Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2005 Page 1 of about 27 results (0.027 seconds)

Jan 13 2005 (HC)

Pritam Singh Vs. Sukhdev Singh and anr.

Court : Punjab and Haryana

Decided on : Jan-13-2005

Reported in : (2005)140PLR219

..... deed was not returned after being duly approved by the petitioner. the factum of readiness and willingness to perform plaintiff's part of the contract is to be adjudged with reference to the conduct of the party and the attending circumstances. the court may inter from the facts and ..... whereas for determining the 'willingness' the conduct has to be properly scrutinised. the factum of readiness and willingness to perform his part of the contract is to be adjudged with reference to the conduct of the party and the attending circumstances. whether the plaintiff was ready, and was always ready ..... therefore, following substantial question of law arises for consideration of this court:-whether the plaintiffs were ready and willing to perform their part of the contract when part payment alleged by the plaintiffs is not proved?the plaintiff had paid a sum of rs. 15,000/- at the time of ..... on his agreement and is not willing to execute the sale deed whereas the plaintiffs are ready and willing to perform their pay of the contract and, thus, sought specific performance of the agreement with the intervention of the court.3. the defendant admitted the agreement but alleged that the ..... received by the defendant from the plaintiffs towards the total sale consideration but the defendant refused to abide by the terms and conditions pf the contract. a registered notice was sent to the defendant at his chandigarh address which remained undelivered. another notice was sent to the defendant at jagadhri .....

Tag this Judgment!

Aug 30 2005 (HC)

India Navigation Company Vs. Haryana State Industrial Development Corp ...

Court : Punjab and Haryana

Decided on : Aug-30-2005

Reported in : AIR2006P& H29; (2006)142PLR358

..... exercise of jurisdiction under section 100 of the code. learned counsel has also pointed out that once it is conceded that a concluded contract comes into being on acceptance of pla, then merely declaratory suit would not be maintainable because then either the suit for specific performance ..... on the ground that it is illegal, arbitrary, ultra vires and void ab initio. according to the learned counsel, there was a concluded contract and the same was binding on the defendant-respondent.12. mr. akshay bhan, learned counsel for the defendant-respondent has argued that a declaratory ..... . mahajan has then argued that the time has to be taken as essence of contract only when the vendee is guilty of gross violation. according to the learned counsel, the same principle would apply to the facts of the present case ..... v. pushpalaya printers : air2004sc1700 . he has also pointed out that the principle of 'contra proferentem' has been applied by the supreme court to contracts, other than the insurance contracts in the case of state of maharashtra v. dr. m.n. kaul (dead) by his legal representatives and anr. : air1967sc1634 .8. mr ..... allotment of 2000 square metres plot was only provisional subject to fulfillment of certain terms and conditions as envisaged therein. there was no final contract between the parties merely on the communication of the pla.4. both the courts below decided the pivotal issue against the plaintiff-appellant, namely .....

Tag this Judgment!

Oct 04 2005 (HC)

Ankit Pipes Pvt. Ltd. and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Oct-04-2005

Reported in : (2006)142PLR652

..... public policy. ultimately, what prevails with the courts in such like matters is that while public interest is paramount, there should be no arbitrariness in the matter of award of contract and all participants in the tender process should be treated alike. the state or its instrumentality cannot arbitrarily choose any person it likes for entering into such relationship or to ..... court, their lordships of the supreme court, while observing that the terms of the invitation to tender are not open to judicial scrutiny, the same being in the realm of contract and the government must have a free hand in setting these terms, including pragmatic adjustments which may be called for by the particular circumstances, have held that the courts cannot ..... one company, which is well managed and not seven to eight, who individually were not in a position to take up the whole project, compelling the government to distribute the contract amongst the bidders at the lowest rate, having no scope to negotiate the rates any further. the said stipulation of turnover of rs. 20 crores was challenged by way of ..... legal limits and therefore, even power of judicial review has self-imposed limitations and restraints. there is no gain saying that the award of contract by a slate agency is essentially a commercial transaction and the mode of entering into contract can be chosen by such state agency by fixing such terms of invitation to tender, as are appropriate. the freedom to .....

Tag this Judgment!

