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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1987 Page 1 of about 8 results (0.028 seconds)

May 27 1987 (HC)

Labh Singh Vs. Sunehri Devi and ors.

Court : Punjab and Haryana

Decided on : May-27-1987

Reported in : II(1987)ACC282; AIR1988P& H149; [1989]65CompCas273(P& H)

..... of any express stipulation to the contrary in the policy the moment the insured parts with the car, the policy relating to it lapses. the insurance policy being a contract of personal indemnity, the insurer cannot be compelled to accept responsibility in respect of third party who may be quite unknown to them.'8. it was thus held that the position of ..... if the original policy-holder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurance cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him. mr. l.m. suri, counsel for ..... high court of madhya pradesh in balwant singh v. jhannubai, 1980 acc cj 126, where it was held, 'it is also well settled law that a contract of insurance is nothing but a contract of indemnity. the policy is with reference to a specified vehicle owned by the policy-holder and consequently the policy remains effective while the policy holder retains an interest ..... than what is set out in sub-sec.(2); that it cannot raise the defence that the policy has lapsed because of sale of vehicle; it cannot contend that its contract is with the transferor and, therefore, it is not liable to redeem the compensation payable by the transferee, as such defences are not contemplated under s. 96(2) of the .....

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Oct 20 1987 (HC)

Bimal Kaur Khalsa Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : Oct-20-1987

Reported in : AIR1988P&H95

d.s. tewatia, c.j. 1. petitioner smt. bimal kaur khalsa wife of sardar beant sing deceased. has through civil writ petition no. 3761 of 1986, question the vires of some of the provisions of the terrorist and disruptive activities (prevention) act, 1985. 2. the vires of some of the provisions of the said act have similarly been challenged through civil writ petitions nos. 1629 and 4074 of 1986 and criminal writ petitions nos. 827, 884 and 888 of 1996. 3. the provisions of the said act, the vires whereof had been challenged are section 3(2)(i). s. 7, s. 8. sub-section (2) of s. 9, sub-section (2). sub-sec: (2) and sub-section (3) of s. 13, s. 16 and cls. (a) and (b) of sub-sec.(2), sub-section (3). sub-section (4) and clause (b) of sub-section (5) of s. 17 of the act. 4. soon after the judgment in this case was reserved. the terrorist and disruptive activities (prevention ordinance. 1987 hereinafter referred to as the ordinance of 1987 was, promulgated, which came into force w.e.f. 24th may. 1987. this was brought to our notice. the case was relished for hearing. the petitioner expressed desire to amend the petition, so as to bring to challenge the relevant provisions. of the ordinance of 1987. the petitioner was permitted to file an amended petition, which she did and the respondent-union of india put in reply thereto. 5. the parties re-argued the case and the judgment was reserved. before the reserved judgment in the amended petition could be announced, the ordinance of 1987 .....

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May 14 1987 (HC)

Oswal Oil and Soap Industries and anr. Vs. Customs, Excise and Gold Co ...

Court : Punjab and Haryana

Decided on : May-14-1987

Reported in : 1987(13)ECC60; 1987(12)LC621(P& H); 1987(30)ELT876(P& H)

..... writ petition is not the forum to determine the rights of the parties under a contract.45. shri shanti bhushan also argued that on petitioners' representation, respondent no. 5 had changed its position to its detriment by refunding the excise ..... not claimed any relief against respondent no. 5 and in this writ petition, respondent no. 5 cannot seek any relief against the petitioners. whatever private contract exists between the petitioners and respondent no. 5, that can be enforced through the courts of the land by way of a civil suit. the ..... enrichment or equitable considerations.44. it was argued by shri shanti bhushan, learned counsel for respondent no. 5, that the petitioners had entered into a contract with respondent no. 5 and had received the excise duty from them; that by notification no. 201/79 ce dated 4.6.1979, the central ..... observations of the nagpur high court and held that no such equitable considerations can be imported when the terms of section 72 of the indian contract act are clear and unambiguous. their lordships approvingly referred to a decision of the privy council wherein the argument that a minor should be made ..... withdrew its contention of the payment of duty under protest. it was further contended that the petitioner and respondent no. 5 had entered into a contract that in the unlikely event of the above refund being granted to the petitioner, the petitioner shall have to pay the said refund to respondent no .....

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Jan 21 1987 (HC)

Sehgal Refrigerating Corporation Vs. National Fertilizers Ltd. and ors ...

