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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2007 Page 1 of about 29 results (0.028 seconds)

Dec 10 2007 (HC)

United India Insurance Company Limited Vs. Kusum Sood and ors.

Court : Punjab and Haryana

Decided on : Dec-10-2007

Reported in : 2008ACJ2601; (2008)149PLR16

..... the conditions of the contract of which the policy is an embodiment.7. in the instant case, the insurance policy, which was produced before us, reveals that the driver of the vehicle was covered under ..... .we have heard the learned counsel for the parties.6. in our considered opinion, the insurance company is bound by the terms of the policy as it is an intended contract between the insured and insurer. 7. in case, the insurance company wants to wriggle out of the liability to pay the compensation, then it has to establish the breach of .....

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Jan 24 2007 (HC)

infotech 2000 India Limited and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jan-24-2007

Reported in : AIR2007P& H58; (2007)146PLR420

..... be said to be suffering from arbitrariness or fraud as it is the petitioners who have failed to accept the terms and conditions of the contract in spite of the fact that acceptance was conveyed within the validity period.15. the argument that the bank guarantee cannot be encashed since ..... petitioners as well as of the highest bidder is on account of their failure to perform their contractual obligations. in the cases of breach of contract, the consequences has to follow from each of the defaulting tenderers. the petitioners cannot take the benefit of forfeiture of earnest money of another independent ..... the terms and conditions and filed a writ petition lor return of the bank guarantee. therefore, the only consequence of failure to complete such concluded contract was forfeiture of earnest money furnished by the said bidder. with the forfeiture of earnest money of the highest bidder, the issue of offer and ..... of india v.ganga enterprises : air2003sc3823 wherein it is held that writ petition is not maintainable in a claim arising out of a breach of contract. still further, reliance is placed upon the finding recorded by a division bench pertaining to the same nit wherein the writ petition of a ..... conditions of the notice inviting tender as well as pleaded that no writ can be issued for invoking bank guarantee as it is an independent contract in itself. it was also pleaded that the writ petition arising out of the contractual obligation is not maintainable and, thus, dismissal of the .....

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May 15 2007 (HC)

Mukhbir Singh and ors. Vs. Jiwan Singh and ors.

Court : Punjab and Haryana

Decided on : May-15-2007

Reported in : 2008(1)CTLJ51(P& H); (2007)4PLR252

..... :12. the question of invoking the provisions of section 53a of the act would arise only if it is proved that in part performance of the contract possession of the suit land was given. this can be done only if the finding of the lower appellate court is reversed and it is held ..... transfer of property act is a weapon of defence and not for attack and can be invoked only if it is proved that in part performance of the contract, possession was given to the party. i find support for this view from the judgment of this court in the case of mukand singh v. jang ..... -appellants by holding that the plaintiffs failed to establish that they or any of them had secured possession of the plot in dispute in pursuance of the contract for sale. it was further held that jiwan singh, chattar singh and kirpal singh entered into agreement dated 5.2.1974, which was attested by mohinder ..... contention of the learned counsel for the appellants also cannot be accepted as under sections 64 and 65 of the contract act, it is only the benefits, which have been given under a void contract, which is rescinded subsequently, are liable to be restored and once it is proved that the possession was not handed ..... of the agreement of sale?2. whether in view of the provisions of sections 64 and 65 of the contract act, the plaintiff-appellants were entitled to get back the possession on cancellation of the contract?11. the learned counsel for the appellants in support of his contention argued that once an agreement of sale .....

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Oct 31 2007 (HC)

Food Corporation of India and ors. Vs. Presiding Officer, Central Govt ...