Jul 22 2005 (HC)

Smt. Basanti Vs. Madan Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-22-2005

Reported in : (2006)142PLR501

..... record nor the payment of earnest money has been shown. it has also been established that the plaintiff-appellant was not ready and willing to perform her part of the contract and reliance has been placed on the endorsement ex.d8 made by the sub registrar and that she was not possessed of adequate resources for making the payment of balance ..... the loan transaction aforesaid.2. it has further been held that the plaintiff-appellant has failed to prove that she was ready and willing to perform her part of the contract and on the date of execution of the sale deed fixed between the parties i.e. 14.5.1992, she was possessed of adequate resource. placing reliance on the endorsement ..... ordered the return of the application to the vendor-respondent as the vendor was willing to perform his part of the contract. there is no averment in ex.d8 that the plaintiff-appellant was willing to perform her part of the contract that she was possessed of adequate resources in the context. infact, there is no acceptable evidence on the file to .....

Tag this Judgment!

May 17 2005 (HC)

A.S. Gill Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-17-2005

Reported in : [2006]133CompCas759(P& H); [2006]70SCL424(Punj& Har)

..... executive of punjab wireless systems ltd.70. thus, it is clear that both the resolutions as well as the letter of appointment did contain terms to the effect that the contract could be terminated by 3 (three) months' notice. it is, therefore, manifestly clear that the petitioner deliberately and conveniently withheld these crucial documents so that he could argue before ..... being contractual, the same therefore cannot be enforced through a writ petition before this court. the present writ petition is in fact, in the nature of enforcement of a contract which is therefore not maintainable and consequently, liable to be dismissed.69. this court is therefore not able to understand as to what prompted the petitioner not to disclose the ..... months' remuneration as per section 318(4) of the companies act and as per legal opinion (annexure p8).60. the petitioner denies that his appointment as managing director was on contract basis and therefore for an illegal act of terminating his employment, a writ petition is maintainable.61. m/s. p. s. patwalia, learned senior advocate appearing for the respondents, ..... government controlled body that too, without following the principles of natural justice. therefore, the writ petition is maintainable.40. the petitioner has vehemently denied that he was appointed purely on contract basis. he submits that a perusal of the resolution dated may 29, 1996, passed by the board of directors in its 78th meeting appointing him as the managing director (annexure .....

Tag this Judgment!

Sep 21 2005 (HC)

Smt. Krishana and ors. Vs. Smt. Raj Kumari and anr.

Court : Punjab and Haryana

Decided on : Sep-21-2005

Reported in : (2006)142PLR554

s.s. saron, j. 1. this order will dispose of r.s.a. 959 of 2001 filed by smt krishana and payal, widow and daughter respectively of late atam parkash as also the cross-objections no. 17-c of 2001 filed by smt raj kumari and smt nishu, also the widow and daughter respectively of said atam parkash.2. the dispute in the case is with respect to the estate of atam parkash (deceased) who died on 25.2.1988. it is not disputed that during his life time, atam parkash executed a registered will dated 9.4.1982 (ex p4). the case of the plaintiffs - smt krishna and ms payal is that they are the widow and daughter respectively of aforesaid deceased atam parkash. the suit was filed by them for declaration to the effect that they are the only legal heirs of the deceased and are entitled to inherit his estate (moveable and immoveable) and that the defendants had nothing to do with the estate of the deceased. it was alleged that smt shanti devi (defendant no. 1) is the mother of the deceased and smt raj kumari (defendant no. 2) and smt nishu (defendant no. 3) are the alleged widow and daughter respectively of deceased atam parkash. it is further stated that atam parkash was the owner in possession of two houses i.e. house no.6-a, khanna colony, sonepat, and another house no. 61, 4 marlas, sonepat. the second house was sold by deceased atam parkash during his life time and at the time of his demise, he was in possession of house no. 6-a, khanna colony, sonepat along with the plaintiffs who used .....

Tag this Judgment!

Aug 09 2005 (HC)

Harmesh Kumar and ors. Vs. Maya Bai and anr.

Court : Punjab and Haryana

Decided on : Aug-09-2005

Reported in : AIR2006P& H1; (2005)141PLR853

..... contents' of the instrument'.20. this decision was referred to with approval by this court in ningawwa v. byrappa, : [1968]2scr797 . it was observed:'... it is well established that a contract or other transaction induced or trained by fraud is not void, but only voidable at the option of the party defrauded. until it is avoided, the transaction is valid, so ..... that the mind of the signor did not accompany the signature; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which his name is appended'.18. authorities drew a distinction between fraudulent misrepresentation as to the character of the document and the fraudulent misrepresentation as to the contents thereof ..... of ningawwa v. byrappa shi-dappa, hireknrabar, : [1968]2scr797 . their lordships of the supreme court relying on foster v. mackinnon 's case (supra) observed:-'it is well established that a contract or other transaction induced or trained by fraud is not void, but only voidable at the option of the party defrauded;until it is avoided, the transaction is valid, so ..... that the mind of the signer aid not accompany the signatures; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which his name is appended...'(emphasis added)citing various authorities the learned judge continued.'he was deceived, not merely as to the legal effect, but as to the actual .....

