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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1992 Page 2 of about 22 results (0.028 seconds)

Sep 28 1992 (HC)

D.S. Laungia and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Sep-28-1992

Reported in : AIR1993P& H54

..... , it is evident that the price fixed by the govt. is perfectly justified and the said has been demanded from the petitioners in accordance with the condition of a binding contract. therefore, the writ petition is not maintainable and it deserves to be dismissed.' 5. section 3(1) of the act empowers the state government to declare any area comprising land ..... of its total exclusion. this is more so when the modern trend is also to examine the unreasonableness of a term in such contracts where the bargaining power is unequal so that these are not negotiated contracts but standard form contracts between unequals.' in the light of this, the claim of the respondents for the enhanced price cannot be justified at law. 10 .....

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Aug 25 1992 (HC)

Shri Sanjeev Aggarwal Vs. Punjab University and ors.

Court : Punjab and Haryana

Decided on : Aug-25-1992

Reported in : (1993)103PLR655

n.k. kapoor, j.1. this revision petition is against the order of additional district judge, ludhiana, dated 26-4-1991 whereby the order passed by sub judge i class granting the injunction as prayed by the petitioner was reversed.2. briefly put, the petitioner was a student of b a. part ii of arya college, ludhiana, for the academic year 1989-90. in pursuance to his application for permitting him to appear in the examination, the same was forwarded by the college authorities to the university which consequently allotted roll number 97198. it is further case of the plaintiff-petitioner that after issuance of the roll number the same was withheld by respondent no. 3 which impelled the petitioner to file a suit and on an application filed in the suit, sub-judge i class restrained defendant no. 3 from withholding the said roll number slip vide order dated 3-1-1990 and so the petitioner took examination for b.a. part ii as held by respondent no. 1. result of this examination was declared some time in april 1990 but the result of the petitioner was not declared. since respondent no.3 was reluctant to give him admission to b.a. part iii, i.e. for the session 1990-91, the petitioner took provisional admission to b.a. part iii class in the directorate of correspondence course, punjab university, chandigarh. direct rate of correspondence courses after having admitted him to part iii year course of b.a. issued a letter bearing no. 5230/cor/a dated 3.12.1990 directing him to submit the .....

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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, .....

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Mar 26 1992 (HC)

Bhagat Ram Alias Bhagat Singh and ors. Vs. Shamsher Singh

Court : Punjab and Haryana

Decided on : Mar-26-1992

Reported in : (1992)102PLR63

n.k. kapoor, j.1. this is plaintiff's appeal against the judgments and decrees of the courts below whereby their suit for declaration has been dismissed.2. briefly put, the plaintiffs instituted suit for declaration and permanent injunction to the effect that they are owners in possession of suit land detailed in paras (a), (b) and (c) of the head-note of the plaint situated in village patti, h. b. no. 287 and that the defendant be restrained from interfering in their possession over the said land. it was averred that the suit property was owned and possessed by dasondhi ram son of labha and a part of it was also owned and possessed by them. the said dasondhi ram died on 27-4-1975 issueless. his wife had pre-deceased him. the plaintiffs further averred that they were entitled to succeed to his estate under the hindu succession act ; and otherwise also they were his natural heirs. plaintiffs nos. 2 and 3 are sons of sucheta real brother of dasondhi ram whereas plaintiff no. 1 is the son of rattan singh alias thakur the pre-deceased son of sucheta. it was further aver- red that after his death, the estate of dasondhi devolved upon them and thus they came into possession of his property-both moveable and immoveable it was also stated that they used to look after dasondhi and used to render all types of services to him. the plaintiffs pleaded that the alleged will dated 8.12.1967 executed by dasondhi in favour of the defendant is false, fictitious and forged document and has been .....

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Feb 10 1992 (HC)

Smt. Jaswant Kaur and ors. Vs. Hardial Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-10-1992

Reported in : (1992)102PLR107

n.k. kapoor, j.1. ishar singh, 'karbans kaur, jaswant kaur, rajbans kaur; tejinder singh, minor son, inderprit kaur and manpreet kaur, minor daughters of sukhdiai singh, husband of rajbans kaur; narain kaur and satwant kaur filed a suit against hardial singh and others for declaration to the effect that they are owners-in-possession of the land shown in sub-heads (a) and (b) as given in the plaint or in the alternative for possession of 6/7th share of the land measuring 41-ic 9-m comprised in hadbast khasras detailed as a b c d e (as per plaint) situated in the area of village kokari kalan, ajitwal and kokari hairan, tehsil moga, on the ground that a distance arose between ishar singh, defendant for the reason that the latter was cultivating the land as son of ishar singh and started claiming hostile possession whereupon ishar singh, instituted a suit against him the case of the plaintiffs further is that smt. attar kaur, wife of ishar singh died and hardial singh set up a will claiming ownership of the land left by her on the basis of the will which was the subject-matter of dispute between the parties. in fact, appeal filed by the plaintiffs against the mutation sanctioned in favour of hardial singh was accepted by the collector and thereafter at the behest of near relations a compromise-cum-family settlement was executed and put in the court in the aforesaid suit which was acted upon. as per the said document, ishar singh was given 260 mounds of grains also. this order of .....

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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 .....

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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 .....

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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 .....

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Sep 10 1992 (HC)

Onkar Singh Vs. Angrez Singh and Others

Court : Punjab and Haryana

Decided on : Sep-10-1992

Reported in : AIR1993P& H134; (1993)103PLR541

..... getting remuneration for the same. if they consciously, intentionally and deliberately abstain from conducting the cases in , the courts on behalf of their clients, they would be committing breach of contract and subjecting themselves to consequences flowing from such a breach. it may be mentioned that at this stage there is no awareness in the public or the litigants about their ..... the matter of conducting cases in the courts. firstly, the obligation is towards their clients who have engaged them. such obligations are subject to the terms and conditions of the contract or authority given to the counsel (power of attorney). for non-appearance or negligently conducting or non-conducting the cases rights and remedies could be governed by such terms and .....

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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 .....

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