Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1992 Page 1 of about 22 results (0.086 seconds)

Feb 04 1992 (HC)

Partap Vs. the State of Haryana

Court : Punjab and Haryana

Decided on : Feb-04-1992

Reported in : 1992CriLJ3732

j. s. sekhon, j.1. partap, accused-appellant, was convicted by the learned additional sessions judge, bhiwani, on the charge of murder of rohtas, deceased, under section 302, indian penal code and ordered to undergo imprisonment for life, besides a fine of rs. 200/-, or in default of payment thereof to suffer three months' further rigorous imprisonment. he was also convicted under section 323, indian penal code, for the simple injuries with blunt weapon on the person of maidhan (p.w. 10) and awarded three months' simple imprisonment, besides a fine of rs. 50/-, or in default of payment thereof to suffer further 15 days' rigorous imprisonment.2. feeling aggrieved against the above referred conviction and sentence, the appellant has filed this appeal.3. in brief the facts of the prosecution case are that partap, accused-appellant, is the step-brother of rohtas (deceased) and maidhan (pw). they used to cultivate their lands by irrigating the same from a joint tubewell, operated by electricity. partap, accused, was not contributing his share of electricity-charges, which resulted in dispute between these two brothers on the payment of electricity-bills. the land of partap accused adjoins the land of rohtas, deceased. land of rohtas is on higher level to that of partap and there was a dispute between them over the boundaries thereof.4. on 24-7-1989, at about 7-00 a.m. maidhan (p.w. 10) along with ved parkash (p.w. 11) and dharambir witness was smoking while sitting in the lane in .....

Tag this Judgment!

Aug 05 1992 (HC)

Gurcharan Singh and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Aug-05-1992

Reported in : (1993)103PLR67

..... before the appellate authority the matter was once again examined on facts and law the appellate authority, however, came to the conclusion that no such valid contract came into existence as alleged by the petitioners and so held that the rent of the premises in dispute remained at rs. 3850/- per months as regards ..... the appellate authority has erred in not properly perusing the documentary evidence on record by which it is proved beyond any manner of doubt that a fresh contract came into being between the parties and the rent of the premises in dispute stood increased from rs. 3890/- to rs. 4850/-. the counsel in ..... these premises, the counsel stressed that the offer made vide communication ex. p.4 was accepted by the petitioner as per exhibit p-5, so a fresh contract between the parties came into existence. this way, the respondents on their own showing have neither paid nor tendered the rent at the agreed rate of rs. ..... no written lease deed stipulating the rate of rent i.e. rs. 4850/- per month. there is do averment in the application also that any such contract has been executed on behalf of the state of punjab or by such person or persons who have been authorised to execute the same. this way there ..... has been non compliance of article 299(1) of the constitution of india which envisages that, 'all contracts made in the exercise of the executive power of the union or of a state shall be expressed to be made by the president, or by the .....

Tag this Judgment!

Mar 16 1992 (HC)

Subhash Chand Vs. Ashok Kumar Tayal

Court : Punjab and Haryana

Decided on : Mar-16-1992

Reported in : AIR1992P& H257; (1993)105PLR65

..... would be aground for the judgment-debtor applying to the court to enter satisfaction of the decree. it shall be seen from the terms of the contract that were arrived at that the land put up for sale in execution of the decree against venkata reddi for which saiyed murtaza had been the successful ..... b offers to transfer certain property to a and a accepts that promise to transfer in whole or part satisfaction of his decree that is a binding contract which constitutes an adjustment of the decree in whole or in part and can be pleaded by b in bar of execution. but if a, ..... judgment-debtor to divide the disputed properties and exercise full ownership over their respective shares amounts to an adjustment of decree despite the executory nature of that contract. it was further held that the terms of the agreement made it clear that the parties were to execute assignments whereby the property covered by the ..... the petitioner. it is clearly held in -the aforesaid judgment that if by agreement, the decree is superseded and abandoned and an altogether new contract is entered into, the contract would constitute the basis of subsequent suit and it is only when the agreement does not supersede the decree, the executing court can inquire ..... r. 2, c.p.c. the aforesaid finding, pre-eminently came in view of the facts of the said case. as referred to above, the only new contract was that the decree which was for rs. 1,632/ - and costs would be adjusted if an amount of rs. 900/ - is paid by instalments of .....

Tag this Judgment!

Feb 24 1992 (HC)

Darshan Singh Vs. the State of Punjab Through Secretary, Defence Servi ...

Court : Punjab and Haryana

Decided on : Feb-24-1992

Reported in : (1992)102PLR594

..... true that the words used even in their literal sense are the primary and ordinarily the most reliable source of interpreting the meaning of any writing be it a statute contract or anything else ; but it is one of the surest indices of a mature and developed jurisprudence not to make fortess out of the dictionary, but to remember that statutes .....

Tag this Judgment!

