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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2003 Page 1 of about 37 results (0.030 seconds)

Feb 26 2003 (HC)

Smt. Jangiro Devi Vs. Smt. Kailasho Devi

Court : Punjab and Haryana

Decided on : Feb-26-2003

Reported in : (2003)134PLR779

..... of his principal agrees to waive his principal's rights then (subject to any other question such as consideration) the principal will be bound, but he will be bound by contract'.8. in view of the principles laid down in the above precedent, i am of the opinion that the landlady has waived right to seek ejectment on the ground that ..... with the high court that the consideration or object of the agreement entered into between the parties in june, 1962 was unlawful in view of the section 23 of the contract act.'7. subsequently, in brijendra nath and anr. v. harsh wardhan and ors., a.i.r. 1980 s.c. 293, the question, arose whether the landlord by conduct can waive ..... edition, it is stated in paragraph 248 at page 143:'as a general rule, any person can enter into a binding contract to waive the benefits conferred upon him by an act of parliament, or, as it is said, can contract himself out of the act, unless it can be shown that such an agreement is in the circumstances of the particular ..... se introducto. (see maxwell on interpretation of statutes, eleventh, edition pages 375 and 376). if there is any express prohibition against contracting out of a statute in it then no question can arise of any one entering into a contract which is so prohibited but where there is no such prohibition it will have to be seen whether an act is intended .....

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Mar 24 2003 (HC)

Punjab Mandi Board Vs. Gurbax Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-24-2003

Reported in : 2003(3)ARBLR630(P& H); (2003)135PLR381

..... which he had given.14. before concluding, i may refer to cwp 11751 of 1989 filed by the contractor against the board arising out of the same contract, which was ordered to be heard with the appeal. the board had invited tenders for allotting the work and the tender of the22622615. for the reasons recorded ..... .damage done to machinery at plant site and dumped material dueto floods in 9/88rs. 4000000,00in view of clause 15 of the conditions contained in the contract, the contractor could not have made the aforesaid claim nor could the arbitrator examine the same and award any damages due to the alleged loss suffered by ..... work will have to be removed and re-laid by the contractor for which no extra payment shall be allowed. clause 15 of the conditions of the contract between the parties has already been reproduced in the earlier part of the judgment. one of the heads under which the contractor made a claim was damage ..... will have to be removed and relaid by the contractor for which no extra payment will be allowed.16 to 64. xxx xxx xxx'3. the contract contained an arbitration clause according to which all disputes arising out of or in any way connected with the rights and liabilities of either party were to ..... in a single layer using hot mix plant and paver finisher' on village link roads in the districts of jalandhar and kapurthala in punjab state. the contract was to be completed in 6 months and 21 days and it is common case of the parties that the work could not be completed within the .....

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Sep 25 2003 (HC)

Sri Guru Ram Das Charitable Hospital Trust and ors. Vs. State of Punja ...

Court : Punjab and Haryana

Decided on : Sep-25-2003

Reported in : (2004)136PLR99

..... 189 at page 212 as follows:-'.... the principle of waiver is simply this: if one party by his conduct, leads another to believe that the strict rights arising under the contract will not be insisted upon, intending that the other should act on that belief, and he does act on it, then the first party will not afterwards be allowed to .....

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Sep 22 2003 (HC)

Maya Construction Company and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-22-2003

Reported in : AIR2004P& H35; (2004)136PLR33

..... for which financial assistance has been given is to be purchased from the approved dealers of the government. the private dealer cannot insist that the government should also enter into contract with any such private dealer to make it an approved dealer. since the government has every right to select dealers of its choice for delivery of pump sets at the ..... manufacturers association v. state of punjab and ors., air 1989 p & h, 117 and argued that exclusion of the private contractors from the zone of competition for the award of contracts of unskilled works of unlimited value and skilled works of the value of rs. 10 lacs is totally arbitrary, irrational and violative of the petitioners fundamental rights guaranteed under articles ..... also the case of respondent no. 1 that if the cooperative labour and construction societies do not agree to execute the works then the matter becomes open to all and contract required to be given by inviting open tenders.6. in a separate written statement filed on behalf of respondent no. 2, it has been averred that the works being given .....

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May 07 2003 (HC)

Punjab State Vs. Sandhu Singh and Co. and anr.

Court : Punjab and Haryana

Decided on : May-07-2003

Reported in : 2004(1)ARBLR289(P& H); (2004)136PLR307

..... the indian arbitration act, 1940 or any statutory modification thereof. the arbitrator shall determine the amount of costs of arbitration to be awarded to either parties.performance under the contract shall continue during the arbitration proceedings and payments due to the contractor shall not be withheld unless they are the subject matter of the arbitration proceedings.all awards shall be ..... out that no decision has been taken by the superintending engineer within 60 days, therefore, the contractor communicated to refer the dispute to the arbitration under the provisions of contract agreement. the contractor requested the chief engineer to proceed immediately with the matter under the provisions of clauses 60 and 61 of the aforesaid agreement. there was no response ..... through the records of the case carefully.8. the contractor has raised certain claim for extra items before the executive engineer on 2.1.1990 under the terms of the contract. the executive engineer was to give his decision within 30 days. the contractor if aggrieved could approach the superintending engineer within next 30 days and superintending engineer was to ..... settlement of dispute on behalf of the contractor.10. the argument that bhagat singh is the general power of attorney competent to make request for arbitration is misconceived. the contract has been given to a company. the request for arbitration has been given on behalf of the such company. still further the state has not endorsed any communication in .....

