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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1998 Page 2 of about 36 results (0.030 seconds)

Sep 18 1998 (HC)

Yogesh Anand and Co. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Sep-18-1998

Reported in : (1999)121PLR761

..... are not authorised by the rules. there is nothing in the rules to show that the state government cannot add or delete the condition of contract in form 'l'. petitioner-company accepted the terms and conditions with open eyes and once it appended its signatures on the terms and conditions ..... the petitioner's bid was accepted. therefore, it cannot be allowed to challenge the same. in fact, the petitioner- company started working before the contract could be signed by the state of haryana and started extracting sand. therefore, it cannot be allowed to take volte face stand and say that ..... non-availability of sand in some of the villages. it has been further stated that the state government can add or delete any condition of contract which is not contrary to the provisions of the law and rules keeping in view the circumstances. accordingly, conditions 3-a and 18-a ..... villages have been included in the auction and that a dispute has arisen between the previous contractor/lessee and the respondent in regard to the contract granted in the year 1993. according to the petitioner-company, there were 48 villages in the present zone in the earlier lease period ..... of rule 33 of haryana minor mineral concession rules, 1964 (hereinafter referred to as 'the rules'). the petitioner-company accordingly deposited the necessary and advance contract money and also submitted non-judicial stamp papers for executing the agreement. the petitioner-company received form 'l' i.e. statutory proforma of the agreement .....

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May 20 1998 (HC)

Joginder Singh and Co. Vs. Union of India

Court : Punjab and Haryana

Decided on : May-20-1998

Reported in : (1998)119PLR839

..... had referred to clause 30 of the arbitration agreement and held that the claim had not been preferred within six months of the termination of the contract and, therefore, right to claim appointment of arbitrator has been lost. reference has also been made to clause 30 above. it has been ..... compensating for the commission or any such breach or as to any other matter or thing whatsoever connected with or arising out of the contract and whether before during the progress or after the completion of the work such question, difference or dispute shall be referred to the arbitrator ..... hereinafter shall entitle the contractor to sue for payment for services rendered under this contract, the intention being that the only remedy as regards claims made by him not admitted shall be to refer the same for arbitration under ..... will be considered after these period. if the contractor does not claim against the railway administration for payment in respect of service rendered under the contract within the above mentioned periods, he shall be deemed to have waived his right to any payment in respect thereof, provided always that nothing ..... been placed on the record and was not subject matter of any controversy. it reads as under : '30. during the currency of this contract all claims by the contractor against the railway administration must be preferred within three months of the date of the transaction and all objections to disallowance .....

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Jul 20 1998 (HC)

Rattan Lal Vs. Smt. Bharpal and ors.

Court : Punjab and Haryana

Decided on : Jul-20-1998

Reported in : (1998)120PLR525

..... grant of specific relief by enforcing the contract would certainly be a relief which equity would demand. the legislative intention behind section 20 cannot be stated to be that a party first fails to perform its part of ..... , imbalances created against one party and in favour of other, that it would consider exercising its discretion under these provisions. the scheme of this act clearly shows that where a contract is proved in accordance with law and party has acted without undue delay and has perused its remedy in accordance with law without infringing the settled cannon of equity the ..... obtaining rs. 13,000/- as earnest money. but plaintiffs failed to get the sale-deed executed in time though he (appellant) was ready and willing to perform his part of contract. from his statement inference can be drawn that deep chand husband of plaintiff no. 1 has not committed any fraud or mis-representation with defendant and he has taken a ..... fact of execution of sale agreement and his stand is that he was ready and willing to perform his part of contract. so burden is upon him to establish that he was ready and willing to perform his part of contract. defendant has produced the relevant witnesses in this respect. but after going through their statements i feel that plaintiffs are not .....

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Jan 21 1998 (HC)

Data Computer Services Vs. Northern Digital Exchanges Ltd.

Court : Punjab and Haryana

Decided on : Jan-21-1998

Reported in : [1998]92CompCas362(P& H); (1998)118PLR687

..... company in the same manner and to the same extent as if this scheme had not been made. 5. subject to the other provisions contained in the scheme all lawful contracts, deeds, bonds agreements and other instruments of whatever nature to which the 'transferor company' is a party subsisting or having effect immediately before the amalgamation shall be in full force ..... plea. it is not for the parties to confer jurisdiction on the court by consent, more so, where jurisdiction on a court is conferred by the statutory provisions itself. no contract between the parties or any amount of mutual understanding can be said to be capable of creating jurisdiction in another court, if the provision conferring the jurisdiction in a statute .....

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Feb 06 1998 (HC)

Rajesh Vs. Smt. Anuradha

Court : Punjab and Haryana

Decided on : Feb-06-1998

Reported in : (1998)118PLR812

..... . smt. usha sood, (1996-3)114 p.l.r. 486:-' 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 religious, moral and social bond of mutual duties and obligations giving marriage a religious and meaningful basis keeping in view the rituals performed .....

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Jul 14 1998 (HC)

indo Canadian Transport Co. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Jul-14-1998

Reported in : I(1999)ACC94; AIR1999P& H130; (1998)120PLR646

..... the parties, a few provisions deserve to be noticed. the basic provisions are contained in the motor vehicles act, 1988. section 2 (43) defines a 'tourist vehicle' to mean 'a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf.' section 88 (9) inter alia provides that 'subject to any .....

