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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2007 Page 2 of about 29 results (0.034 seconds)

Jul 23 2007 (HC)

Jai Singh Vs. Smt. Sukhjit Kaur

Court : Punjab and Haryana

Decided on : Jul-23-2007

Reported in : (2007)4PLR706

..... such act or omission as the law specially declares to be fraudulent.explanation.- mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless ..... would itself negate the plea raised by the learned counsel for the respondent.fraud defined.- 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent or to induce him to enter into the ..... contract: (1) the suggestion, as a fact, if mat which is not true, by one who does not believe it to be true, (2) the active concealment of a fact by .....

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Oct 18 2007 (HC)

Ranjit Singh Vs. Shakti Singh and ors.

Court : Punjab and Haryana

Decided on : Oct-18-2007

Reported in : AIR2008P& H93; (2008)150PLR810

..... court in respect of the litigation between karam singh and the society, it would be extremely difficult to conclude that time was not the essence of contract this intention was evident from the clear stipulation made in the agreements to sell.12. in dnyanoba bhaurao shemade v. maroti bhaurao marnor : air1999sc864 , ..... v. palaniswami nadar : [1967]1scr227 .11. though in a case of specific performance, the courts generally do not accept time to be the essence of contract, where it can be shown that parties never intended to do so. however, when it is clearly stipulated in the agreement to sell, as in the ..... the parties, learned trial court came to a conclusion that the plaintiff had failed to show his readiness and willingness to perform his part of the contract and therefore, not entitled to get the specific performance of the agreement to sell dated 4-3-1980. further that the execution case titled 'dharampur ..... in favour of the plaintiff? opp.2. whether the plaintiff remained ready and willing and is still ready and willing to perform his part of the contract? opp.3. whether the plaintiff is entitled to specific performance of the agreement dated 4-3-1980? opp.4. whether the plaintiff is entitled to ..... of karam singh aforementioned. it was pleaded therein that deceased karam singh had been requesting the plaintiff time and again to perform his part of the contract on the decision of the court in execution case, but he was never ready and willing to do the same. as such the earnest money .....

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May 30 2007 (HC)

Smt. Bhago Vs. Satbir

Court : Punjab and Haryana

Decided on : May-30-2007

Reported in : AIR2007P& H161; (2008)149PLR123

..... widow does not forfeit her right to the. property if she be-comes unchaste.19. it is not the custom prevalent among the brahmans that a brahman widow would contract a karewa marriage. at the same time the customary law written by e. joseph, ics, settlement officer mentioned above while answering to question no. 55 has made ..... court while disposing of the findings on issue no. 4 were of the view that the plaintiff has failed to prove on the record that smt. ram dai contracted a karewa marriage with mool chand but there are indications that smt. ram dai became unchaste as she had started residing in the house of mool chand and ..... 3. whether mam chand made a gift of his land in favour of shimbhu as alleged? opp.4. whether mst. ram dai was widow of badlu and she contracted a karewa marriage with mool chand as alleged? opp.5. whether a compromise was entered between mst. ram dai and mam chand by virtue of which she relinquished ..... shimbhu as his son or gifted the land or made any will in favour of shimbhu. it was averred that even if it is proved that ram dai contracted a karewa marriage with mool chand, she would not lose the right in the property of her father-in-law. it was also denied that she had left ..... sanctioned in favour of shimbhu. mam chand again made a will on 13-12-1924 in favour of shimbhu his adopted son. smt. ram dai widow of badlu contracted a karewa marriage with mool chand son of shiv dayal. she also filed a complaint under section 107, 151, cr. p.c. against mam chand on 5- .....

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Dec 19 2007 (HC)

Bhiwani Improvement Trust Vs. Shankar and ors.

Court : Punjab and Haryana

Decided on : Dec-19-2007

Reported in : (2008)151PLR224

..... 28 or after amendment act came into force w.e.f. 24-9-1984, additional amount under section 23(1a). even in general principles of law, section 60 of the contract act provides that where the debtor has omitted to intimate and there are no other circumstances indicating as to which debt the payment is to be applied, the creditor may .....

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Nov 28 2007 (HC)

Kehar Singh Vs. Ashok Kumar

Court : Punjab and Haryana

Decided on : Nov-28-2007

Reported in : (2008)149PLR355

..... for the mere asking, but it can be granted in rare cases to prevent manifest injustice. the court would not rewrite a contract between the parties, but the court would relieve against a forfeiture clause and where the contract of the parties has merged in the order of the court, the court's freedom to act to further the ends of justice .....

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Dec 12 2007 (HC)

Commissioner of Income-tax Vs. Kartar Singh and Co. P. Ltd.

Court : Punjab and Haryana

Decided on : Dec-12-2007

Reported in : (2009)221CTR(P& H)479; [2008]300ITR440(P& H)

..... to the interests of the revenue. he accordingly cancelled the same directing the assessing officer to frame fresh assessment after applying the net profit rate of 10 per cent, on contract receipts without allowing further deduction on account of depreciation or other expenses.4. the assessee assailed the order dated march 10, 1993, of the commissioner of income-tax before the ..... march 10, 1993, ignoring the provisions of section 143 of the incorne-tax act relating to the assessment procedure?3. the assessee is a private limited company deriving income from contract work. it had filed its return on october 4, 1990, declaring an income of rs. 35,470. as per the statement of case, the assessment was completed by the assessing .....

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Dec 19 2007 (HC)

Ajay Enterprises Ltd. and ors. Vs. Sunder Dass and ors.

Court : Punjab and Haryana

Decided on : Dec-19-2007

Reported in : (2008)2PLR332

..... in favour of defendants no. 2 to 15 is illegal, null and void? opp3) whether the defendant failed to perform his part of contract? opp4) whether the plaintiff is still ready and willing to perform his part of contract? opp.5) whether the suit land is ancestral joint hindu family property of defendants? opp6) whether the suit is false and frivolous? opd7 .....

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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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Nov 05 2007 (HC)

Paramjit Singh Goraya Vs. Bar Council of India and ors.

Court : Punjab and Haryana

Decided on : Nov-05-2007

Reported in : AIR2008P& H54; (2008)150PLR702

..... apex court while commenting upon the relationship of an employer and employee had observed as below :-the concept of employment involves three ingredients (1) employer (2) employee and (3) the contract of employment. the employer is one who employs, i.e., one who engages the services of other persons. the employee is one who works for another for hire. the employment ..... service between the employer and the employee where under the employee agrees to serve the employer subject to his control and supervision. employment brings in the contract of service between the employer and the employee.25. none of these ingredients are satisfied in the present case. there is a very thin 'membranous' line which divide the concept ..... imagination can it be termed to be a disciplinary or administrative control of the government. strictly speaking there is no contract for hiring the services of an advocate as in the case of an employee in the absence of any specific contract of service which envisages working of an advocate under the control and supervision of the government. as observed earlier in .....

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Dec 21 2007 (HC)

Padmawati and ors. Vs. Kulwant Rai and ors.

Court : Punjab and Haryana

Decided on : Dec-21-2007

Reported in : (2008)150PLR424

..... the agreement. therefore, the fourth substantial question of law is answered against the appellants holding that the plaintiffs have proved their readiness and willingness to perform their part of the contract.33. the learned counsel for the appellants has vehemently argued that amar nath died on 30.11.1983 leaving behind his widow padmawati, six sons and one daughter. all such ..... principles. the hardship is a question of fact. the escalation of price of the real estate (govind ram v. gian chand : air2000sc3106 ); inadequacy of consideration or the mere fact that contract is onerous to the defendant or improvident in its nature k. narendra v. riviera apartments p. ltd. : [1999]3scr777 and sargunam (dead) by lrs. v. chidambaram 2004 (4) rcr (civil ..... subject matter of the suit, the fact that they are differently worded will not militate against the readinesss and willingness of the plaintiff in a suit for specific performance of contract for sale. the aforesaid judgments were quoted with approval in sugani (mst.) v. rameshwar das and anr. : air2006sc2172 .30. in view of the aforesaid principles of law and keeping in ..... v. sita ram thapar : air1996sc2095 , to contend that the plaintiffs have failed to prove that the they had at their command the amount ready to perform their part of the contract and thus, the decree for specific performance could not have been granted.26. the plaintiffs have pleaded that after the temporary injunction was granted by the civil court, the plaintiffs .....

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