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Oct 28 2003 (HC)

Sanchit Industries Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Oct-28-2003

Reported in : (2004)136PLR732

..... of such jurisdiction, but where controversies raised are substantial and are founded on record of the respondents themselves and the demand raised is allegedly contrary to the terms of the contract/letter of intent/letter of allotment, as alleged the court can also not ignore the same in its entirety. keeping these circumstances in mind division bench of this court, vide .....

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Jan 21 2003 (HC)

Devinder Singh Alias Dalvinder Singh and ors. Vs. Mansha Singh and ors ...

Court : Punjab and Haryana

Decided on : Jan-21-2003

Reported in : AIR2003P& H166

..... which would put him on inquiry which if prosecuted would have disclosed a previous agreement, such transferee is not a transferee without notice of the original contract within the meaning of the exception in section 27(b)'.15. even otherwise, it is well settled that this court in the second appeal filed ..... the present act, made the following pertinent observations at p. 70 of the report in this connection :'section 27 lays down a general rule that the original contract may be specifically enforced against a subsequent transferee, but allows an exception to that general rule, not to the transfer or, but to the transferee, and ..... 14) :'section 19(b) of the specific relief act, 1963 protects the bona fide purchaser in good faith for value without notice of the original contract. this protection is in the nature of an exception to the general rule. hence the onus of proof of good faith is on the purchaser who ..... rights of the plaintiffs? opd (4 to 6)6. whether the plaintiffs are entitled to the specific performance of the contract or in the alternative, they are entitled to the recovery of rs. 2,250/-? opp7. relief.'4. on issues nos. 1 to 3, the ..... to 3 received rs. 81,250/- as earnest money from the plaintiffs? opp3. whether the plaintiffs are always ready and willing to perform their part of contract? opp4. whether the suit as framed is not maintainable? opd5. whether defendants nos. 4 to 6 are bona fide purchasers for value without notice to the .....

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Aug 26 2003 (HC)

Sukhdev Kaur and ors. Vs. Hoshiar Singh and anr.

Court : Punjab and Haryana

Decided on : Aug-26-2003

Reported in : AIR2004P& H178

..... stipulated, jurisdiction to award such compensation as it deems reasonable having regard to all circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to settled principles. the section ..... if the same could be quantified in compensation the court may direct specific performance and award compensation for the deficient. it has also been postulated that the portion of the contract left unperformed if forms considerable part of the whole and if for that portion compensation could be determined in terms of money then also specific performance shall not be ordered ..... the plaintiff-appellant for specific performance of the agreement dated 21-5-1993 because once the agreement to sell has been established then specific performance of even part of the contract could have been ordered under section 12 of the specific relief act, 1963 (for brevity 'the 1963 act'). learned counsel has submitted that no reason has been assigned by ..... the basis of the aforementioned findings, the lower appellate court affirmed the findings of the trial court by refusing to pass any decree with regard to specific performance of the contract. the addl. district judge, however, decreed the trial suit of the plaintiff-appellant for refund of rs. 50,000/- alone by observing as under :'in view of the aforesaid .....

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Apr 29 2003 (HC)

Jarnail Singh Vs. Amrik Singh

Court : Punjab and Haryana

Decided on : Apr-29-2003

Reported in : (2003)135PLR425

..... relevant provisions of the evidence act. (5) section 92 excludes the evidence of oral agreements and it applies to cases where the terms of contracts, grants or other dispositions of property have been proved by xxxxxx xxxxxx xxxxxx xxxxxx xxxxxx xxxxxx xxxxx xxxxxx xxxxxx xxxxxx xxxxxx the production of the ..... substracting from the written terms of such a contract. in other words, oral evidence is admissible if it does not fall within the mischief of prohibition imposed by section 92 of the act. the ..... have been reduced to , the form of a document, no evidence except the document itself could be adduced to prove the terms of such a contract subject to rule of a secondary evidence. section 92, however, excludes any oral evidence for the purposes of contradicting, varying, adding to or ..... entitle any person to any decree or order relating thereto: such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. proviso (2).- the existence of any separate oral agreement as to any matter ..... exception 2.- wills admitted to probate in india may be proved by the probate. explanation 1.- this section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one. .....

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Nov 04 2003 (HC)

Tarsem Singh Vs. Bharat Sanchar Nigam Ltd. Etc.

Court : Punjab and Haryana

Decided on : Nov-04-2003

Reported in : AIR2004P& H156; 2006(2)CTLJ93(P& H); (2004)136PLR738

..... class iii or class iv category, if he is related to a person, will not be able to influence the high level authority in awarding the contracts.' after making the aforesaid observations, the division bench clearly held that the aforesaid impugned clause being arbitrary deserved to be quashed and accordingly the clause was ..... (3) of the ccs (conduct) rules. clause (iii)(a) is clearly contrary to clause (ii) which provides that the concerned employee shall refer the tenders/contracts of his near relatives to be dealt by his/her superiors. rule 4(3) of the ccs (conduct) rules and clause (ii) of the policy (annexure ..... that under rule 4(3) of the ccs (conduct) rules, a government servant is restrained from dealing with any matter or giving sanction to any contract in favour of his relatives. in such circumstances, the matter has to be referred to the officials superior to the government servant. clause 4 of the ..... government of india's ccs conduct rule 4, no government servant shall in the discharge of his official duties deal with any matter or sanction any contract to any company or for any other person if any member of his family is employed in that company or firm or under that person or ..... amended upto date. according to the learned sr. counsel the aforesaid rule only forbids the government servant from dealing with any matter or give or sanction any contract to any (company or firm) or any other person if any member of his family is employed in the company which may be under his control. .....

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