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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1990 Page 2 of about 25 results (0.027 seconds)

Jun 20 1990 (HC)

Court on Its Own Motion Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Jun-20-1990

Reported in : (1990)98PLR14

s.s. sodhi, j. 1. a wholly erroneous interpretation of the recent instructions issued to all district and sessions judges in the states of punjab & haryana and the union territory of chandigarh, by the letter of way 2, 1990 is what impels interference, by this court, on its own motion, with the impugned order of the additional senior sub-judge, ambala city of may 24, 1990.2. the matter here concerns the grant of ad interim temporary injunction during the pendency of the suit in terms of order 39, rules 1 and 2 of the code of civil procedure. laid down, in these provisions are the circumstances under which temporary injunction can be granted. it is well-settled, however, that the existence of such circumstances does not invariably compel the court to grant temporary injunctions. in other words, the grant of temporary injunctions is a matter which falls within the domain of judicial discretion that vests in the court. the exercise of such discretion depends upon a variety of factors. it is impossible to lay down any general rule on the subject by which the discretion of the court ought, in all cases, to be regulated, but one principle is well settled, namely; that in no case does the court grant an ad interim injunction as a matter of course.3. as is, however, well-known, the courts have over the years evolved a set of broad principles to be kept in view while considering the grant of temporary injunction, namely; whether the party seeking it has a strong prima facie case in .....

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May 23 1990 (HC)

Bhag Singh Vs. Jarnail Singh and ors.

Court : Punjab and Haryana

Decided on : May-23-1990

Reported in : (1990)98PLR223

a.l. bahri, j. 1. this revision has been filed by bhag singh plaintiff against order of sub fudge, jagraon, dated november 19, 1987, directing him to make good deficiency of court-fee on the plaint. the plaintiff was asked to pay advalorem court-fee under article i schedule i of the court fees act.2. the suit was filed by bhag singh for declaration that he was owner in possession of the land treasuring 24 kanals situated in village galib kalan, tehsil jagraon, distt ludhiana, after setting aside the sale deed dated june 23, 1986, executed by jarnail singh-defendant as attorney of the plaintiff in favour of gurmit kaur-defendant no. 2, for rs. 45,000/- which was illegal, void and ineffective qua the pain-tiff's rights. mutation sanctioned on the basis of the said sale deed was also challenged. he also wanted to avoid mortgage of 8 kanals of land executed by defendant no. 2 in favour of defendant no. 3. according to the plaintiff he did not execute any power of attorney in favour of defendant no. 1 who is alleged to have mortgaged or sold the land on the plaint court-fee of rs. 19.50 was paid. after objection being raised, the trial court vide the impguned order held that the advalorem court fee on the market value of the land was payable as the sale was being challenged.3. learned counsel for the petitioner has argued that court-fee paid on the plaint was in order, in the alternative it has been argued that the land in dispute being assessed to lard revenue, and the court fee .....

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Jan 22 1990 (HC)

Amrit Banaspati Co. Ltd. and anr. Vs. Union of India (Uoi) Through the ...

Court : Punjab and Haryana

Decided on : Jan-22-1990

Reported in : 1990LC436(P& H); 1990(50)ELT64(P& H); (1990)98PLR101

..... a promise made by the government altered his position, is entitled to enforce the promise against the government, even though the promise is not in the form of a formal contract as required by article 299 of the constitution of india and that article does not militate against the applicability of the doctrine of promissory estoppel against the government. in republic ..... that it is the first principle on which all courts of equity proceed that it will prevent a person from insisting on his strict legal rights whether arising under a contract or by a statute or on his title deeds when it would be inequitable for him to do so having regard to the dealings which have taken place between the ..... estoppel nor any contractual obligation which can be enforced in a. court of law the very concept of taxation is repugnant to the concept of contract and both are ante thesis of each other. thus, the question of representations or assurances are irrelevant in case of taxation, nor can be given effect to. the petitioners hydrogenated ..... statute its plain language is to be interpreted. the speeches made in the parliament are immaterial and cannot be taken note of it is averred that taxatiotin is not a contract, it is a unilateral will of the legislature and is an exaction by the state in exercise of its sovereign power and as such there can neither be any promissory .....

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Nov 21 1990 (HC)

Raj Kumar Vs. Shanti Saroop Gandhi and Others

Court : Punjab and Haryana

Decided on : Nov-21-1990

Reported in : AIR1992P& H18

..... . personal liability of defendant no. 2 for payment of the amount was also disputed.4. the trial judge framed the followingissues:--1. is the plaintiff not entitled to rescind the contract because the defendants did not deliver the possession to the plaintiff, nor obtained attornment from tenants on the suit property in favour of the plaintiff before the deed could be ..... was held that sawan mal was not bound to deliver vacant possession of the land agreed to be sold to the plaintiff and that the plaintiff could not rescind the contract. he could get the sale deed executed and obtain symbolical possession of the land and ask the tenants to attorn in his favour; issue no. 2 was decided against the ..... the relationship of buyer and seller is established between the parties, they acquire reciprocal rights and both are bound to protect interests of each other. the contract referred to in the expression 'in the absence ofany contract to the contrary', may either be express or implied. clause (f) of sub-sec. (1) of s. 55 says that the seller is bound to ..... was not possible for the seller to deliver physical possession to the buyer. moreover, the words 'in the absence of any contract to the contrary' in the section show that the operation of this clause can be excluded by a contract between the parties. so, where it is made clear that actual possession of the property was in possession of the tenant .....

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Dec 11 1990 (HC)

Nehru Yuvak Kendra Sangthan Vs. Darshan Singh and anr.