Sep 17 1992 (HC)

Jaswant Singh Vs. Karam Singh

Court : Punjab and Haryana

Decided on : Sep-17-1992

Reported in : (1993)103PLR145

..... chuni lal sabharwal, a. i. r. 1971 s. c. 1238, observed while interpretting words 'readiness' and willingness in the context of specific performance of contracts, as under :- 'readiness and willingness cannot be treated as a strait jacket formula. these have to be determined from the entirely of facts and circumstances relevant ..... when so directed by the court;(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.'learned counsel for the appellant has referred to the decision of this court on the subject in dhanna singh and anr. ..... than terms the performance of which has been prevented or waived by the defendant.explanation.-for the purposes of clause (c).- (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except ..... at the time of filing of the suit. section 16 of the act reads as under :-'16. personel bars to relief'-specific performance of a contract cannot be enformced in favour of a person :-(a) who would not be entitled to recover compensation for its breach ; or(b) who has ..... decree dated december 17,1981, passed by the sub judge 1st class was reversed and the suit filed by karam singh for specific performance of the contract was decreed. karara singh claimed specific performance of an agreement dated december 8, ,977, vide which he had agreed to purchase the land in .....

Tag this Judgment!

Jul 20 1992 (HC)

Smt. Zenobia Bhanot Vs. Surinder Sharma

Court : Punjab and Haryana

Decided on : Jul-20-1992

Reported in : (1992)102PLR663

..... from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this act or any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary, a right to recover immediately the possession of ,such residential building or scheduled building or any part or parts 'of .....

Tag this Judgment!

Feb 22 1992 (HC)

Glaxo India Limited and anr. Vs. Jalandhar Feed Corporation and anr.

Court : Punjab and Haryana

Decided on : Feb-22-1992

Reported in : (1992)102PLR345

..... seems to have been committed against the plaintiffs whereas the case of the plaintiffs does not fall under any of the clauses of section 17 of the indian contract act. the first appellate court had relied upon clause (5) to come to the conclusion that the case of the plaintiff would fall under residuary clause (5 ..... on the banker an absolute obligation to pay. the same considerations apply to a bank guarantee. a letter of credit sometimes resembles and is analogous to a contract of guarantee. a bank which gives a performance guarantee must honour that guarantee according to its terms.''the courts usually refrain from granting injunction to restrain the performance ..... in united commercial bank's case (supra), the supreme court held as under :-'a bank issuing or confirming a letter of credit is not concerned with the underlying contract between the buyer and seller. duties of a bank under a letter of credit are created by the document itself, but in any case it has the power ..... with his connivance or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract :(1) the suggestion, as to fact, of that which is not true by one who does not believe it to be true;(2) the ..... of the courts below that it was either a case of fraud or special equities. fraud has been defined in section 17 of the indian contract act and the same reads as under :-'17. 'fraud' defined. 'fraud means and includes any of the following acts committed by a party to a .....

Tag this Judgment!

May 20 1992 (HC)

Abnash Chander and Another Vs. Mulakh Raj and Another

Court : Punjab and Haryana

Decided on : May-20-1992

Reported in : AIR1993P& H190

..... amount of the increase in such rate, cess or tax, as the case may be. (2) notwithstanding anything contained in any law for the time being in force or any contract, no landlord shall recover from his tenant the amount of any tax or any portion thereof in respect of any building or rented land occupied by such tenant by any .....

Tag this Judgment!

Nov 03 1992 (HC)

Devinder Nath Alias Devinder Singh and Others Vs. Kishori Lal and Othe ...

Court : Punjab and Haryana

Decided on : Nov-03-1992

Reported in : AIR1993P& H169

..... 9 of the act. the said provision reads as under:--'9. certain reliefs in respect of mortgated property of evacuees- (1) notwithstanding anything to the contrary in any law or contract or any decree or order of a civil court or other authority, where the claim is made by a mortgagee, no mortgaged property of an evacuee shall, subject to the .....

Tag this Judgment!

Jul 15 1992 (HC)

Pawan Kumar Vs. Haryana Land Reclamation and Development Corporation

Court : Punjab and Haryana

Decided on : Jul-15-1992

Reported in : (1993)105PLR79

r.s. mongia, j. 1. by this judgment of mine, i propose to dispose of two writ petitions (c.w.p. nos. 11180 and 12634 of 1991), as common questions of law and facts are involved in both the cases.2. pawan kumar, petitioner in the former writ petition, had joined as a clerk-cum-typist on 4th april, 1989, with the haryana land reclamation and development corporation limited, chandigarh (hereinafter referred to as the corporation); whereas petitioner anil singla in the other writ petition, had joined as clerk-cum-typist with the corporation on 17th may, 1990. vide order, dated 18th july, 1991, the managing director of the corporation passed an order of retrenchment of certain members of the staff, including both the petitioners. the order was made effective from 19th july, 1991. the copy of the said order has been attached as annexure p-1 in pawan kumar's case; whereas it has been attached as annexure p-6 with anil singla's case. the reason given for passing the order of retrenchment is that the corporation had incurred certain losses and to prevent further losses as well as to restore economic viability, 11 clerks-cum-typists were being declared surplus. it may be observed here that retrenchment compensation due under section 25f of the industrial disputes act, 1947 (hereinafter called the i.d. act), was also tendered along with the order of retrenchment. it is this order of retrenchment that has been impugned by the petitioners in both these writ petitions.3. the motion bench, .....

Tag this Judgment!


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