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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 1999 Page 1 of about 35 results (0.115 seconds)

Oct 11 1999 (HC)

ChaIn Singh Vs. Mohar Singh and anr.

Court : Punjab and Haryana

Decided on : Oct-11-1999

Reported in : (2000)124PLR479

..... .r. 1998 punjab and haryana 106 = (1998-1)118 p.l.r. 537, wherein it was held as under:-'altering the terms of the decree must be clearly understood in contract of construing a decree or interpreting a decree or giving clarity to its terms and conditions. in the garb of the latter, the court cannot create a new decree which .....

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Dec 04 1999 (HC)

Dr. Satinder Pal Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-04-1999

Reported in : (2000)124PLR819

..... the respondents. a joint written statement was filed on behalf of respondents no. 2 and 3 and preliminary objection was taken that since the petitioners claim their right under a contract and contractual obligation, in such like cases, the writ jurisdiction of this court, cannot be invoked and petitioners should be relegated to avail their remedy through the civil court. it ..... there been a firm allotment in favour of the petitioners, in such a situation, the department may not be right in asking for the changed condition unless there is a contract to the contrary. merely because a person applies in pursuance of a scheme, does not get a vested right in his favour. at the most, he gets a right to .....

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Oct 15 1999 (HC)

State of Punjab Vs. Krishan Lal

Court : Punjab and Haryana

Decided on : Oct-15-1999

Reported in : (2000)125PLR101

..... month of april 1968 when he did not deposit the instalment of the amount. fully realising that he will not be in a position to discharge his liability under the contract, he executed the gift deed dated 4.11.1968 one in favour of the present plaintiff and the other in favour of shri tarlochan lal who also filed a similar ..... upon a plea which was never put forward.9. it is not the case of the defendant that the house in question was the only property of ram lal. the contract was with ram lal and others, the liability of all of them was joint and several. it has not been clearly shown as to what was the liability of ram ..... 7. all these issues being connected are discussed at one place. the admitted facts of the' case are ram lal father of the plaintiff along with others took an excise contract somewhere in the month of april, 1968. ram lal gifted the house in question to the plaintiff on 4.11.1968 through gift deed ex.p.1. the case of ..... manner, shri ram lal had no right, title or interest in the said property since 4.11.1968. according to the plaintiff, his father shri ram lalallegedly took some excise contracts at nabha and some amount was said to be due to the department from him and that his father was a defaulter. the deputy excise and taxation commissioner, patiala, ordered .....

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Jun 02 1999 (HC)

Ram Kishan Gulati Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Jun-02-1999

Reported in : (2000)125PLR119

..... to pay interest at the agreed rate of 10% as stipulated in the letter of allotment. allotment of s.c.f. through an open auction was the result of a contract between the parties whereby it was agreed between them that the unpaid instalments would be recoverable together with interest at the rate of 10% on the balance price. clause (6 ..... breach of the terms and conditions of contract of allotment.'in sukhpal singh kang's case (supra), it has been held as under:-'we also do not find anything in the rules from which it can be inferred ..... petitioner. rather the conditions incorporated in annexures p. 1 and r. 1 made it obligatory for the petitioners to pay their dues. thus, the petitioner cannot wriggle out of the contract which they had entered into with the respondents. in matters like the present one, writ jurisdiction , cannot be exercised by the high court to permit a party to commit a ..... allotment, the petitioners were bound to abide by the provisions of the act and the rules. the general terms and conditions laid down by the administration form part of the contract entered into between the petitioners and the respondents. paras 11,12 and 21 of the general conditions also contemplate payment of 25 per cent amount as a condition precedent to .....

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Jan 14 1999 (HC)

NaraIn Dass Mahen Vs. Union Territory and ors.

Court : Punjab and Haryana

Decided on : Jan-14-1999

Reported in : (2000)126PLR1

..... interest has been raised to 24% and thus the petitioner is liable to pay interest in order to fulfil his obligation in terms of the contract.although the petitioners has challenged the constitutional validity and vires and rule 12(3) and rule 12(3-a), the learned counsel for the petitioner ..... be binding on the lessee. it is thus clear that the rules framed under the act of 1952 were made part and parcel of the contract entered into between the petitioner and the administration. having accepted those conditions, the petitioner and other allottees were bound to comply with the same. ..... seek intervention of the court for getting themselves relieved of their obligation to pay the amount due to the respondents in accordance with the terms of contract.'11. the levy of interest at a rate higher than the one stipulated in the letter of allotment has been upheld in civil writ petition ..... learned counsel that the respondents are estopped from making recovery of the instalments of premium etc. because they have violated the terms and conditions of contract entered into with the petitioners by not providing the amenities is wholly untenable. at the cost' of repetition, we deem it appropriate to observe ..... to abide by the provisions of the act and the rules. the general terms and conditions laid down by the administration form part of the contract entered into between the petitioners and the respondents. paras 11, 12 and 21 of the general conditions also contemplate payment of 25 per cent amount .....