Tag this Judgment!

Dec 02 2005 (HC)

Municipal Committee Through Its Secretary and anr. Vs. Bajrang Rao and ...

Court : Punjab and Haryana

Decided on : Dec-02-2005

Reported in : AIR2006P& H142; 2007(2)CTLJ352(P& H); (2006)142PLR764

..... the market price was taken as a proper indication of compensation under section 70 and interest also was awarded.it is thus evident that if a contract has been held to be illegal and not entered into in accordance with the provisions of statute then the remedy of a plaintiff is not completely ..... committee. in the case of pannalal v. dy. commissioner, bhandara holding that the provisions of section 70 of the contract act, 1872 apply to individual and the corporate act, 1872 apply to individual and the corporate bodies/government alike their lordships of the supreme court ..... taken by the supreme court in the case of v.r. subraman-yam v. b. thayappa : [1961]3scr663 . however, principles of section 70 of contract act, 1872 and as propounded in the aforementioned judgment have been again applied for grant of amount of compensation in respect of construction work done for municipal ..... bench of supreme court has laid down three conditions which must be fulfilled to invoke the principle of equitable compensation envisaged by section 70 of the contract act, 1872. the aforementioned position emerges from the reading of para 14 of the judgment which is as under: -it is plain that three ..... of the defendants-appellants that in accordance with the provisions of section 50 of the haryana municipal act, 1973 (for brevity the 'act') the contract was required to be in writing if it exceeds rs. 500/ and that it must be signed by two members one of whom should be the .....

Tag this Judgment!

Jan 18 2005 (HC)

State of Haryana Vs. Liberty Foot Wear Company

Court : Punjab and Haryana

Decided on : Jan-18-2005

Reported in : (2005)141PLR513; [2006]145STC532(P& H)

..... tax act, 1956 whose interpretation by the supreme court in the serajuddin case precluded the present appellant from tax exemption in respect of sales in question since he had no contract with or obligation to the foreign buyer. he contended that rule 29(v) being subsequent to and consequently subsequent to rule 27 must be interpreted to refer to these transactions ..... being export sales were covered under the aforesaid rules and, as such, the value of the goods sold by the assessee under the aforesaid contract were liable to be deducted. the excise and taxation commissioner, haryana, as noticed above, has claimed the present reference on the questions of law already noticed above.6. we have ..... taxation commissioner. accordingly, the order of the assessing authority dated march 12, 1974 was restored. the tribunal held that although there were points of similarity between the contract in the present case and the contract entered into by the state trading corporation but because of the operation of rules 27 and 29 of the rules, the aforesaid sales claimed by the assessee ..... out of the territory of india could have been in one transaction or by a series of transactions. therefore, when the assessee firm entered into a contract with the state trading corporation and the aforesaid contract duly provided for f.o.b. destination supply of goods and consequently shipping on behalf of the assessee-firm, then for all intents and purposes, it .....

Tag this Judgment!

Feb 07 2005 (HC)

Sant Lal Tek Chand Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Feb-07-2005

Reported in : [2005]142STC135(P& H)

g.s. singhvi, j.1. the sales tax tribunal, haryana (for short, 'the tribunal') has referred the following questions for the opinion of this court:'(i) whether in the facts and circumstances of the case, the tribunal was justified in upholding the penalty under section 48 of the haryana general sales tax act, 1973 ?(ii) whether in the facts and circumstances of the case, the tribunal was justified in inferring deliberateness in filing the third quarterly return by ignoring the explanation of the petitioner?(iii) whether in the facts and circumstances of the case, the tribunal was justified in confusing the words 'withholding' with the words 'evasion of tax' and was right in law in upholding the penalty when the turnover for the whole of the year as returned by the petitioner in the return of paddy has been accepted and the assessment made for the whole of the year?' (in the original reference order as well as statement of case sent to this court, the tribunal has, by mistake used the word 'concluding' but with the consent of the learned counsel for the parties, we have read the word 'confusing' instead of the word 'concluding' because the said word does not make any sense).2. the petitioner is running a rice sheller at kaithal and is also doing the business of commission agency. it is registered as a dealer under the haryana general sales tax act, 1973 (for short, 'the 1973 act'). it has been filing returns under section 25(2) of the 1973 act on quarterly basis. in the third .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //