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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2008 Page 1 of about 44 results (0.042 seconds)

Oct 17 2008 (HC)

Life Insurance Corporation of India Vs. Permanent Lok Adalat and anr.

Court : Punjab and Haryana

Decided on : Oct-17-2008

Reported in : 2010ACJ409; (2008)152PLR651

..... the act has remedied the grave hardship resulting from the doctrine that misrepresentation within the warranty even with reference to the most trivial or non-material details would vitiate the contract. the said provision has been enacted with the intention that application of rigid and stringent rule of warranty to trivial or inconsequential misrepresentation ought to be mitigated in the ..... a general rule answers to questions are representations and not warranties, though it is possible for persons to stipulate that answers to certain questions shall be the basis of the contract, in which case they become part of the warranties. in the case of a warranty materiality or immateriality of the fact warranted signifies nothing. its incorrectness constitutes a ..... may take place between proposal and acceptance. it was held to the following effect:the well-settled law in the filed of insurance is that contract of insurance including the contracts of life assurance are contracts uberimma fides are every fact of materially must be disclosed otherwise there is good ground for rescission. and this duty to disclose continues up to ..... the ground that the policy was obtained by playing fraud and suppressing material information regarding health and instead insured gave false information in the proposal form and, thus, the contract was void ab initio. the plea regarding medical leave of the life assured and his admission in sewak sabha hospital was also specifically pleaded.6. the photostat copy of .....

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Jul 21 2008 (HC)

Kulwinder Dhaliwal Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-21-2008

Reported in : (2009)154PLR119

..... the time being lodged.in the present case the fact that the child is a british citizen and that the matrimonial home of the spouses was in england, establish sufficient contracts or ties with that state to assume jurisdiction to enforce obligations which were incurred therein by the spouses.learned counsel appearing on behalf of respondents contested the petition primarily on ..... been pleased to lay down as under:the modern theory of conflict of laws recognizes and, in any event, prefers the jurisdiction of the state which has the most intimate contract with the issues arising in the case. therefore, in matters relating to matrimony and custody, the law of that place must govern which has the closest concern with the well .....

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Apr 25 2008 (HC)

Royal Overseas Khosa Pando Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-25-2008

Reported in : (2008)3PLR201

..... the other hand, its proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law 'from the deposit itself with the requisite intention, and the document, being merely evidential does not require restoration.(emphasis added ..... security thereon.' that it is to say, when the debtor deposits with the creditor the title deeds of his property with intent to create a security the law implies a contract between the parties to create a mortgage and no registered instrument is required., under section 59 as in other forms of mortgage. but if the parties choose to reduce the ..... contract to writing the implication is excluded by their express bargain and the document will be the sole evidence of its terms. in such a case the deposit and the document .....

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Jan 30 2008 (HC)

Jamna Auto Industries Vs. the Comissioner of Income Tax

Court : Punjab and Haryana

Decided on : Jan-30-2008

Reported in : (2008)214CTR(P& H)649; [2008]299ITR92(P& H); (2008)149PLR719

..... the findings recorded by the authorities below, the amount of rs. 50,000/-paid by the assessee was on account of damages for breach of contract on its part and not a liability incurred for contravention of any law. in the circumstances aforesaid and the clear legal position enunciated above, the ..... the assessee was required to extract rosin by placing blazes of a standard size and shape. the assessee- contractor while performing its part of the contract had failed to keep these standards and norms scrupulously. the assessee was held liable to pay damages to the other side in those circumstances. this ..... flouted the agreement of sale to save himself from a ruinous situation and, therefore, the compensation paid in the shape of settlement for breach of contract was an allowable deduction. it was held by this court that the transaction did not amount to a speculative transaction and compensation was paid by ..... that expenditure was necessitated or justified by commercial expediency.12. whenever certain damages are to be paid by an assessee for the breach of a contract, such damages are treated to be normal incidences of business. for allowability as a deduction, a claim for damages is to be tested on ..... tax, assessment, karnal, vide order dated 24.7.1980 accordingly disallowed the expenses of rs. 50,000/-paid by the assessee for breach of the contract on its part. the view taken by the assessing officer was upheld by the commissioner of income tax (appeals) chandigarh camp at ambala and the .....

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Jan 23 2008 (HC)

State of Haryana and ors. Vs. Smt. Amrawati

Court : Punjab and Haryana

Decided on : Jan-23-2008

Reported in : (2008)150PLR421

..... unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971.12. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery and it was only on the basis of such assurance that the ..... plaintiff was persuaded to undergo surgery. ordinarily a surgeon does not offer such guarantee. where a doctor contracted to carry on a particular operation on a patient and a particular result was expected, the court would imply into the contract between the doctor and the patient a term that the operation would be carried out with reasonable care and skill .....

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Aug 05 2008 (HC)

Kundan Rice Mills Limited Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Aug-05-2008

Reported in : (2008)152PLR502

..... was submitted that conditions 2 and 3 with regard to demand of bank guarantee to the extent of the value of goods and demand of indemnity bond equal to seizure value of goods were harsh conditions. the department was only concerned with the duty and even according to their provisional estimate ..... the respondents deciding to provisionally release the goods, we are of the view that goods are liable to be released. condition of execution of indemnity bond equivalent to seizure value of goods or furnishing of bank guarantee equal to 10% of value of goods cannot be justified. there is ..... decided on 22.8.2008, upholding the view that he goods being liable to confiscation under section 111(m) of the act, condition of requiring indemnity bond equal to market value of goods could be justified.18. before going into the rival contentions, we may deal with certain peripheral issues raised ..... execution of bank guarantee to the extent of 10% of the seizure value of the goods lying seized in your godown.3. execution of indemnity bond equivalent to the seizure value as mentioned in panchnama dated 11.7.2008.4. an undertaking in the form of an affidavit that you ..... it has also been stated that managing director of the petitioner admitted in his statement dated 10.7.2008 that the petitioner was never signing any contract with overseas suppliers and he deposited amount of rs. 2 crores towards differential customs duty voluntarily. investigation conducted revealed that valuation declared by the petitioner .....

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Aug 22 2008 (HC)

The Birhi Kalan L and C. Co-op. Society Ltd. Vs. State of Haryana and ...

Court : Punjab and Haryana

Decided on : Aug-22-2008

Reported in : (2008)152PLR660

..... such societies fail to tender or do not accept the tender of work, then tender can be invited from other contractors as well. such policy grants preference in award of contracts to such societies. such preference could be circumscribed by the executing department, keeping in view the requirements of the work. the public interest is to get the work executed at ..... division bench of this court in maya construction co. and ors. v. state of punjab and haryana has held that exclusion of private contractor in the process of award of contract is not unreasonable classification and, therefore, there is no violation of articles 14 and 19(1)(g) of the constitution of india. it was found that such notification does not ..... has been argued by learned counsel for the petitioner that since the concession has been announced to be granted to the societies by necessary implication, there is prohibition of giving contract to any another person without giving an option to the societies to give their option for unskilled work upto unlimited value and skilled works upto the value of rs. 30 .....

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Nov 04 2008 (HC)

Jagroop Singh and ors. Vs. Boriai Khan (Dead) Through Lrs. and ors.

Court : Punjab and Haryana

Decided on : Nov-04-2008

Reported in : (2009)3PLR807

..... attached to the ownership of the property and an attachment made in execution of a decree would not be free from the obligations incurred under a prior contract for sale. in rajender singh v. ramdhar singh and ors. : [2001]3scr736 , while remitting the matter, the hon'ble supreme court made ..... entitled to attach only the right, title and interest of the judgement-debtor, the attachment cannot be free from the obligations incurred under the contract for sale.section 64 cpc no doubt was intended to protect the attaching creditor, but if the subsequent conveyance is in pursuance of an agreement ..... answering a similar question, namely; whether a prior agreement to sell would prevail over an attachment made in execution of a decree based upon a subsequent contract, the hon'ble supreme court in vannarakkal kallalathil sreedharan v. chandramaath balak-rishnan and anr. : [1990]1scr832 , held as follows:2. an extent ..... in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment.15. section 64(2) makes it abundantly clear that the bar enacted by ..... confirmed in favour of the appellants, would not effect his rights.14. an agreement to sell, confers a right to seek specific performance of the contract, a right to seek refund of the earnest money and a right to claim damages as spelt out in the agreement or otherwise established. an .....

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Apr 25 2008 (HC)

Ramesh Sharma Vs. Mool Chand and ors.

Court : Punjab and Haryana

Decided on : Apr-25-2008

Reported in : (2008)151PLR552

..... any particular form and what is required to be ascertained is whether the parties have agreed that if the dispute arises between them in respect of the subject matter of contract it shall be referred to arbitration, then such an agreement would spell out an arbitration agreement.20. to be fair to mr. jain, he has referred to the cases of ..... nigam ltd. and anr. v. verma transport co. : air2006sc2800 , where dispute regarding blacklisting of a firm arising out of term of a contract was said to be referable to an arbitration, though it was a case of termination of a contract. agri gold exims ltd. v. sri lakshmi knits & wovens and ors. : (2007)3scc686 , is pressed in support of his contention that ..... punjab state and ors. (1966)68 p.l.r. 522, learned counsel has then referred to the case of ace pipeline contracts private limited v. bharat petroleum corporation limited : air2007sc1764 , to say that the parties having entered into a contract with eyes wide open cannot be allowed to contest the terms of the arbitration to seek appointment of a different arbitrator on .....

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Nov 04 2008 (HC)

Balwinder Kaur Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Nov-04-2008

Reported in : 2010ACJ117; (2009)153PLR368

..... unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971.8. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery and it was only on the basis of such assurance that the ..... plaintiff was persuaded to undergo surgery. ordinarily a surgeon does not offer such guarantee. where a doctor contracted to carry on a particular operation on a patient and a particular result was expected, the court would imply into the contract between the doctor and the patient a term that the operation would be carried out with reasonable care and skill .....

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