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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1995 Page 1 of about 28 results (0.029 seconds)

Dec 12 1995 (HC)

Urban Improvement Co. Pvt. Ltd. Vs. Sardar Ujagar Singh

Court : Punjab and Haryana

Decided on : Dec-12-1995

Reported in : AIR1996P& H167; (1996)112PLR237

..... it, is entitled to be reimbursed by the other. to invoke the aid of section 69, there need be no contract or even privity of contract between a person who actually pays the amount and the one bound by law to pay. in thomas abraham v. the national tyre & ..... but also where the expenditure saves the other from expense or loss. in this context, reference may also be made to section 69 of the contract act which provides that a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays ..... remedy to prevent unjust enrichment as where money is paid or received for the use of another, overpayment by mistake, tort cases etc., and in contract cases, where the defendant's performance is excused by impossibility or because of plaintiff's material breach, so that the defendant is not in default, ..... the law annexes consequences similar to those which result from a sale, which pre-supposes a contract, express or implied. such transactions may be called 'quasi-contracts of sale'. simpson has defined 'quasi contract' as :'quasi contract or contract implied in law is, as the name implies the implication of a promise for the promise ..... to contend that since payment of 95 per cent of the amount has been made between 1962 to 1967, no privity of contract is subsisting between the parties. no completed contract came into existence on payment of earnest money or 95 per cent of the amount because the sale was subject to certain terms .....

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Dec 21 1995 (HC)

M/S. Gammon India Limited Vs. Punjab State Electricity Board and Other ...

Court : Punjab and Haryana

Decided on : Dec-21-1995

Reported in : AIR1997P& H43; (1997)115PLR309

..... the matter, we would like to mention that our view to some extent is also influenced on account of the fact that if the petitioner cannot be granted this contract and the contract granted to respondent no. 3 is also cancelled, it would obviously involve inviting fresh tenders resulting into mammoth delay in executing the project of national importance. we ..... impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure.'in our view, the aforesaid principles apply to the facts of this case and, therefore, the contract granted to the respondent-company cannot be cancelled. a division bench of orissa high court in bharati shipyard pvt. ltd. v. pradeep port trust, air 1995 orissa 146, ..... cut of dates was relaxed in public interest. the petitioner on account of its adamant attitude on various issues and, in particular, schedule payments, was not willing to finalise the contract, thus, resulting into immense delay and consequent tremendous loss resulting again into non-construction of cooling towers, construction whereof required immediate attention of the board.11. mr. narang, ..... copy of the agreement between it and the collaborator through its indian representative company incorporated at new delhi apart from the copies of letters, referred to above. after the contract was awarded to respondent company, it executed the memorandum of understanding directly with the foreign collaborator on may 3,1995 during the course of progress of work as the .....

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Jul 07 1995 (HC)

Bhupinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Jul-07-1995

Reported in : (1995)111PLR387

..... statute governing the person making the representation provides otherwise result in an agreement enforceable at law if the statute requires that the agreement shall be in a certain form no contract may result from the representation and acting, therefore, but the law is not powerless to raise in appropriate cases an enquiry against him to compel performance of the obligation arising ..... actually in existence raise an estoppel, if another person alters his position relying upon the representation. a representation that something will be done in the future may result in a contract, if another person to whom it is addressed acts upon it. a representation that something will be done in future, is not a representation that it is true when made ..... defence of executive necessity is of limited scope. it only avails the crown where there is an implied term to the effect or that is the true meaning of the contract.' 44. in turner morrison and co. ltd. v. hungerford investment trust ltd., a.i.r. 1972 s.c. 1311, the principles enunciated in anglo afghan's case (supra) were considered .....

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Oct 12 1995 (HC)

Anti Corruption and Social Welfare Organisation Vs. State of Punjab an ...

Court : Punjab and Haryana

Decided on : Oct-12-1995

Reported in : (1996)112PLR553

..... . the public policy is not static. it is variable with the changing times and the needs of the society. the march of law oust match with the fact situation. a contract which does not cause any loss to the government or the public authority, nor there is anything to infer that the bidders had formed a ring to peg down the ..... auction, it was quite natural that only those persons could have participated in the auction who were financially sound and who had the capacity and necessary means to perform the contract of collection of octroi. accordingly, the second plea raised by the petitioners has no merit in it.11. turning to the last plea, it is important to note that according ..... writ in the nature of certiorari quashing the auction dated march 13, 1995 conducted by nagar council, sunam - respondent no. 4 for leasing out the collection of octroi rights on contract with effect from april 1, 1995 to march 31, 1995 to respondent no. 5.2. the factual background giving rise to this petition is that in view of the powers .....

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Mar 09 1995 (HC)

Gleason Works Vs. Punjab Tractors Ltd.