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Mar 30 1998 (HC)

Partap Singh and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Mar-30-1998

Reported in : (1998)120PLR247

nanak chand khichi, j.1. in this writ petition under article 226 of the constitution of india, the petitioners have prayed for the issuance of a writ, order or direction in the nature of certiorari, prohibition, mandamus etc. restraining the respondents from issuing any fresh notification under section 6 of the land acquisition act, 1894, and for setting-aside any such notification, if already issued.2. the facts of the case as have emerged from the record are as under :-the state government issued notification no. 11/14-l-3, dated january 14, 1991 under section 4 of the land acquisition act, 1894 (hereinafter referred to as 'the act') for acquisition of land pertaining to village saniana, chamer khera (18.34 acres) and pabra, majra and kinala (34.86 acres), for a public purpose namely for constructing link channel from rd 9000-l fatehabad branch to rd 75,000 r pabra distributory for improvement of bml barwala/sira branch for the purpose of irrigation of uncommand area and for improvement of the command area. the said notification was published in daily 'tribune dated january 29, 1991 (copy ann. p1). the land owners/interested persons were asked to file objections within a period of '30 days from the publication of this notification. the petitioners being persons interested filed stereo-type objections on february 27, 1991 in terms of section 5-a of the act. copy of one of such objections filed on behalf of sher singh petitioner no. 1l is annexure p2. according to the .....

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Aug 21 1998 (HC)

Satish Kumar and Co. Vs. Krishan Gopal Etc.

Court : Punjab and Haryana

Decided on : Aug-21-1998

Reported in : (1998)120PLR256

v.k. jhanji, j.1. this is tenant's revision directed against the order of ejectment passed against him by the appellate authority.2. landlord (respondent herein) filed an ejectment application against the tenant (petitioner herein). ejectment of the tenant was sought on the ground that he has impaired the value and utility of the premises in question. it was alleged that the tenant without the consent of the landlord has made structural changes which are likely to impair the value and utility of the shop. it was alleged by the landlord that the tenant has changed the front of the shop by raising two pucca brick columns on the chabutra. the said brick columns are fixed with cement to the chabutra beneath it and are of cement lintel resting on the said two columns being also of permanent nature; that the length of the shop has been extended by two feet and about 11.5 in front. shutter has been fixed in front of the shop changing the internal area of the shop, and that the open space in front of the shop has been covered and included in the shop. the material used and the nature of construction is such that it is permanently attached to the shop. the chabutra which already had its foundation on two pillars beneath it has been burdened with extra weight for use of the front portion in the shop. upon notice, ejectment petition was contested by the tenant. tenant pleaded that two columns were raised and rolling shutter installed about 8 years prior to the filing of ejectment .....

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Jul 30 1998 (HC)

Pritam Dev Sood Vs. Puri Brothers and ors.

Court : Punjab and Haryana

Decided on : Jul-30-1998

Reported in : (1998)120PLR512

swatanter kumar, j.1. the main contention raised on behalf of the appellant in the present appeal is that the learned courts below have erred in dismissing the suit as one being barred by time. in order to save the suit being hit by the provisions of limitation act, the learned counsel for the appellant contended that the order of termination dated 28.10.1981 was never served or tendered to the appellant, as such, limitation would start from the date of his retirement, which is alleged to be 15.11.1986. this contention is seriously controverted by the learned counsel for the respondents on facts and law.3. in order to determine the merits or otherwise of this contention reference to necessary facts would be inevitable.4. the plaintiff (appellant herein) filed a suit for declaration that the order of termination dated 28.10.1981 is illegal, wrong, arbitrary, mala fides ultra vires and is in contravention of the terms and conditions of service agreement and the principles of natural justice. the ancillary prayer in the suit was, with regard to consequential benefits for the period 5.4.1981 to 31.12.1985 and thereafter terminal benefits. the appellant joined the service of the respondents herein (defendants in the suit) on 25.5.1960 as supervisor at moga. the plaintiff worked in different units and offices of the defendants, which in the beginning was proprietory concern and then it was converted into partnership and finally into a private limited company. the plaintiff claimed .....

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Aug 06 1998 (HC)

Krishan Kanhaiya Milk Foods Limited and anr. Vs. Haryana State Industr ...

Court : Punjab and Haryana

Decided on : Aug-06-1998

Reported in : (1998)120PLR359

v.k. jhanji, j.1. haryana state industrial development corporation (for short hsidc) and haryana financial corporation (for short hfc) (respondents no. 1 and 2 herein) advanced certain loans to the petitioner company. the loan was to be repaid in terms of agreements executed between the parties. petitioner company made a default in repayment and, therefore, proceedings under section 29 of state financial corporation act (for short the act) were taken. in pursuance of the proceedings under section 29 of the act, possession of the industrial unit was taken over by hfc on its behalf and on behalf of respondent no. 1. thereafter, the unit was sold in open auction and respondent no. 3, namely, sham and company being the highest bidder for rs. 3.60 crores was declared to be the successful bidder. respondent no. 3 deposited rs. 90 lacs, with respondent no. 1. petitioner company and its managing director, mr. arun gupta challenged the action of hsidc in auctioning the unit in favour of respondent no. 3 on various grounds.when the writ petition came up for hearing on august 27, 1997, the managing director produced two cheques of rs. 2.50 crores. cheques were directed to be kept in sealed cover with the additional registrar (judicial) and in the meantime hsidc was directed not to part with the possession of the unit to any one including respondent no. 3. at the motion hearing, a representation was made that on presentation, cheques deposited with this court would be encashed but that .....

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