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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1996 Page 1 of about 42 results (0.034 seconds)

Oct 28 1996 (HC)

National Insurance Co. Ltd. Vs. Smt. Santro Devi and ors.

Court : Punjab and Haryana

Decided on : Oct-28-1996

Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667

..... is in a position to control the conduct of the insured or insurer in the use of vehicles in public place. there is no gain-saying that the contract of indemnity is not a personal contract in that sense with the third person. it is the third party's right against the insured undertaken by the insurer to re-imburse the insured under ..... of loss too. insurer cannot be antagonised because its participation in carrying out the welfare activities of government which is the governmental functions.34. the contract of motor insurance in essence is one of the indemnity for consideration which guarantees the insured, compensation for the loss or risk in case of an accident or loss or damage suffered totally or partially stipulated ..... the holder of a fake driving licence renewed by a competent authority, would not amount to violation of the conditions of contract or of insurance policy. it would not be violating either conditions of indemnity or the insurance policy or the contract or violation of any statutory provisions. under these circumstances, merely employing a driver with a forged driving licence would not absolve ..... insured. the insurer is entitled to all the rights and remedies against third person with respect to the subject matter of insurance. the contract of motor insurance is an essence for all intents and purposes of the indemnity and particularly to the third person. the insurer is liable to reimburse the third party on account of the loss caused by him. the .....

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May 31 1996 (HC)

Ram Sumer Vs. Presiding Officer, Industrial-cum-labour Court-i and ors ...

Court : Punjab and Haryana

Decided on : May-31-1996

Reported in : (1998)IIILLJ1151P& H

..... act' saves the rights and privileges of employees in any establishment which are available to such employees under the provisions of any other law, contract, custom or usage applicable to such establishment or under any award, settlement or agreement binding on the employer and employee in such establishments. the ..... rights or privileges to which an employee in any establishment is entitled on the date this act comes into force, under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, ..... the 'act of 1958' and the rules framed thereunder. section 33 contains certain rights and privileges which are admissible to employee under any other law, contract, custom or usage. for the purpose of this case, it will be useful to reproduce sections 12 and 33 of '1958 act':'22. notice ..... that where under the provisions of any other act or rules, orders or notifications issued thereunder or under any standing orders or any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to ..... such as 'reinstatement' of wrongfully dismissed or discharged workmen, which may not be permissible in common law or justified under the terms of contract between the employer and such workmen, the legislature has attempted to frustrate the unfair labour practices and secure the policy of collective bargaining as .....

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Mar 06 1996 (HC)

Jagga Singh and ors. Vs. Mal Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-06-1996

Reported in : (1996)113PLR272

..... of the specific relief act deals with the rectification of the instrument. as per section 26(1) of the act when through fraud or mutual mistake of the parties, a contract does not express their real intention then either parly can institute a suit to have the instrument rectified. the court if finds that the instrument does not express the real ..... evidence act procludes a person from adducing oral evidence to contradict, vary or add to the terms of agreement in writing. it says that as and when terms of 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 shall be admitted between the parties to .....

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Aug 30 1996 (HC)

Commissioner of Income-tax Vs. Indo Asian Switch-gears (P.) Ltd.

Court : Punjab and Haryana

Decided on : Aug-30-1996

Reported in : (1997)137CTR(P& H)9; [1996]222ITR772(P& H)

..... allowable as a penalty. it was observed by the high court that there was a distinction between penalties for infractions of the law and compensation or damages for breaches of contract. somewhere, in between, apparently fall the cases relating to payment of damages in actions for negligence for other tortious acts, either of the assessee or of his employees or ..... following observation is relevant (at page 974) :' sea freight and marine insurance are clearly services rendered outside india. further, both these services are in connection with the execution of the contract entered into with the foreign buyer. both the conditions of sub-clause (viii) are, therefore, satisfied. once this conclusion is reached, it is no reason to exclude sub-clause ..... outside india in connection with, and incidental to, the execution of the contract entered into by the assessee with foreign buyers for the supply outside india of the goods. it is stated that sub-clause (iii) which prohibited deduction of expenditure incurred on ..... transit, where such expenditure is incurred before the 1st day of april, 1978 ; . . . (viii) performance of services outside india in connection with, or incidental to, the execution of any contract for the supply outside india of such goods, services or facilities.' 23. the assessee's plea is that freight and insurance charges had been incurred on the performance of services .....

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Jul 01 1996 (HC)

Lloyd Projects Private Limited Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-01-1996

Reported in : (1996)114PLR407

..... should be obtained before the lci is issued.e) chief engineer/thermal designs, is authorised to allow a variation upto () 5% of the contract price during execution of the contract.the contract being commercial, the board in the very nature of things was the only proper authority to pick up the best of the two bidders and ..... be taken by a authority vested with such power cannot be treated and examined by the court.-----------------------------------------------------------------------------------------....... .............. ................ .......... ......... ....... ........ ....... ........ ........ ........ .............the question of awarding licensing and contracts does not depend merely on the competitive rates offered; several factors have to be taken into consideration by an expert body which is more familiar with the intricacies of that ..... no writ petition is not maintainable for quashing the grant of a non-statutory contract to respondent 3. it is further pleaded that the petitioner tried to modify the terms and conditions of its initial offer by addressing the letter dated 24 ..... terms of the aforesaid regulations. the board did not take into consideration the subsequent alteration or clarification as the petitioner puts it and decided to award the contract to respondent 3.3. in the written statement filed on behalf of the board, a number of preliminary objections have been taken it being pleaded that .....

