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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1994 Page 1 of about 30 results (0.028 seconds)

Jan 06 1994 (HC)

Bhagwan Singh Vs. Teja Singh Alias Teja Ram

Court : Punjab and Haryana

Decided on : Jan-06-1994

Reported in : AIR1995P& H64

..... 6th february, 1963, under the registered sale deed (ex. 96) that the plaintiff could be posted with the knowledge that the defendants were refusing performance of the contract. the suit was filed on 22nd may, 1964, that is, well within three years from 6th february, 1963, and would be within limitation.' in my ..... , it was observed as under (at p. 346) :--'the starting point of limitation, as already noted, was the date fixed for performance of the contract or, if no such date is fixed, the date on which the plaintiff has notice that performance is refused. in the absence of any indication when ..... but was barred by limitation. issue no. 5 was also answered against the defendant and in favour of the plaintiff by holding that specific performance of contract shall not cause acute hardship to the defendant. under issue no. 6, it was held that the plaintiff had deposited a sum of rs. 5015/- ..... and the sale was to be completed by august 15, 1976 at all costs. in the circumstances, it was pleaded that the time was essence of contract. defendant also pleaded that specific performance of the agreement would cause hardship to him.4. on the pleadings of the parties the following issues were framed: ..... the courts below dismissing the suit by recording a concurrent finding.2. the sole controversy in this appeal is whether time was the essence of the contract and the suit is barred by time. in order to understand the controversy, it will be apposite to notice some fads. teja singh, defendant purchased .....

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Feb 02 1994 (HC)

Sher Singh Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Feb-02-1994

Reported in : (1994)106PLR456

..... of appointment and the rules governing the service or it can proceed to take punitive action. if it chooses to invoke its right under the contract of service and passes a simple order of termination/discharge, the provisions of article 311 or the rules prescribing the procedure for imposition of a ..... not, open to the authority concerned to drop them and to take the alternative course of discharging the temporary government servant in terms of the contract of services or the relevant statutory rule. it is possible that the authority takes the view that the stigma of the order of dismissal ..... two powers to terminate the services of a temporary public servant. it can either discharge him purporting to exercise its power under the terms of contract or the relevant rule, and in that case, the provisions of article 311 will not be applicable. the authority can also act under its ..... is of a precarious character. his services can be terminated by one month's notice without assigning any reason either under the terms of the contract which expressly provide for such termination or under the relevant statutory rules governing temporary appointments. such a temporary servant can also be dismissed in a ..... natural justice and the rules prescribing the procedure for taking punitive action. on the other hand, the employer basically relies on its right under the contract of employment or the , rules governing the service to maintain that when the employee has no right to the post, he can be sacked without .....

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Jun 03 1994 (HC)

Union of India (Uoi) Through Chief Engineer, Railway Coach Factory, Mi ...

Court : Punjab and Haryana

Decided on : Jun-03-1994

Reported in : (1994)108PLR112

..... that the petitioners vide its letter no. vkg/89 1861 dated 23.9.89 have sought arbitration from the respondent as per arbitration clause of the contract. the photo-copy of the arbitration clause is appended herewith which may be considered as part and parcel of the case. the photo-copy of letter ..... correct. the said clause in my view, envisages that if any dispute or difference arises between the parties about the construction or operation of the contract or the respective rights and liabilities of the parties on any matter and the railway fails to take a decision within reasonable time, the contractor after ..... ' demand for arbitration - (i) (i). in the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account, or as to withholding by the railway ..... stated that the progress of the work was very slow and that the conduct of the contractor showed that he was not willing to complete the contracted work within the stipulated period and even after the extension. it was denied that there was any breach on the part of the appellant union of ..... dated 4.8.1987. the work was to be completed within the time limit of 12 months only expiring on 3.8.1988. a regular contract agreement was executed and signed between the parties on 9.12.1987. the work could not be executed and completed within the original stipulated period due .....

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Nov 23 1994 (HC)

Dharam Vir Kalra Vs. Ravinder Kumar

Court : Punjab and Haryana

Decided on : Nov-23-1994

Reported in : (1995)110PLR257

..... .11.1980 requiring him to complete the sale transaction within 10 days of the issuance of letter failed to yield any response. this way the plaintiff repudiated the contract. thus, the corporation had no alternative but to invite fresh tenders and thus has sold the property to defendants no. 4 to 6.4. in the written ..... spending about rupees five lacs on the new construction, if so its effect opd.4. whether the plaintiff is entitled to the' specific performance of the contract opp.5. relief.the trial court on the basis of evidence came to the conclusion that the plaintiff had been ready and willing to perform his part of ..... 4 to 6 were held to have purchased the property for consideration but was held not to be bona fide purchaser as they had knowledge of the existing contract of sale by the plaintiff. it was also found by the trial court that defendants no. 4 to 6 failed to prove that they have incurred any ..... deed executed within the stipulated period i.e. 10 days from the issuance of notice in this regard. time was not the essence of the contract. in fact, the plaintiff had been promptly replying to the letters issued by the corporation and expressed his ever willingness to perform his part of the ..... favour of defendant nos. 4 to 6 were executed on 8.5.1981. the cortesting defendants have also admitted that they knew about the subsisting contract of rattan singh with the corporation regarding the same very property. statement of daya nand dw-1 to the effect that he knew of subsisting .....