Court : Punjab and Haryana

Decided on : Dec-11-1990

Reported in : (1991)99PLR440

n.c. jain, j.1. this appeal has been filed by the defendant-appellant against the judgment and decree of the appellate court, dismissing the appeal on the ground that the same was not validly instituted as it was neither signed by the appellants nor any vakalatnama in favour of the counsel was filed.2. after hearing counsel for the parties, i am of the view that the view taken by the additional district judge, is not sustainable. in shastri yagnapurushdas ji and ors. v. muldas bhundardas vaishya, a. i. r. 1966 s. c. 1119 where memo of appeal and vakalatnama were presented in the high court, by the assistant government pleader working in the same office and the irregularity was not noticed by the registrar and the appeal was admitted, it was held that no party could be made to suffer for mistake of the court or its office, if the memo of appeal was technically irregular. in the present case, it has not been disputed before me that the appeal was admitted and notice was issued to the respondent by the appellate court, inspite of the fact that it was brought to the notice of the court, by the superintendent that power-of-attorney was not attached but only memo of appearance was filed. after the defect was noticed by the court, the court or the superintendent, should have insisted upon the production of vakalatnama dully executed by the appellants in somewhat similar circumstances it was held by the madras high court in kaliyur m. srinivasachariar v. the chairman taxation appeals .....

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Aug 23 1990 (HC)

Santosh Kumar Vs. Ram Sarup

Court : Punjab and Haryana

Decided on : Aug-23-1990

Reported in : (1991)99PLR602

..... by the mortgage, and that the owner would be entitled to immediate possession on the redemption of the mortgage, this would have been bound to be specified in the mortgage contract and there would in the agreement have been in express surrender by the mortgagee of the rights secured by him as a tenant under the act. in the absence of ..... any such specific provision in the contract of mortgage, i am of the opinion that the tenant did not surrender his rights, and that the intention of the parties to the mortgage must be interpreted as being .....

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May 15 1990 (HC)

J.C. Woollen Mills and ors. Vs. State Bank of India

Court : Punjab and Haryana

Decided on : May-15-1990

Reported in : (1990)98PLR339

j.v. gupta, acting c.j. 1. this revision petition is directed against the order of the executing court dated june 6, 1990, whereby the application for amendment of the judgment and decree filed under sections 151/152 c. p. c. was allowed.2. the bank filed the suit on july 18, 1978 for the recovery of rs. 1,32,769.80 paise. the suit was for the recovery from the defendants as well as by sale of the mortgaged property. the said suit was decreed on november 24-1980. the decree passed was on the following term; 'in view of the observations made above, the suit of the plaintiff for the recovery of rs. 132,769.80 paise is hereby ordered to be decreed in favour of the plaintiffs and against the defendants with costs of the suit. the plaintiff is also entitled to recover future interest on the said amount at the rate of rs. 13 per cent per annum from the date of the institution of the suit till the realisation of the entire decretal amount. decree sheet be prepared and the file be consigned to the record room after necessary completion and in due course of time.' the execution of the said decree was sought on august 21, 1984. during the pendency of the execution application, the present application under sections 151/152 c. p. c. dated august 9, 1988 was filed seeking correction of the judgment and the decree by the decree-holder bank. there were two specific issues whether any equitable mortgage of the properties was created and by whom and in respect of which property; and if his .....

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Dec 19 1990 (HC)

The Oriental Insurance Co. Vs. Ram Kumar and anr.

Court : Punjab and Haryana

Decided on : Dec-19-1990

Reported in : 1991ACJ1091; (1991)99PLR300

..... , he can sue for damages under section 22 of the act and the claim application will be tried under the provisions of chapter 3 of the act. a contract of insurance is a contract of indemnity. under the terms of the policy, the insurer has undertakes to indemnify the insured against all the sums to which the insured shall become liable in respect .....

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Sep 10 1990 (HC)

Capt. Kanwaljit Singh Vs. Union of India

Court : Punjab and Haryana

Decided on : Sep-10-1990

Reported in : AIR1991P& H54

order1. in this bunch of writ petitions broadly the challenge is to the 64th amendment of the constitution; imposition of president rule in punjab in may, 1987 andextension thereof; dissolution of the punjab legislative assembly in march, 1988.2. legal issues raised and posed by these writ petitions are not free from difficulty. the importance of the issues raised gave rise to numerous opinions, and approach to them which need balancing by the judicial mind.3. though there are some differences and variations in facts, still the material facts are largely common to the writ petitions. various questions raised in the petitions are so interwoven that their answers depend on each other. it can fairly be stated that the petitions raised common questions of law and fact.4. it would be expedient to succinctly collate the facts from civil writ petition no. 2886 of 1989 filed by captain kanwaljit singh, former minister (hereinafter referred to as the petitioner).5. the petitioner impugned the imposition of president rule vide. notification dated may 11, 1987 and dissolution of the punjab legislative assembly vide notification dated march 6, 1988. the vires of 59th amendment of the constitution of india were challenged inter alia on the ground that it destroys and abrogates the basic structure of the constitution. a direction for restoration of the punjab legislative assembly was sought.6. a brief reference to the skeletal facts to seek the above reliefs made by the petitioner would be .....

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Mar 09 1990 (HC)

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Mar-09-1990

Reported in : AIR1990P& H259; (1990)98PLR666

..... of disputes.(6) daily prevailing prices are made available to the grower and reliable market information provided regarding arrivals, stocks, prices, etc.(7) quality standards are fixed when necessary and contract forms standardized for purchase and sale.36. the amount realised as market fee under s.23 of the act is credited to the market committee fund constituted under s. 27 ..... yasin, air 1983 sc 617 their lordships said that words and phrases have not only a meaning but also a content, a living content which breathes, and so, expands and contracts. the philosophy and language of law, it was observed, were no exceptions. the concept under reference was of quid pro quo. regarding observations in k. k. puri's case, a .....

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