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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1996 Page 3 of about 42 results (0.047 seconds)

Aug 30 1996 (HC)

Sunil Suman Kaushik Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Aug-30-1996

Reported in : (1997)115PLR224

t.h.b. chalapathi, j.1. this petition is filed by a resident of jhajjar, district rohtak for issuance of a writ of mandamus directing the respondents namely state of haryana through secretary & commissioner, department of transport, haryana and state transport commissioner, haryana, to comply with the provisions of the motor vehicles act, 1988 with regard to the fitness and emission of smoke etc. from the state transport vehicles and other vehicles which are plied in the state of haryana and also to issue a direction to them to stop the goods carrier from taking passengers and to stop unauthorised vehicles such as 'jugars' being used in the state for carrying passengers and to adopt measures against three wheelers which are plied on rural routes from carrying more than 10 passengers and to provide full safety and comfort in the buses.2. this writ petition is in the nature of a public interest litigation. this court in cm no. 3543 of 1995 filed in this writ petition passed an order as follows:-'in this petition, a prayer was made for issuance of directions to the respondents to comply with the provisions of the motor vehicles act with regard to fit-ness and emission of smoke etc. and taking appropriate action by preventing the plying of unauthorised vehicles, known as 'jugars' in the state of haryana. jugars are being plied without the authority of law and admittedly against the provisions of motor vehicles act. the so-called vehicles are not even registered with the .....

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Sep 23 1996 (HC)

Rakesh Raj and Associates Vs. Central Board of Direct Taxes and anr.

Court : Punjab and Haryana

Decided on : Sep-23-1996

Reported in : [1997]223ITR282(P& H); (1997)115PLR129

..... will be deductible. . . . question 7 : does the requirement apply in relation to payments made to commission agents for arranging sales or to advertising agents rendering professional services ? answer : no. service contracts not involving the carrying out of any work are outside the scope of the provision. . . . question 9 : does the requirement apply in relation to payments made for hiring of equipments ..... to various persons or parties. these questions and answers, being relevant are reproduced below (at page 31) :' question 5 : does the requirement apply to transport contract ? answer : a transport contract cannot ordinarily be regarded as 'contract for carrying out any work' and, as such, no deduction in respect of income-tax is required to be made from payments made under such a ..... given a distorted and misconceived meaning and construction to the ratio of the decision of the supreme court. the observations made by the supreme court were in respect of a contract whereunder a contractor was required to carry out a specified work. therefore, the observations made by the supreme court should be read in the context of the facts of ..... april 1, 1972. it required a person responsible for paying any sum to any resident (referred to as 'the contractor') for carrying out any work in pursuance of a contract (sic). the marginal heading of section 194c is 'payments to contractors and sub-contractors'. the person crediting any sum to the account of the contractor or making any payment in .....

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Aug 29 1996 (HC)

Dr. R.K. Sood Vs. Usha Rani Sood

Court : Punjab and Haryana

Decided on : Aug-29-1996

Reported in : I(1997)DMC588

..... the parties that the wife is living all alone.16. hindu marriage is not yet looked at or recognised in our society and law, as a pure and simple contract like other contracts. this bond is considered more as a religious, moral and social bond of mutual duties and obligations giving marriage a religious and meaningful basis keeping in view the rituals .....

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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 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 r.k.hotels. 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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May 16 1996 (HC)

Dalip Singh Vs. Faquir Singh and Another

Court : Punjab and Haryana

Decided on : May-16-1996

Reported in : AIR1997P& H19

..... (s) thereof. section 30 declares that the co-operative society shall be a body corporate having perpetual succession and common seal and with the power to hold property, enter into contract, institute and defend suits and legal proceedings and do all things necessary for the purposes for which it is constituted. chapter vi contains provisions regarding properties and funds of the .....

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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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Dec 19 1996 (HC)

Ashok Kumar Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-19-1996

Reported in : (1997)116PLR675

..... the building along with shops had become dangerous for human life. in the year 1982 the committee started to demolish the upper storey of the sarai shadiat and gave the contract to romesh kumar and amar nath for the demolition of the whole building along with the shops. four petitioners namely inderjit, ashok kumar, pritam singh and mohinder singh filed a .....

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Jul 10 1996 (HC)

Govt. of Manipur Vs. State of Punjab and Another

Court : Punjab and Haryana

Decided on : Jul-10-1996

Reported in : AIR1997P& H28

..... )(ii). the agent appointed under this agreement seems to carry on the trade substantially on his own account, subject, of course, to the payment of the amount specified in the contract. if he makes any profit after complying with the said terms, the profit is his; if he incurs any loss owing to circumstances specified in clause 6, the loss is .....

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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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