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Feb 03 1994 (HC)

The Chief Administrator, Haryana Urban Development Authority and ors. ...

Court : Punjab and Haryana

Decided on : Feb-03-1994

Reported in : (1994)107PLR46

..... act and so there was no need to comply with the provisions of section 25f of the act as termination of an employee on account of non renewal of the contract of employment has been specifically excluded from the definition of retrenchment as per section 2(oo)(bb) of the act. the appointment letter has not been adduced in evidence, so ..... the term of retrenchment but there is nothing in this clause which allows an outlet to unscrupulour employers to shunt out workers in the garb of non-renewal of their contract even when the work subsists. this clause as a whole has to be construed strictly in favour of the workman as far as possible as to ensure that the act .....

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Sep 05 1994 (HC)

Kartar Singh Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Sep-05-1994

Reported in : (1996)IIILLJ1099P& H; (1994)108PLR734

..... section 2(oo).'10. in the case of the petitioner, the conditions incorporated in the letter of appointment, which can appropriately be lenned as a contract of employment between him and respondent no. 2, clearly provide for termination of service during the period of probation without any notice and without any ..... 14(4) aforesaid clauses 10 and 11 of the order of appointment along with regulation 14 shall be deemed to be stipulations of the contract of employment, under which the service of the appellant has been terminated. any such termination, even if the provisions of the industrial disputes ..... but does not include-(a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman ..... reason. of course, this right could be exercised by the employer only during the period of probation. if the petitioner wanted to terminate the contract of employment, he could do so by giving 90 days' notice, if it was to be done after confirmation in service. he could terminate ..... of huda. learned counsel for respondent no. 2 argued that petitioner's service has been terminated according to the terms and conditions incorporated in the contract of employment, and, therefore, the impugned action of the employer terminating the service of the petitioner does not suffer from any legal error.3. .....

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Sep 23 1994 (HC)

Mohd. Ahmed Ilyas Vs. Haryana Tourism Corporation and ors.

Court : Punjab and Haryana

Decided on : Sep-23-1994

Reported in : (1996)ILLJ455P& H

..... bare perusal of the definition reveals that it excludes from its ambit voluntary - retirement of the workman or retirement, of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman contains a stipulation in this behalf. thus, but for this exclusion, the aforementioned categories would have fallen in the all-embracing definition ..... inflicted by way of disciplinary action, but does not include:(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of non-renewal ..... of the contract of employment between the employer and the workman concerned on its expiry of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the services of a workman on the ground of .....

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Jan 27 1994 (HC)

Capt. Kanwaljit Singh and Others Vs. Union of India and Another

Court : Punjab and Haryana

Decided on : Jan-27-1994

Reported in : AIR1994P& H248; (1994)107PLR548

..... condiments also. in the state of bombay v. virkumar gulab-chandshah, 1952scr 877 : air 1952 sc 335, this court construed the expression foodstuffs' in cluase (3) of the spices (forward contract prohibition) order of 1944 read with section 2(a) of the essential supplies (temporary powers) act, 1946 to include turmeric. after examining the definition of expression 'foodstuffs' in oxford english .....

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Nov 22 1994 (HC)

Navdeep Kaur Sandhu and ors. Vs. the Advisor to the Administrator and ...

Court : Punjab and Haryana

Decided on : Nov-22-1994

Reported in : (1995)109PLR423

g.c. garg, j.1. the primary controversy raised in this writ petition is about the penalty of forfeiture at 10% and the interest charged.2. shop-cum-office no. 66-67, sector 17-a, chandigarh was put to auction on lease-hold basis on july 17, 1977 under the provisions of capital of punjab (development and regulation) act, 1952 (hereinafter to be referred as 'the act') read with chandigarh lease-hold of sites and buildings rules, 1973 (for short 'the rules'). petitioners and respondents 4 to 8 turned out to be the highest bidders. their offer of rs. 6,90,000/- was accepted. the petitioners paid 25% of the premium at the spot. the balance was to be paid in three equated yearly instalments alongwith ground rent; the petitioners failed to pay the first instalment and consequently proceedings for resumption of the site were taken. the site was initially resumed in the year 1979 on failure of petitioners to pay the instalments on the due dates, but the order was recalled. the petitioners even thereafter did not make payment of the instalments due. proceedings were/ therefore, initiated under rule 12(3) of the rules and the order of resumption annexure p-2 was passed. in addition, penalty of forfeiture at 10% of premium was also ordered. on appeal, order of resumption was set aside but the order qua forfeiture was upheld. revision taken against the appellate order was dismissed. the petitioners seek quashing of these orders in this writ petition.3. respondents 1 to 3 by filing written .....

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Jan 05 1994 (HC)

M/S. Swadesh Rubber Industries, Vs. Sardar Singh and Others

Court : Punjab and Haryana

Decided on : Jan-05-1994

Reported in : AIR1994P& H306; (1994)107PLR380

..... fails to do that he shall not have any claim to the property. the correct position is that on the approval of the bid by the settlement commissioner, a binding contract for the sale of the property to the auction-purchaser comes into existence. then the provision as to the sale certificate would indicate that only upon the issue of it .....

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