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Feb 10 1999 (HC)

Mangat Ram Vs. Oriental Bank of Commerce and Another

Court : Punjab and Haryana

Decided on : Feb-10-1999

Reported in : [2001]104CompCas65(P& H); (1999)122PLR167

..... when he sought time to repay the amount in instalments on the basis of a compromise. learned counsel further contended that the interest has been charged in terms of the contract/mortgage deed which was executed between the parties and amount has been calculated after giving benefit of rs. 10,000 as required under law to the petitioner. 6. it has ..... must operate in their own field without being meddlesome to the sphere of the other. mortgage suits are based upon a special contract. the terms and conditions of the mortgage including the rate of interest is the essence of contract between the parties, but for the terms and conditions contained therein the banker would not have advanced loan to the borrower. the ..... contract provides for a specific rate of interest and if such a rate of interest is awarded by the court after due deliberations at the rate of passing of the decree, .....

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Oct 04 1999 (HC)

Punjab State Through Director, Health and Family Planning Vs. Dr. B.S. ...

Court : Punjab and Haryana

Decided on : Oct-04-1999

Reported in : (2000)124PLR701

..... 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 of ..... in a.i.r. 1962 supreme court 1314, sir chunilal v. mehta and sons, it has been held as under :-'where parties name in a contract reduced to writing a sum of money to be paid as liquidated damages they must be deemed to exclude the right to claim an unascertainable sum of money ..... breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. exception of section 74 is relevant for our ..... a period of 3 years on the completion of the condensed mbbs course, still those illustrations and precedents cannot be binding instances upon the government. the concluded contract between the plaintiffs and the defendants no. 1 to 3 was that defendant no. 1 shall compensate the state to the tune of rs. 10,000 ..... the extent of rs. 5,000/- or undertaking that on completion of the course he would serve for a period of three years. till a concluded contract comes into existence, the rights and the liabilities of the parties cannot be governed. even if the government has taken the bond for a sum of rs .....

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Jul 29 1999 (HC)

Ansal Properties and Industries Limited Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Jul-29-1999

Reported in : (2000)124PLR663

..... sought quashing of the conditions of contract on the ground that the same were extremely onerous and arbitrary. it was also held by their lordships of the supreme court in the said case ..... of rajasthan and ors., 1975(2) s.c.c. 633 in which it was held by their lordships that a person who had entered into a contract with the state and its agencies cannot resile from the express obligation undertaken by him. in the reported case before the supreme court, the licenses had ..... it was held by the division bench as under:-'we are further of the opinion that the petitioner cannot challenge the terms and conditions of the contract while it had entered with the haryana urban development authority and on the basis of which it amassed wealth by developing a colony and allotting flats ..... it was further held that in such cases, the mutual rights and liabilities of the parties are governed by the terms of the contracts and the laws relating to the contracts. the division bench also placed reliance on the law laid down by hon'ble supreme court in rajinder singh v. state of madhya ..... that the licences in that case were contracts between the parties and the licensees voluntarily accepted the contracts and they fully exploited the contracts to their advantage to the exclusion of others and now it was not open to them to resile from .....

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Oct 12 1999 (HC)

Punjab State Electricity Board Vs. Indure Limited

Court : Punjab and Haryana

Decided on : Oct-12-1999

Reported in : (2000)124PLR4

..... from march 1, 1989 to july 17, 1990 and from november 4, 1991 to january 31, 1993 helped the contractor in the execution of the contract. the contract in question has awarded to the contractor on the recommendation of shri grewal and that too at a rate higher than the original offer. shri grewal ..... the board is, however, at liberty to challenge the award under section 34 of the act. 17. it is further argued by shri sarin that the contract was not actually given to m/s. indure limited on the recommendation of shri grewal. other allegations are also denied. it is pointed out that there ..... a performance certificate pertaining to the units no. 3 and 4 to m/s. indure limited so that the contractor may be able to secure other contracts also. it was another instance of showing favour to m/s. indure limited. shri sibal has, therefore, urged this court to remove shri grewal as ..... dispute arose between the board and the contractor, shri grewal had retired as chief engineer and he was appointed as an arbitrator under clause 26 of the contract dated march 7, 1990. he has argued that it was incumbent upon shri grewal, when approached to be appointed as arbitrator, to disclose in writing ..... respect of the disputes between the petitioner and respondent no. 1, m/s. indure limited (for short, the 'contractor'). 2. the board entered into a contract with the contractor on march 7, 1990 for designing, manufacturing, erecting testing and commissioning the ash handling system for units no. 5 and 6 of the guru .....

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Jan 21 1999 (HC)

Chamela Ram Vs. Balwant Singh and ors.

Court : Punjab and Haryana

Decided on : Jan-21-1999

Reported in : (1999)122PLR35

..... . in the view i am taking, it is not necessary for me to go into the question whether the plaintiff is ready and willing to perform his part of the contract.17. in this view of the matter, i do not find any grounds warranting interference with the decrees and judgments of the courts below. this appeal, therefore, fails and is ..... of sale by defendant no. 1. but they contended that the plaintiff was not ready and willing to perform his part of his contract and there is material alteration in the endorsement extending the time for performance of the contract and because of the failure of the plaintiff, the earnest money stood forfeited. the suit being filed against a dead person is .....

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