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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1989 Page 1 of about 28 results (0.034 seconds)

Jun 02 1989 (HC)

Oswal Agro Furane Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Jun-02-1989

Reported in : 1989(24)LC533(P& H)

..... under these circumstances, it was held by the supreme court that the government was bound by the doctrine of promissory estoppel even though a formal contract as required under article 299 of the constitution of india was not entered into by the parties. in godfrey philips' case (supra) the representation ..... instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 289 of the constitution. it is elementary that in a republic governed by the rule of law, no one, howsoever ..... new estoppel it is a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or conduct ..... formalities with regard to bonding of the capital goods at site have already been completed by the petitioners. the petitioners have further entered into various contracts/agreements for the supply of indigenous equipments for implementation of their project which have also started arriving at site and the work at site is ..... milano, italy had come to an end on 31st march, 1986, the punjab agro furane limited, on 14th april, 1986, entered into a supply contract for the capital goods with messrs. standard-kessel gesells-chaft lentjes-fasel gmbh and co. kg duisburg, west germany. this fact was conveyed to the .....

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Jun 02 1989 (HC)

Indian Oil Corporation Vs. Municipal Corporation, Jullunder and Others

Court : Punjab and Haryana

Decided on : Jun-02-1989

Reported in : AIR1990P& H99

..... it was reimbursement by the seller to the buyer for the shortages. these stray incidents have to be viewed in the conspectus of hundreds of contracts entered into by the petitioner with its dealers during the period under consideration. these stray incidents do not prove or establish that the petitioner retained ..... outlet. ought we know, the general manager, punjab roadways, moga had declined to take delivery of this particular cargo. even a copy of the contract with the general manager, punjab roadways, moga was not produced to indicate that the petitioner had in that case retained the right of disposal expressly or ..... business of the dealers, this amounts to an assent by the buyer to the unconditional appropriation of the goods to the contract on their being loaded in the tank lorries for transmission to the business premises of the dealer. even if the submission of shri kapoor is ..... loaded in the tank lorries. there is nothing in the agreement of dealership that the property in the goods is not unconditionally appropriated to the contract. when the dealers have accepted the terms of the petitioner that the latter will supply the petroleum products in tank lorries at the place of ..... engaged by the petitioner-corporation. the parties are, however, at variance as to whether the property in the goods is unconditionally appropriated to the contract and the property in the goods passed on to the buyer at the depot of the petitioner at jalandhar. the case of the petitioner is .....

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Sep 21 1989 (HC)

Electric Construction and Equipment Co. Ltd. Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Sep-21-1989

Reported in : [1990]77STC424(P& H)

..... bushing terminals).(c) fixing of arcing horns (required for protection of transformer against lightning).(d) fixing of silicagel breathers (required for permitting breathing in and out during the expansion and contraction of oil).(e) fixing of name-plates (giving details regarding the capacity, voltage, etc., of the transformer). 3. the assessee-company supplied 990 transformers to its rajpura depot of ..... assessing authority, however, after examining the terms and conditions of the purchase orders concluded that the movement of the transformers from the factory at sonepat was in pursuance of the contract of sale entered into by the assessee with the electricity board. in coming to this conclusion, the assessing authority mainly relied on para 20(b) of the purchase order ..... that in the purchase orders, the assessee had tried to create a smoke screen in order to depict that the transformers were not despatched from sonepat in pursuance of the contract of sale by showing that some accessories were fixed in the transformers at rajpura branch of the assessee and that, thereafter, the transformers were moved to patiala branch and ..... at the stage of manufacture, the assessee knew that particular transformers were meant for supply to the board. the matter does not rest here as vide clause 20 of the contract, the purchaser had reserved its right to cancel, amend or alter its order without assigning any reason whatsoever but before the receipt of intimation in its office regarding the .....

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Aug 02 1989 (HC)

State of Haryana Vs. Janki Dass and Co.