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Jul 19 1996 (HC)

Man Singh and anr. Vs. Shri H.S. Kohli (Harbhajan Singh Kohli) and ors ...

Court : Punjab and Haryana

Decided on : Jul-19-1996

Reported in : (1997)115PLR643

..... property allegedly purchased by the plaintiff under an agreement is not maintainable because equally efficacious relief is available to such plaintiff to file a suit for specific performance of the contract. also it has been held that no injunction can be granted in favour of such vendee. similar to the effect is the citation reported as satish bahadur v. hans raj ..... are taken in favour of the plaintiffs regarding the due execution of the agreement and the ownership of the property, still it will be seen whether non-performance of the contract can provide with an adequate compensation to the plaintiffs or not. i am of the considered view that the basis of the suit, i.e., the agreement dated 10.7 ..... injunction can be granted to the plaintiffs who have not approached the civil court with clean hands and have tried to mislead the court. there was no legal and valid contract which came into existence between the plaintiffs and defendants nos. 1 to 3. the plaintiffs have forged and fabricated the agreement by putting the signatures of paramjit singh bhatia and ..... of 360 sq. yards on the plot in favour of m/s the plaintiffs alleged that they were ready and willing to perform their part of the contract and had got the balance sale consideration with them, but defendants nos. 1 to 3 did not give any intimation to them regarding the vacation of the premises by m .....

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Sep 12 1996 (HC)

Avtar Singh Vs. Gurjit Kaur (Widow) and ors.

Court : Punjab and Haryana

Decided on : Sep-12-1996

Reported in : (1996)114PLR567

..... and since the attaching creditor is entitled to attach only the right, title and interest of the judgment-debtor the attachment cannot be free from the obligations incurred under the contract for sale. section 64 cpc no doubt was intended to protect the attaching creditor, but if the subsequent conveyance is in pursuance of an agreement for sale which was before ..... case of mohinder singh and anr. v. nanak singh,(1971) 73 p.l.r. 257, and held as under:-'hence, if under a contract of sale entered into before attachment, the conveyance after attachment in pursuance of the contract passes on good title inspite of the attachment. to the same effect are the decisions of the bombay high court in rango ramachandra .....

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Dec 05 1996 (HC)

Gulmohar Estates Limited and ors. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Dec-05-1996

Reported in : (1997)116PLR547

..... 140, the licensees did not get the additional quantities applied for by them. they claimed rebate/remission on the amounts payable by them under the contracts. while rejecting their plea that the state had acted arbitrarily and unreasonably, their lordships of the supreme court observed:-'in short, the duty to ..... a situation, provided that they are not applied too literally and that facts are not sacrificed to phrases.'analysing the situation here, a concluded contract must be held to have come into existence between the parties. the appellants have displayed ingenuity in their search for invalidating circumstances but a ..... upon their acceptance by the government a binding agreement came into existence between the parties. the conditions of auction become the terms of the contract and it is on these terms that licences me granted to the successful bidders in form l-14-a of the rules. as stated ..... and observed: -'on the preliminary objection it was finally urged by the appellants that the objection was misconceived because there was in fact, no contract between the parties and therefore, they were not attempting to enforce any contractual rights on to wriggle out of contractual obligations. the short answer ..... allowed, namely: -(a) where money or other property ha been deposited as security for the performance of an obligation imposed by law or contract from the date of the deposit;(b) where the obligation to pay money or restore any property arises by virtue of a fiduciary relationship, .....

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Aug 01 1996 (HC)

Chand Kaur Vs. Raj Kaur (Died) and Others

Court : Punjab and Haryana

Decided on : Aug-01-1996

Reported in : AIR1997P& H155

..... sub-rule (3) of rule 23 of the code further makes legislative intent more clear by specifying that an agreement or compromise which is void or voidable under the indian contract shall not be deemed to be lawful within the meaning of the rule. the purpose of effecting a compromise between the parties is to put an end to the various ..... . for such concession of either side an agreement of mind, free from pressure and influence, is essential. every compromise undisputedly is a form of contract, which, thus, must essentially fulfil the ingredients for entering into a lawful contract and agreement.9. the provisions of order 23 of the code postulate that it is only some forms of compromises or agreements which, subject .....

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Aug 19 1996 (HC)

Krishna Kumari Vs. Ashwani Kumar

Court : Punjab and Haryana

Decided on : Aug-19-1996

Reported in : II(1997)DMC616

..... broken marriages. we must remember that this relief is granted by bringing about a profound alteration in the concept of a hindu marriage from that of a sacrament to a contract. by that alteration law has definitely set its fact against forcible perpetuation of the statutory matrimony between unwilling part- ners. next, we must note that this six months' time fixed .....

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