Court : Punjab and Haryana

Decided on : Mar-09-1995

Reported in : [2001]103CompCas992(P& H)

..... respondent was not responsible. a civil suit has already been filed for claiming damages. as to what would be the effect of cancellation of the contract and how much damages under these circumstances may/can be awarded to the petitioner shall have to be adjudicated upon which cannot be said to be ..... petitioner argued that in the cancellation clause which has been reproduced in the earlier part of this judgment, it is clear that damages for cancellation of contract were 100 per cent where the work had been completed; that in the present case, work had already been completed by the petitioner and the ..... exclude the right to claim an unascertained sum of money as damages. the right to claim liquidated damages is enforceable under section 74 of the contract act and where such a right is found to exist no question of ascertaining damages really arises. where the parties have deliberately specified the amount ..... petition because it involves disputed questions of facts. undoubtedly, the amount claimed in this petition as due from the respondent-company is on account of contract entered between respondent no. 1 and gleason works s.a. this amount is an ascertained sum of money which can be said to be an ..... to the filing of the present petition in which the claim made is the same as in the present case; that there was no privity of contract between the petitioner and respondent no. 1 and, therefore, this petition was not maintainable. on the merits, the averments made in the petition have been .....

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Dec 22 1995 (HC)

Rai Singh Vs. Mohinder Singh

Court : Punjab and Haryana

Decided on : Dec-22-1995

Reported in : (1996)113PLR72

..... to the appellate to lead evidence to show that there was apart from the rent note distinct separate agreement under which the terms of the original contract or grant were modified and that the partners of the firm, both before and after its re-composition were the real tenants of the shop. ..... section 92 of the act deals with the subject - exclusion of evidence of oral agreement. according to section 92 of the act, when the terms any contract, grant or other disposition of property has been reduced in the form of a document, no evidence of any oral agreement or statement is to be ..... counsel, the courts below have erred in law in coming to the conclusion that the plaintiff was ready and willing to perform his part of the contract. such a conclusion is not supported as per evidence. on the other hand, the cogent evidence led by the appellant to prove his presence before ..... the agreement opp3/ whether the defendant has been ready and willing to perform is part of the agreement opd.4/ whether time is essence of the contract and the plaintiff committed breach of the same, if so its effect opd5/ whether the plaintiff is entitled to specific performance of the agreement dt. 21 ..... reads as under:-'proviso (4): the existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property,' may be proved except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according .....

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Jan 18 1995 (HC)

Halwasiya Free Chikitsalya Ayurvedic Vs. Authority Appointed Under Min ...

Court : Punjab and Haryana

Decided on : Jan-18-1995

Reported in : (1995)110PLR120

..... part of the society for improving the general economic condition of some of its less favoured members appears to be in supersession of the old principle of absolute freedom of contract and the decree of laissez faire and in recognition of the new principles of social welfare and common good. prior to our constitution this principle was advocated by the movement .....

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Jan 18 1995 (HC)

General Manager, Punjab Roadways and anr. Vs. Dyal Singh and ors.

Court : Punjab and Haryana

Decided on : Jan-18-1995

Reported in : (1997)IIILLJ187P& H; (1995)110PLR281

..... dismissal or demotion is unlawful and, therefore, the employee continues to be the workman of the employer and is entitled to the benefits due to him under a pre-existing contract, cannot be made under section 33-c(2). if a settlement has been duly reached between the employer and his employees and it falls under section 18 (2) or (3 .....

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Jul 04 1995 (HC)

Gurbax Singh Vs. Labhu Ram

Court : Punjab and Haryana

Decided on : Jul-04-1995

Reported in : (1995)111PLR546

..... to be erroneous. under section 21(2) of the specific relief act in case the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant then court can award compensation to the plaintiff for the breach. in that case section 21(5) of the act ..... of the contract, the plaintiff can claim compensation for breach either in addition to or in substitution of such performance. thus, this section empowers the plaintiff to claim compensation in lieu of his ..... not fall within the ambit of section 21 of the specific relief act. according to section 21 of the specific relief act, in a suit for specific performance of a contract, the plaintiff can also claim compensation for its breach, either in addition to, or in substitution of, such performance i.e. to say while filing a suit for specific performance .....

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Apr 19 1995 (HC)

Tejinder Singh Bawa and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-19-1995

Reported in : (1995)110PLR578

jawahar lal gupta, j.1. the three petitioners alongwith another person purchased the land measuring 633 square yards close to the district court chowk in amritsar. they submitted a plan for raising construction on this land. the municipal corporation, amritsar, respondent no. 2, rejected the plan on the ground that the land in question was 'a part of green space'. even a representation submitted by petitioner no. 1 to the government was rejected vide order dated april 25, 1990. aggrieved by these orders, the petitioners filed civil writ petition no. 8072 of 1990 and prayed that a writ of mandamus be issued directing the respondents to sanction the plan or to acquire the land on payment of compensation under section 275 of the punjab municipal corporation act., 1976. it appears the even before the plan had been formally sanctioned, the petitioners had started raising construction on the site on january 20, 1989. on january 31, 1989, the respondent corporation served a notice on petitioner no. 1 to show cause as to why he should not he stopped from raising the construction. therefore, as many as seven notices were issued to the petitioners from february 13, 1989. the petitioners resorted to litigation before the civil court. according to the petitioners, in spite of the grant of an ad interim injunction, the building was actually demolished on june 20, 1989. thereafter, notices under sections 269(1) and 220(1) of the punjab municipal corporation act, were issued to the .....

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