Court : Punjab and Haryana

Decided on : Jan-21-1987

Reported in : AIR1988P& H66

..... india. respondent no. 2 addressed a letter to the director of mines & geology and referred to government policy for the encouragement of co-operative societies in connection with royalty collection contracts. the order of government dated april 1, 1964, after referring to. the appellant's offering the highest bid stated that the government was satisfied 'that the society, respondent no.2 ..... an overall consideration preferable to the higher tenderer. there must be some relevant reason for preferring one tenderer to another, and if there is, the government can certainly enter into contract with the former even though his tender may be lower but it cannot do so arbitrarily or for extraneous reasons.'17. another decision of the supreme court in state of ..... the tenders were invited for construction of a high level bridge. it was specifically mentioned in the tender notice that only specialized bridge contractors were eligible for allotment of the contract m question. it was also mentioned that the tender forms were to be issued only to those contractors who were bridge builders of proven experience and competence and that too ..... was not done which had caused serious prejudice to the appellant. it was not disputed that the appellant had the capacity of supplying pasteurized milk and had already been having contracts for supply of milk with the concerned govt. department for quite a considerable time. (iii) if the tender form submitted by any party is not in conformity with the conditions .....

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Feb 09 1987 (HC)

Surjeet Singh Vs. Kartar Singh and anr.

Court : Punjab and Haryana

Decided on : Feb-09-1987

Reported in : AIR1988P& H53

..... force in this submission explanation 1 to s. 20(2) of the act makes it clear that mere inadequacy of consideration or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) a ..... appellant., besides the appellant in his written statement, while denying that respondent no. 1 was ready and willing in the past to perform his part of the contract, stated that his willingness now to do so was of' no consequence. in view of this averment, i find that it was not necessary for respondent no ..... make it clear that the appellant tried to keep respondent no. 1 in dark did not give him the opportunity to perform his part of the contract by making payment of one-half of the balance amount of the price of the plot and instead himself deposited the amount on 4-8-1972 and ..... p-l) through this counsel to the appellant, wherein respondent no. 1 categorically stated that the was ready and willing to perform his part of the contract that according to the decision of the financial commissioner the appellant had to deposit the amount of the plot after he was intimated of the price etc. ..... his application for amendment.10. learned counsel for the appellant then contended that respondent no. i was not ready and willing to perform his part of the contract relying on dhanna singh v. malkiat singh, 19t33 plr 275, he submitted that he was required to plead and prove that he had money at his disposal .....

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Oct 26 1987 (HC)

Ravi Kumar Mehra Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Oct-26-1987

Reported in : (1988)67CTR(P& H)162; [1988]172ITR108(P& H)

..... chandulal harjiwandas v. cit : [1967]63itr627(sc) is misplaced. in that case, the revenue had disallowed the claim for deduction of life insurance premia on a strict interpretation of the contract of insurance. the final court held that the claim of the assessee was admissible. it was observed that the object of enacting section 15(1) of the indian income-tax .....

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May 01 1987 (HC)

Parkash Singh Badal and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : May-01-1987

Reported in : AIR1987P& H263

..... he entitled to bind himself to subordinate his opinions on public questions to others, for wages, or at the peril of pecuniary loss; and any contract of this character would not be recognized by a court of law, either for its enforcement or in respect of its breach. accordingly, as it is ..... not himself to be in the possession of his freedom in vote, advice, and action--not to be free, but to be found, bound under a contract, to submit these, for salary and at peril of loss, to the judgment of others. locke clearly discerned the interrelation of these two things. the ..... motives, including notably those of sycophancy or fear. but when the law is appealed to lend its authority to the recognition and enforcement of a contract to procure subjection of the character described, with the concurrents of money payments and the sanctions of fines or forfeitures, the law will decline such recognition ..... shaw made the above quoted observations. a contract or undertaking to bind himself to the mandate of any society in consideration of pecuniary help in the context of election would certainly be void being ..... validity of the levy in the alternative was challenged on the ground that a candidate after election would not be bound by any undertaking or a contract imposing a mandate on his conduct as a member of the parliament for pecuniary considerations. it was on this aspect of the matter that lord .....

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Jun 05 1987 (HC)

Lakhmi Chand Vs. Sarla Devi

Court : Punjab and Haryana

Decided on : Jun-05-1987

Reported in : AIR1988P& H146

order1. the petitioner filed a suit under s. 6(1) of the specific relief act. 1963(for short 'the act') for possession of the premises in dispute alleging that he was in occupation thereof as a tenant and the respondent took its possession illegally in his absence on april 21, 1982. the suit was decreed on jan. 18, 1985 and the revision against the decree also failed. thereafter, the respondent filed the present suit under s. 6(4) of the act for a declaration that she was in lawful possession of the premises in dispute as owner and far perpetual injunction restraining the petitioner from dispossessing her. along with the suit, she also filed an application under o. 39, rr. 1 and 2 of civil p.c. for the grant of an ad interim injunction restraining the petitioner from interfering with her possession during the pendency of the suit, which was accepted by the trial court and status quo ordered to be maintained. having failed in the appeal as well, the defendant has come up in this revision.2. the lower appellate court, for its view that an ad interim injunction restraining the defendant from executing the decree can he granted, has relied on two decisions; one of allahabad high court in chunni v. sullahar, air 1972.a11 418 and another of gujarat high court in mahommad hussain suleman shaikh v. batukhhai valjibhai, air 1984 guj 66. for holding that a prima facie case exists in favour of the plaintiff, it observed that even according to the defendant the former was in possession .....

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