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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1998 Page 3 of about 36 results (0.028 seconds)

Aug 27 1998 (HC)

Prem Sagar Vs. Ram Lal

Court : Punjab and Haryana

Decided on : Aug-27-1998

Reported in : (1999)121PLR615

swatanter kumar, j.1. the main contention raised by the learned counsel for the appellant in this regular second appeal is that the plaintiff (respondent herein) ought to have examined the handwriting expert to prove his case and further that only suit for specific performance would lie as per the terms contained in the alleged agreement between the parties. basing his argument on these submissions, the learned counsel has impugned the judgments of the court below.2. the plaintiff had filed a suit for recovery of rs. 1,71,875/- against the defendant. it was stated that the defendant had borrowed a sum of rs. 1,25,000/-, executed a pronote dated 11.7.1989 and acknowledged the receipt of the said amount. interest at the rate of 1.80 per cent per month was payable. it was further the case of the plaintiff that the defendant had also executed an agreement that in the event of default of payment he would have no objection to the sale of land measuring 4 bighas 1 biswas in favour of the plaintiff.3. the suit was contested by the defendant. the learned trial court framed as many as five issues. the onus of issue no. 2 which related to forgery and fabrication of the pronote and the receipt was placed upon the defendant. while answering all the issues against the defendant and in favour of the plaintiff the trial court decreed the suit for principal relief of recovery of money vide its judgment and decree dated 10th february, 1995. this was assailed unsuccessfully in appeal by the .....

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Mar 31 1998 (HC)

Lt. Colonel Jaswant Singh (Deceased by Lr) Vs. Daljit Singh (Deceased ...

Court : Punjab and Haryana

Decided on : Mar-31-1998

Reported in : AIR1998P& H254; (1998)120PLR495

..... trust had declined to grant permission before the expiry of ten years from the date of agreement, the plaintiff was not legally entitled to enforce the contract before the expiry of ten years. the trial court as well as the appellate court have rightly held the suit to be within time.44. in ..... specific performance of agreement. the offer was withdrawn by the plaintiff but without any reason since the plaintiff had already performed his part of the contract, the repudiation of contract by defendant no. 2 is found to be uncalled for and not permissible in law. defendant no. 2 was bounc by the agreement ..... dalip singh, air 1973 raj 45, it was held that a suit for specific performance can only be founded on a contract. if there is no contract, the party cannot come to enforce that contract. a contract to be specifically enforced by the court must, as a general rule, be' mutual.35. in mohd. hanif (deceased ..... v. kasivasi chidambara swamigal, air 1928 madras 407, it has been held that section 27(b) of the specific relief act pre-supposes a valid contract. that was a case where agreement by the guardian of a minor was found to be void and unenforceable against the minor. it was, therefore, held ..... no. 2. since the second agreement (exh. px/1) was an undated agreement though signed by both the parties, it does not become a legal contract because it was an incomplete agreement. it was presented before shri lal singh, the then chairman of the improvement trust, amritsar, but he declined to sign .....

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May 14 1998 (HC)

Punjab State Cooperative Supply and Marketing Federation Ltd. and Anot ...

Court : Punjab and Haryana

Decided on : May-14-1998

Reported in : (1998)120PLR529

..... first notice so served is dated 3-12-1992. it is addressed to chief engineer, markfed and reads as under : 'i hereby invoke the provisions of clause 40 of the contract agreement between our from and the executive engineer(c), markfed, chandigarh and call upon you to enter into reference and call upon the parties to submit their statement on claims ..... following findings : '..... therein, the post of director of storage in the ministry of food, government of india, was abolished no person holding that post was available for arbitration under the contract. the contention was that when there was a named arbitrator even though he was named by office it was not open to the court to supply the vacancy in his ..... an estimated cost of rs. 230 lacs. the tender of respondent m/s. lakhmir singh chandha & co. was accepted. as per terms of the contract, if there was any dispute or differences between the parties to the contract, the same was to be resolved through arbitration of the chief engineer of markfed. as dispute arose between the parties. the respondent invoked the .....

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May 05 1998 (HC)

Haryana Urban Development Authority Vs. Smt. Raj Dulhari and ors.