Court : Punjab and Haryana

Decided on : Aug-02-1989

Reported in : [1990]79STC1(P& H)

..... it had overriding effect and if it stipulated that the freight was payable by the producer, such stipulation must prevail, notwithstanding any term or condition of the contract to the contrary. therefore, by reason of the provisions of the control order, which governed the transactions of sale of cement entered into by the assessee ..... 487 and the hindustan sugar mills case [1979] 43 stc 13, are fully applicable to the facts of the present cases. the terms of the contract and the catalogue clearly show that the freight was payable and was paid by the purchaser. the same had been deducted from the price list/invoice and ..... in respect of freight'. here the freight was payable by the appellant because the price was inclusive of the freight and there was no stipulation in the contract, as in hyderabad asbestos cement company's case [1969] 24 stc 487 (sc), that the delivery to the purchaser shall be complete when the ..... freight, the true nature of the contract between the company and the purchasers could not on that account be altered. that the company might be liable to refund the amount of excess sales ..... of the goods was the invoice amount less the freight ;(ii) that the form in which the invoice was made out was not determinative of the contract between the company and its customers. if, apprehending that it may have to pay sales tax on the freight, the company collected sales tax on the .....

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Dec 20 1989 (HC)

National Project Construction Corporation Ltd. Vs. M/S. Sadhu and Comp ...

Court : Punjab and Haryana

Decided on : Dec-20-1989

Reported in : AIR1990P& H300

..... sought to be enforced. it is the document of guarantee that has to be scanned to ascertain whether the guarantee is conditional or otherwise and whether it is an autonomous contract by itself. ordinarily, the court shall not grant an injunction restraining enforcement of such bank guarantees save where there is clear case of fraud of which the bankhad notice and ..... cases of fraud of which thebanks have notice, the courts will leave themerchants to settle their disputes under thecontracts by litigation or arbitration asavailable to them or stipulated in the contracts. the courts are not concerned with theirdifficulties to. enforce such claims; these arerisks which the merchants take. in this casethe plaintiffs look the risk of the unconditional wording of the ..... pay without demur irrespective of the pendency of any arbitration proceedings or the imminence of any reference to arbitration of the disputes between the parties, arising out of the primary contract between the parties.however, such an obligation arises only if the conditions of the bond are satisfied and if the demand made on the bank is in strict accord with ..... impaired or discharged by any extension of time or variations made, given conceded, or agreed with or without our knowledge or consent by or between the parties to the said contract. 5. we also undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of the said corporation. 6. our liability under this guarantee is .....

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Aug 30 1989 (HC)

Baldev Singh Dhanju and Others Vs. Chandigarh Housing Board, Chandigar ...

Court : Punjab and Haryana

Decided on : Aug-30-1989

Reported in : AIR1990P& H41

..... the board argued that the petitioners having accepted the price fixed at the time of allotment of the flats cannot challenge the same in view of section 19a of the contract act. this contention cannot be accepted. the board is a state under article 12 of the constitution. the entire financial control of the board is with the government. ..... to quash the determination of the disposal costs as fixed and direct the dda to undertake afresh a proper determination thereof in accordance with the terms of the original contract or after excluding the items unwarrantedly included therein or after redeiermining the value of any component on a proper and reasoned basis.' such a matter was also under consideration ..... the petitioners are bound by theterms and conditions of the contract. thecamouflage of an. 14 cannot conceal the realpurpose motivating the petitions, namely, toget back a part of the purchase price of flatspaid by the petitioners with wide open ..... art. 12 and whiledetermining the price of flats constructed byit, it acts purely in its executive capacity. butafter the state or its agents have entered intothe field of ordinary contract, no questionarises of violation of article 14 or of any otherconstitutional provision. in absence of anyspecial statutory power or obligation on thestate in the contractual field apart from thecontract, .....

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Aug 04 1989 (HC)

Haryana Iron and Steel Rolling Mills Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Aug-04-1989

Reported in : [1990]77STC211(P& H)

..... goods were said to two persons, lead to irresistible conclusion that the movement of goods from hissar took place in pursuance of a pre-existing contract of sale with the prospective purchasers. these circumstances along with the conduct of the assessee in withholding the original stock register of its branch ..... retrospectively. it was also maintained that the tribunal had wrongly drawn the inference that the goods having moved in pursuance of a pre-existing contract solely on the ground that the goods were sold on the day on which these were received in the branch office at delhi and in ..... the central act. the deputy excise and taxation commissioner confirmed the findings of the assessing authority that the goods were moved under a pre-existing contract of sale to delhi and as such were liable to inter-state sales tax. on the other hand, the appellate authority disallowed the entire ..... goods amounting to rs. 2,65,134.56, it was held that the goods were moved from hissar in pursuance of the prior existing contract of sale. being aggrieved against the order of the assessing authority, the assessee filed an appeal before the deputy excise and taxation commissioner under ..... at delhi, the assessing authority explained the marginal difference in weight because of use of two different weighing scales. the dealer did not produce contracts under which the movement of goods took place nor the purchasing dealer produced order book confirming the true nature and character of the transactions. the .....

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Sep 20 1989 (HC)

Hmm Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Sep-20-1989

Reported in : (1990)82CTR(P& H)317; [1990]184ITR236(P& H)

..... of such goods, services or facilities, including travelling outward from and return to, india ; (viii) performance of services outside india in connection with, or incidental to, the execution of any contract for the supply outside india of such goods, services or facilities ; (ix) such other activities for the promotion of the sale outside india of such goods, services or facilities as .....

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May 17 1989 (HC)

Monga Road Lines (Regd.) Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : May-17-1989

Reported in : [1990]77STC171(P& H)

sukhdev singh kang, j.1. at issue in this bunch of writ petitions (i.e., c.w.p. nos. 1877,1878,1879,836, 1148 1149, 1920, 2129, 2130, 2131, 2132, 2345, 2693, 2929, 3169, 3170, 8405, 8406, 9356, 10386, 10497, 11381 and 11387 of 1986 and 3572 of 1987), filed by various transporters, is the constitutional validity of section 37 of the haryana general sales tax act, 1973 (hereinafter referred to as 'the act'), as amended from time to time. in the alternative, the petitioners contend that the provisions of various sub-sections of section 37, except the first proviso to subsection (4), are not applicable to the petitioners.2. the issues raised are pristinely legal and only a broad-brush factual backdrop will suffice to illumine the contours of the controversy.3. the petitioners are engaged in the business of carrying goods in their trucks. these vehicles generally move on the national highways for transport of goods from delhi to bombay, punjab or other states and have to pass through the state of haryana. similarly, these vehicles bring goods from various states to delhi. the main thrust of the attack is that while the vehicles carry goods on the inter-state routes, they merely pass through the state of haryana and do not unload the goods in the territory of that state. they also do not pick up goods therefrom. even then these vehicles are stopped at the various check-posts set up by the state of haryana on its borders and on the pretext of checking and search, the goods are .....

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Sep 04 1989 (HC)

The Punjab State Board for the Revention and Control of Water Pollutio ...

Court : Punjab and Haryana

Decided on : Sep-04-1989

Reported in : (1990)97PLR58

harbans singh rai, j.1. the punjab state board for the prevention and control of water pollution (hereinafter called the board) filed complaint in the court of judicial magistrate 1st class, kharar against messrs raja ram corn products (punjab) pvt. ltd. and others under section 44 read with section 47 of the water (prevention & control of pollution) act, 1974, (hereinafter called the act) on the allegation that accused no. 1 messrs raja ram com products (punjab) pvt. limited was required to apply for consent of the board under section 25 read with section 26 of the act for regulating the discharge of the trade effluent in the sewer. accused no. 1 through its managing director applied to obtain the required consent and the same was granted on may 25, 1976, subject to the following conditions :-'1. the consent will be valid for a period of one year commencing from the date of issue of consent.2. as bod (bio-chemical oxygen demand) has not been performed by the industry the same should be got done at an early date. in case, it is found at any stage that treatment is required to be done for the effluent, the industry will instal necessary treatment plan and bring the effluent, within the tolerance limits approved by the board for discharge of industrial effluent into public sewer.'2. on may 8, 1985, shri surinder mohan singh puri, assistant environmental engineer, regional office, patiala, duly empowered to take samples under section 21 of the act, along with shri harpal singh, .....

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