Court : Punjab and Haryana

Decided on : Oct-31-2007

Reported in : [2008(116)FLR694]; (2008)IILLJ434P& H; (2008)149PLR101

..... genuine and prohibition notification under section 10(1) of the clra act in respect of the concerned establishment has been issued by the appropriate government, prohibiting employment of contract labourer in any process, operation or other work of any establishment and where in such process, operation or other work of the establishment the principal employer intends to ..... dhand (kurukshetra) was not mentioned. in view of the said notification, buffer godown, dhand (kurukshetra) was not the prohibited center, where the management corporation was prohibited from engaging contract labour.21. the contention of the learned counsel for the workmen that the said notification was not issued by the appropriate government, as in the case of the management corporation ..... of the food corporation of india, which were located in the state of haryana. learned counsel submitted that the definition of the 'appropriate government' was subsequently amended by the contract labour (regulation and abolition) act (14 of 1986) with effect from 28.1.1986. prior to the said amendment, the question whether the central government or the ..... prohibited centre of employment notified by the appropriate government. the dhand store depot was not the prohibited centre. therefore, for that centre, respondent no. 3 got supplied the contract labour to the management corporation. accordingly, in pursuance of the agreement (annexure p-4), respondent no. 3 appointed six workmen as security guards and directed them to report .....

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Oct 15 2007 (HC)

Harminder Singh and anr. Vs. Punjab and Sind Bank

Court : Punjab and Haryana

Decided on : Oct-15-2007

Reported in : AIR2008P& H39; (2007)4PLR754

..... balance amount of rs. 1,31,25,000/- was paid on 14.3.2007. it is well settled that a conditional acceptance of bid does not lead to a concluded contract in the absence of confirmation. in that regard reliance may be placed on para 8 of the judgment rendered by hon'ble the supreme court in the case of haridwar ..... considered the submissions made by learned counsel and are of the view that the instant petition is devoid of merit. the question for consideration is as to whether a concluded contract between the parties has come into existence. it would be apposite to firstly make a reference to the relevant terms of the sale notice, which are as under:1. the ..... balance 75% of the amount as rs. 1,31,25,000/-. accordingly, the amount was deposited by the bank drafts on 14.3.2007. he has further submitted that a contract can also be inferred from the exchange of letters and its formal manifestation in the form of a document is not legally required. on a pointed query raised by us ..... civil courts are wrong in opining for lack of jurisdiction. they have preferred this writ petition.7. mr. arun palli, learned counsel for the petitioner has argued that a concluded contract has come m being which could not be cancelled by the respondent-bank by its letter dated 14.3.2007 (p-11). in that regard he has relied upon two .....

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Jan 09 2007 (HC)

National Building Construction Corpn. Ltd. and anr. Vs. State of Harya ...

Court : Punjab and Haryana

Decided on : Jan-09-2007

Reported in : AIR2007P& H111; (2007)146PLR708

..... aforementioned clauses have now been challenged in this petition. it is appropriate to extract the aforementioned clauses, which reads as under:viii. it shall be an essential term of this contract that in order to avoid frivolous claims the party invoking arbitration shall specify the dispute based on facts and calculations stating the amount claimed under each claim and shall furnish ..... the concluding part of para 85 it has been observed as under:lord diplock then proceeded to point out that there are two kinds of standard forms of contracts. the first is of contracts which contain standard clauses which 'have been settled over the years by negotiation by representative of the commercial interests involved and have been widely adopted be-cause experience ..... obtain goods or services provides a classic instance of superior bargaining power. (emphasis supplied)6. reference has also been made to the legislation enacted in u.k. known as 'unfair contract terms act, 1977, which was subject-matter of discussion in photo production ltd. v. securicor transport ltd. (1980) ac 827. the speech of lord diplock again has been quoted ..... the respondent, which is an agency and instrumentality of a state within the ambit of article 12 of the constitution. it appears to be well settled that for enforcement of contract against an instrumentality or an agency of the state, the aggrieved party can invoke the extra-ordinary jurisdiction of this court under article 226 of the constitution. having said that .....

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Apr 20 2007 (HC)

Dr. Vijay Khosla and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Apr-20-2007

Reported in : (2007)147PLR592

k.s. garewal, j.1. petitioners are dr. vijay kumar son of mahesh chand and varinder kumar son of hans raj. their fathers were brothers and were owners of 136 kanals 13 marlas situated in babbanpur, tehsil rattia district fatehabad. in 1953, the bhakra main line was to be constructed. the construction required a huge quantity of bricks. the government decided to establish its own brick-kilns in villages adjoining the canal. in 1954 land belonging to the petitioners' fathers was acquired through notification issued under section 6 of the land acquisition act on march 26, 1954. the collector made his award on march 4, 1955.2. according to the petitioners lands of neighbouring villages was also acquired for setting up of the brick-kilns but after the fulfillment of the project the lands were returned to the owners on january 15, 1990. in one of the cases state of haryana and ors. v. gurbachan singh and ors. civil appeal no. 5143 of 1997 decided by the supreme court of india on november 12, 2003 (copy of the judgment is annexed as annexure p-4) the matter had gone up in appeal wherein it was held as under:that brings us to the challenge against the decision of the high court. it has been submitted that standing order 28 and paragraph 493 do not create any right in favour of any person to get back possession of the land. there can be no dispute with that proposition. however, at the same time, it is clear that the government, having taken a policy decision, must implement that .....

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Aug 30 2007 (HC)

Narvir Singh and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Aug-30-2007

Reported in : (2008)149PLR593

..... 272 in which it was held that when a debtor deposits with the creditor the title deeds of his property with an intent to create a security, law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 of the transfer of property act or in the form of a mortgage deed .....

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Sep 07 2007 (HC)

Smt. Ashrafi Devi Memorial Charitable Trust Vs. Ram Kumar

Court : Punjab and Haryana

Decided on : Sep-07-2007

Reported in : (2009)153PLR59; AIR2008P&H19(FB); 2008AIHC666(P&H)(FB)

m.m. kumar, j.1. whether the agreed rate of rent is to be considered as basic rent within the meaning of section 4(2)(b) of haryana urban (control of rent and eviction) act, 1973 (for brevity 'the act), in the process of fixing fair rent even after expiry of lease period stipulated in the lease deed', is the pristine legal question, which has been referred for the opinion of this full bench. this question has arisen on account of the view taken by a learned single judge in the case of gobind ram v. kanshi ram (2001) 129 p.l.r.753 holding that the agreed 'ate of rent would not be the basic rent after the matter came up for consideration before one of us (hemant gupta, j.) a doubt was expressed about the correctness of the judgment rendered by the learned single judge in gobind ram's case (supra). according to the reference order, a contrary view has been taken by hemant gupta, j. in civil revision no. 3114 of 1987 decided on 9.7.2003 titled as som parkash v. suresh kumar. after noticing facts the following reference has been made for the opinion of this bench.the learned counsel for the petitioner argued that finding recorded by the appellate authority is not sustainable in view of the judgment gobind ram v. kanshi ram (2001) 129 p.l.r. 753 : 2002 h.r.r. 37 wherein the judgment of supreme court in ishwar swaroop sharma's case has been considered. the learned single judge of this court in gobind ram v. kanshi ram (2001)129 p.l.r 753 : 2002 h.r.r. 37 has held that the agreed .....

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Sep 12 2007 (HC)

Munish Gupta Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Sep-12-2007

Reported in : (2009)154PLR110

..... a case, the court may not lose sight of the fact that if a serious disputed question of fact is involved . arising out of a contract qua contract, ordinarily a writ petition would not be , entertained. a writ petition, however, will be entertained when it involves a public law character or ..... any enforcement of any of the fundamental rights. as the dealers of petroleum products, they are bound to comply with the conditions mentioned in the contract. the consequences of contravention of the conditions are contained in the agreement itself. therefore, the writ petitions filed by the petitioners to seek restoration ..... the court found that the right of the corporation to suspend the supply of petroleum products to an erring dealer, is an exercise under the contract. it was held that when a dealer short-supplies or tampers with the seal, he apart from committing the statutory violation also commits a misconduct ..... 14 of the specific relief act, 1963. therefore, the remedy of the petitioner is to invoke the jurisdiction of this court as the termination of the contract is in violation of the public law duty imposed upon the respondents. reliance is placed upon e. venkatakrishna v. indian oil corporation and anr. : ..... be to entitled to proceed with the reference from the point at which it was left by his predecessor. it is also a term of this contract that no person other than the director (marketing) or a person nominated by such director (marketing) of the corporation as aforesaid shall act as .....

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