Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1988 Page 1 of about 8 results (0.027 seconds)

Jun 03 1988 (HC)

Central Warehousing Corporation Vs. the Registrar for Registration of ...

Court : Punjab and Haryana

Decided on : Jun-03-1988

Reported in : (1990)97PLR571

..... state and a private individual should not be left open to dispute and litigation and that is why the legislature appears to have made a provision that the contract must be in writing and must on its lace show that it is executed for and on behalf of the head of the state and in the manner ..... and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the governor by such persons and in such manner as ..... a void document. it could not be stated to be a sale deed executed in accordance with article 299 of the constitution which reads as under :-'all contracts made in the exercise of the executive power of a state shall be expressed to be made by the governor of the state as the case may be, ..... of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.a contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the partiesit docs not, of itself, create any interest in ..... that in some cases, hardship may result to a person not conversant with the law who enters into a contract in a form other than the one prescribed by law it also happens that the government contracts are sometimes made in disregard of the forms prescribed, but that would not in our judgment be a ground for .....

Tag this Judgment!

Jul 28 1988 (HC)

Gurdev Kaur and anr. Vs. Mehar Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-28-1988

Reported in : AIR1989P& H324; (1990)97PLR334

..... provided it is subject matter of suit. ii) that a compromise or consent decree can be got set aside on one of the grounds on which a contract can be set aside, namely, if obtained by 'fraud; 'misrepresentation', or 'coercion', with an additional ground in favour of the minors or persons of ..... were to he shown that the compromise was unlawful, the suit would not lie. therefore, unless a ground is established on which compromise or a contract can be avoided, the courts will have no jurisdiction to reopen or go behind the compromise decrees merely on the basis that whether the facts stated ..... court show that a compromise decree would bind the parties and their privies unless it can be avoided in one of the ways in which a contract can be avoided, that is, by showing that the decree was obtained by fraud, misrepresentation, misunderstanding or mistake and otherwise the decree would be ..... is not relevant. sometimes collusion is misunderstood in contra-distinction to consent or compromise. if the rights of a third person is not involved, the contract, compromise or compromise decree between the parties would be binding. if rights of third party are involved in such a matter then the third party ..... the facts even if it is proved that the decree was not obtained by fraud, coercion or misrepresentation, that is, the grounds on which a contract can he avoided, arise in this appeal, which has been admitted to division bench for determination in view of the conflict of opinion between the single .....

Tag this Judgment!

Nov 08 1988 (HC)

Kisan Rice and General Mills and ors. Vs. United Commercial Bank and o ...

Court : Punjab and Haryana

Decided on : Nov-08-1988

Reported in : [1989]66CompCas877(P& H)

..... the proper institution of the suit was taken, the bank sought an amendment through the instant application. this was simply to remove the technical objection. section 196 of the indian contract act, 1872, provides for ratification of the actions of the agent by the principal. it lays down that where acts are done by one person on behalf of another, but .....

Tag this Judgment!

Nov 18 1988 (HC)

Sunehri Devi Vs. Bal Kishan

Court : Punjab and Haryana

Decided on : Nov-18-1988

Reported in : 1(1989)ACC229

g.r. majithia, j.1. the legal heirs of deceased chattar singh have come up in appeal before this court, against the award of the motor accident claims tribunal, hissar, dated december, 8, 1983. the learned tribunal dismissed the claim application holding that the accident had not taken place as a result of any negligence on the part of the driver of the four wheeler, which collided with the scooter driven by the deceased. the quantum of compensation was not assessed in view of the finding that the accident had not taken place due to the rash and negligent driving of the four wheeler by respondent no. 1.2. the matrix of the case is as under:-chattar singh deceased was 52 years of age on the date of accident. he had gone on a scooter bearing registration no. use-6380 to jawahar mill on dabra road and was returning therefrom on the same scooter when four wheeler bearing registration no. hyr-1197 driven by bal kishan respondent no. 1 came from hissar side. respondent no. 1 was driving the said vehicle in a rash and negligent manner and caused a head on collision after the four wheeler had come on the wrong side. the deceased was coming on the correct side of the road. as a result of the accident, the deceased suffered multiple injuries. he was removed to civil hospital, hissar, where he succumbed to the injuries in the night. he was in good health and was likely to live another 40 years. his whole family was dependent upon him.3. the deceased after his retirement from army on .....

Tag this Judgment!

Oct 04 1988 (HC)

Amar Singh Vs. Perhlad and ors.

Court : Punjab and Haryana

Decided on : Oct-04-1988

Reported in : AIR1989P& H229

..... . beharidas. air 1955 raj 145. h.g. krishna reddy and co. v. m.m. thimmiah, air 1983 mad 169, was a case where in a suit for specific performance of contract, the vendor-defendant refunded the earnest money, which was accepted by the plaintiff 'without prejudice' to his rights, the division bench held that the plaintiff waived his right to ..... breach of the contract committed by the second respondent. as was observed in deo d. morecraft v. meux, (1824) 1 car and p, 346 ..... contract. it was observed as under :-- (at p. 183) 'in the context, therefore, the mere conditional acceptance by the use of the words 'without prejudice' to his rights under the contract for sale cannot in any manner derogate from the fact that he had acquiesced in the .....

Tag this Judgment!

Oct 12 1988 (HC)

Japson International and anr. Vs. State Bank of India and ors.

Court : Punjab and Haryana

Decided on : Oct-12-1988

Reported in : AIR1989P& H289; [1991]72CompCas70(P& H)

..... pointed out as in the case of the first consignment; the documents were likewise negotiated at the risk and responsibility of the beneficiaries on their executing indemnity bond. thereafter, third and fourth consignments were sent by the vendor vide invoice dt. 15-12-1980 and 22-12-1980 respectively which were ..... 'under reserve' on the basis of the endorsement of the vendor that the documents should be negotiated at its risk and responsibility backed by an indemnity bond. prima facie, in my view, in such a situation when the plaintiff bank is not in a position to realise the proceed of the ..... that the letter of credit aforesaid was not a confirmed divisible irrevocable letter of credit. the plaintiff bank had every right to invoke the letter of indemnity and to recall the payment of the bank to the vendor 'under reserve' when the documents had been dishonoured by the buyer and riyadh bank ..... the banker an absolute obligation to pay, irrespective of any dispute there may be between the parties as to whether the goods are up to contract or not. a vendor of goods selling against a confirmed letter of credit is selling under the assurance that nothing will prevent him fromreceiving the ..... defendant 1 in the suit (for short the vendor') is constituted of four partners impleaded as defendants 2 to 5 in the suit. they entered into a contract for sale by way of export of scientific goods with riyadh house establishment, riyadh, saudi arabia (for short 'the buyers'). the buyers opened a letter .....

Tag this Judgment!

Nov 18 1988 (HC)

Bareja Knipping Fastners Limited (In Liquidation) Vs. Swastika Trading ...

Court : Punjab and Haryana

Decided on : Nov-18-1988

Reported in : [1990]69CompCas552(P& H)

..... entitled to recover this amount from the respondents.issue no. 4. -- section 61(2) of the sale of goods act, 1930, reads as under :'(2) in the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price -- (a) to the seller in a suit by him ..... date on which the price was payable ;(b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the seller --from the date on which the paymentwas made.' 6. the liability on the part of the buyer to suffer interest is a statutory liability .....

Tag this Judgment!

Jul 29 1988 (HC)

Maruti Ltd. (In Liquidation) and anr. Vs. M.H. Tractor and Automobiles ...

Court : Punjab and Haryana

Decided on : Jul-29-1988

Reported in : [1990]69CompCas59(P& H)

..... is due from the respondent.19. issue no. 2 : section 61(2)(a) of the sale of goods act, 1930, reads as under :--'61(2). in the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price --(a) to the seller in a suit by him .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //