledge as he ha failed to deliver the goods sought to be pledged. on appeal by the defendant, the high court disagreed with the finding and set it aside .....

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Dec 02 1985 (HC)

Hari Mittal Vs. B.M. Sikka

Court : Punjab and Haryana

Decided on : Dec-02-1985

Reported in : AIR1986P& H119

..... a commercial purpose............... the provision of clause (k) of the proviso to sub-sec.(1) of s. 14 is something which has to be given effect to whatever the original contract between the landlord and the tenant.....'ratio of that case, in our opinion, is clearly applicable to the present case-the ratio of the decision being that if a residential ..... of s. 14(1) (c) and (k) of delhi rent act are reproduced below to facilitate reference:' 14(1). notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or controller in favour of the landlord against a tenant-- provided that .....

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Sep 27 1985 (HC)

Punjab State Electricity Board, Patiala Vs. Abnash Textile Trading Age ...

Court : Punjab and Haryana

Decided on : Sep-27-1985

Reported in : AIR1986P& H323

..... be successfully argued that in the absence of any regular document showing the entering into of the agreement of the parties, there was no completed contract between them. the plea of the defendant that no purchase order was given to the plaintiff was negatived by the trial court and no meaningful argument ..... board was a corporate body as provided under s. 12 of the electricity (supply) act, 1948 and, therefore, there could not be a completed contract between the parties unless the same was in writing and duly approved by the board. it was also contended that no letter of acceptance of the offer ..... . furthermore, the plaintiff did not deposit the security amount within four days as intimated to it. the defendant was therefore free to enter into any contract with any firm and as such the plaintiff was not entitled to any damages. on the pleadings of the parties, the trial court framed the following ..... to the manufacturer with whom it had entered into the agreement to manufacture the goods. the defendant resisted the suit on the allegations that no completed contract had come into existence between the parties. the telegram, if any, was neither a valid acceptance of the offer made by it, nor it amounted ..... trading agencies, ambala city, filed the suit for the recovery of rs. 1,00,000/- on account of the damages for the breach of the contract including the refund of the security amounting to rs. 36,000/-. according to the plaintiff, it was a partnership firm carrying on the business of retail .....

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Oct 18 1985 (HC)

Commissioner of Income-tax Vs. Maya Ram Jia Lal

Court : Punjab and Haryana

Decided on : Oct-18-1985

Reported in : (1986)53CTR(P& H)314; [1986]162ITR520(P& H)

..... damages and their acceptance by the aggrieved party is the dispute between the parties. the law, however, speaks of a settlement of the contract, and a contract is settled when it is either performed or the promisee dispenses with or remits, wholly or in part, the performance of the promise made ..... within the purview of 'speculative transaction'. the following opinion of law was furnished while deciding that case (at pp. 60 and 61):'is a contract for the purchase or sale of any commodity settled when no actual delivery or transfer of the commodity is effected, and instead, compensation is ..... were of the opinion that all the transactions and the disputes were settled long after the date of the (intended) delivery as contemplated in the contracts. therefore, the only material which was before the tribunal for not applying section 43(5) of the act was that the transactions in disputes ..... compensation paid for non-fulfilment of the contracts was treated as speculative in nature and was disallowed. on appeal, the assessee furnished before the appellate assistant commissioner the following details regarding the ..... -70, the income-tax officer found that the assessee paid a sum of rs. 62,060 to various parties as compensation for non-fulfilling contracts to supply goods to them. the income-tax officer came to the conclusion that since there was no written agreement between the parties, the .....

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Jan 16 1985 (HC)

Jagadhri Electric Supply and Industrial Co. Vs. the Haryana State Elec ...

Court : Punjab and Haryana

Decided on : Jan-16-1985

Reported in : AIR1985P& H103

..... 7 per cent interest. yet another act that deserves special mention for comparing with the aforesaid provision of the electricity act is the karnataka contract carriages (acquisition) act (21 of 1976). by this act almost all the contract carriages and their corresponding permits were acquired in the state. section 11 sub-section (1) which provided for the manner of payment of amount .....

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Dec 19 1985 (HC)

Harish Chand and ors. Vs. Kirpa Ram

Court : Punjab and Haryana

Decided on : Dec-19-1985

Reported in : AIR1986P& H277

..... parts of the said provision are reproduced hereunder--'tenant' means any person by whom or on whose account or behalf the rent of any premises, or, but for a special contract would be, payable, and includes-- (i)............................. (ii) any person continuing in possession after the termination of his tenancy; and (iii) in the event of the death of the person continuing ..... , which is in the following terms, came up for consideration:--'a person by whom or on whose account or behalf the rent of any accommodation is, or, but for a contract express or implied, would be payable for any accommodation and includes any person occupying the accommodation as a sub-tenant and also any person continuing in possession after the termination ..... statutory tenancy is thus completely obliterated by the rent control legislation. if a contractual tenant has an estate or interest in the premises which is heritable by virtue of the contract, a statutory tenant also has such heritable estate or interest as a result of the statute. in damadilal's case (supra) the definition of 'tenant' in s. 2(i) of .....

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Aug 09 1985 (HC)

Sukhdev Singh Dhindsa and anr. Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Aug-09-1985

Reported in : 1985CriLJ1739

prem chand jain, c.j.1. the petitioners have challenged through this petition the constitutional validity and the legality of the code of criminal procedure (punjab amendment) act, 1983 (hereinafter called the 'amendment act'). this act received the assent of the president of india on 3rd november, 1983, and was published in the gazette of government of punjab on 24th november, 1983. earlier to the enactment of the amendment act, the state of punjab had promulgated ordinance no. 3 of 1983 on 27th june, 1983. the provisions of the amendment act have come into force with effect from the date the ordinance was promulgated.2. in this petition, the main attack is on sections 4 and 11 of the amendment act, which read as under:4. notwithstanding anything contained in the code -(a) an executive magistrate shall, to the exclusion of any other magistrate, have power to take cognizance of and to try and dispose of cases relating to specified offences;(b) the executive magistrate shall to the exclusion of any other magistrate, exercise powers of remand under section 167 of the code in relation to the specified offences and for that purpose the said section 167 shall be so read as if the words 'executive magistrate' were substituted for the words 'judicial magistrate' or 'magistrate' and the words 'district magistrate' were substituted for the words 'chief judicial magistrate'. 11. after section 439 of the code the following section shall be inserted, namely.439a. notwithstanding anything .....

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