Court : Punjab and Haryana

Decided on : May-05-1998

Reported in : AIR1998P& H283; (1998)119PLR757

..... come into existence at some future time, though not existing; for example, the future product of grain or trees already planted, or the successive future instalments or payments on a contract or engagement, already made. in other words service which is not only extended to actual users but those who are capable of using it are covered in the definition. the ..... money; and includes stock and shares growing crops, grass, and things attached to or forming part of the !and which are agreed to be severed before sale or under the contract of sale.' 7. their lordships also referred to the definition of the term 'service' and then held as under (at p. 793 of air) :--'it is in three parts. the .....

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May 18 1998 (HC)

Nestle India Limited and Another Vs. State of Punjab and Others. (and ...

Court : Punjab and Haryana

Decided on : May-18-1998

Reported in : (1998)120PLR367

..... against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. it is elementary that in a republic governed by the rule of law, no one, howsoever high or low, is above the .....

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May 22 1998 (HC)

Ram Niwas Bansal Vs. State Bank of Patiala and Another

Court : Punjab and Haryana

Decided on : May-22-1998

Reported in : (1999)IILLJ126P& H; (1998)119PLR768

swantanter kumar, j.1. whether, in absence of a specific provision in regulation 70 of the state bank of patiala (officers) service regulations, 1979, granting right of personal hearing to a delinquent officer before the appellate authority in departmental proceedings, the court would read into such rule and provide right of such hearing on the application of maxim audi alteram partem, is the precise question that falls for consideration of the full bench in this writ petition. 2. reference to basic facts would be, necessary before we advert to answer the afore-stated question. the petitioner joined the service as a clerk in the state bank of patiala in the year 1962; was promoted as grade-ii officer in 1971 and grade-i officer in the year 1977. on october 20, 1980 when the petitioner was working as accountant at narwhal, charge-sheet dated october 20, 1980 was served upon the petitioner and it was followed by the supplementary charge sheets dated january 15, 1981 and january 8, 1982. the petitioner submitted his replies to the charge-sheets. one shri dev raj verma was appointed as enquiry officer on january 21, 1981. the enquiry was completed and enquiry officer submitted his report to the disciplinary authority. the petitioner claims that enquiry officer did not give adequate opportunity to the petitioner to address arguments in writing or orally upon conclusion of the enquiry proceedings. thus, there was violation of the principles of natural justice. the enquiry officer .....

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Mar 12 1998 (HC)

Hari Ram and ors. Vs. Nafe Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-12-1998

Reported in : (1998)118PLR852

..... time of execution of agreement dated 6.9.1991 as earnest money? opp.3. whether the defendant has committed the breach of contract? opp.4. whether the plaintiff has been and is ready and willing to perform his part of contract? opp.5. whether the suit is not maintainable? opd6. whether the plaintiff has no cause of action? opd.7. whether the .....

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Mar 23 1998 (HC)

Jagjit Singh and ors. Vs. Mithoo Singh

Court : Punjab and Haryana

Decided on : Mar-23-1998

Reported in : (1998)119PLR661

..... . aggrieved by the same, the present revision petition has been filed.5. as referred to above, the suit of the respondent was with respect to the specific performance of the contract namely agreement of sale of the property executed by kartar singh since deceased. keeping in view the said fact, the learned district judge had felt that defence that petitioners intend .....

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Nov 30 1998 (HC)

Smt. Veena Sharma Vs. Life Insurance Corporation of India Etc.

Court : Punjab and Haryana

Decided on : Nov-30-1998

Reported in : 1999ACJ685; (1999)121PLR202

..... that 'by s.45 the nice distinction created by the doctrine of warranty under the english common law has been eliminated. the insurer cannot avoid the consequences of the insurance contract by simply showing inaccuracy or, falsity of the statement made in the proposal for insurance, or in any report of the medical officer, or in any other document leading to ..... date it was effected on the ground that some statements leading to the issue of policy were inaccurate or false, and the second provides that when the insurer challenges the contract of insurance after the expiry of 2 years of its being effected, he cannot seek to avoid the policy except when there is any false statement or suppression concerning a ..... contended that the form filled in by the insured in regard to personal statement regarding health contained a declaration that if any statement made is found to be incorrect, then contract shall be deemed to be null and void and all monies paid towards revival of the policies and subsequent thereto, shall stand forfeited to the corporation. mr. mahajan jeontended that ..... for consideration before a division bench of assam high court in new india assurance co. ltd. v. sulochana chowdhurani, a.i.r. 1962 assam 65. therein, it was held that contract of insurance including contracts of life insurance are contracts uberrima fides and every fact of materiality must be disclosed, otherwise there is good ground for rescission of the .....

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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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