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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2009 Page 1 of about 29 results (0.089 seconds)

May 27 2009 (HC)

Shri Neelam Oswal Vs. Science India Com. Pvt. Ltd. and ors.

Court : Punjab and Haryana

Decided on : May-27-2009

Reported in : (2009)156PLR117

..... is completely in-charge of the premises and he had safeguarded the rights of the defendants, in case of any damage, loss or harm by executing a guarantee deed and indemnity bond in favour of defendant no. 1. as per the clause 22, upon signing of the agreement to sell the plaintiff was to appoint the board of directors of the ..... breach of contract. now after four years of the agreement, the, plaintiff on a threat being given by the defendants to dismantle, remove and carry the plant and machinery lying in the factory ..... , r/o a-129, new friends colony, new delhi and who shall be the sole arbitrator and a decision by him shall be final and binding upon both the parties.indemnity bond was also executed in terms of the agreement by the plaintiff in favour of all the defendants to indemnify later for any loss which he suffers on account of .....

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Sep 17 2009 (HC)

Punjab Urban Planning and Development Authority and anr. Vs. Pawan Kum ...

Court : Punjab and Haryana

Decided on : Sep-17-2009

Reported in : (2009)156PLR625

..... the respondents have not issued any notice or granted opportunity of hearing to the plaintiff before resumption of the plot is misconceived, as no concluded contract came into force between the parties as plaintiff has failed to accept the terms and conditions on deposit of 25% of the sale consideration in ..... . the questions of law framed at the time of admission of the appeal are re-framed to read as under:1. whether a concluded contract has come into existence between the parties which entitles the plaintiff of an opportunity of hearing or a show cause notice before communicating the cancellation ..... allotment letter, the plaintiff conveyed his willingness to deposit the amount. it is only on payment of 15% of the amount, a concluded contract would come into existence. prior thereto, the allotment letter is only an offer. since the plaintiff has failed to accept the offer within the time granted ..... , a concluded contracted never came into existence and thus, the procedure contemplated in section 45 of the act, does not come into play. both the courts ..... act would have no application and would not apply. it is thus, established that there was no agreement/contract between the appellant and the respondent authority and there being no such agreement/contract and because of non-compliance with requirement of clause 5 the issue with regard to violation of principles .....

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Dec 16 2009 (HC)

Brij Lal (Deceased) Vs. Boota Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-16-2009

Reported in : (2010)157PLR463

..... the principle that if there is a clear valid contract for sale, property in equity is transferred to the purchasers as the vendor, then becomes the 'trustee' for the vendee and, sequel to this ..... kumar being the grand son of the plaintiffs, it stands cogently established that he had express notice of the disputed agreement.18. though the contract for sale of immovable property does not create any interest in such property in the prospective vendee according to law, but on equitable grounds recognizes ..... court any money except when so directed by the court;(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.it has been manifested in plain words in the language of explanation (i) that it is not essential for the ..... 10.12. the basic principle behind section 16(c) read with explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief. the provision imposes a personal bar. the court is to ..... learned trial court on issue no. 4 has rightly held that the plaintiffs had always been ready and willing to perform their part of the contract. however, despite recording this finding, the suit has not been decreed to the extent of directing the respondent-defendant to execute the sale deed .....

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Jan 20 2009 (HC)

Balwinder Kaur Vs. Surjeet Singh

Court : Punjab and Haryana

Decided on : Jan-20-2009

Reported in : (2009)154PLR805

..... an averment that the prosecution aforementioned has culminated in a decision. the appellant-wife had also not placed on record any documentary evidence to prove that respondent-husband had indeed contracted second marriage with a lady by the name of jaswinder kaur. except the oral submission made by the appellant wife and her father at the trial, there is nothing on ..... section 125 cr.p.c. and also the prosecution under section 494 and 497 ipc and further the lodging of report with the army authorities, about the respondent-husband having contracted second marriage, are all acts which constitute cruelty on the party of the appellant-wife.6. learned counsel for the appellant-wife argues that the allowance of the divorce plea .....

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Jul 13 2009 (HC)

Hardev Singh and anr. Vs. Housing Board Haryana and ors.

Court : Punjab and Haryana

Decided on : Jul-13-2009

Reported in : (2009)156PLR128

..... the conditions in the allotment letter. in such a situation, it is not open to the appellants, who are subsequent purchasers, to raise objection against any condition incorporated in the contract agreement. it was prayed that writ petition be dismissed.5. after hearing counsel for the parties, this court is of the opinion that the present writ petition bound to fail .....

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Jul 16 2009 (HC)

Lallu Vs. Nirdosh Kumar

Court : Punjab and Haryana

Decided on : Jul-16-2009

Reported in : (2009)156PLR242

..... injunction was filed.3. during the pendency of suit, an. application for amendment of the plaintiff, was filed, by the plaintiff/applicant, for incorporating the relief, of specific performance of contract/agreement to sell dated 31.03.1994 and, in the alternative, for recovery of the amount with interest.4. the application for amendment was opposed by the defendant/respondent, on .....

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Aug 11 2009 (HC)

The Commissioner, Central Excise Vs. Nestle India Limited

Court : Punjab and Haryana

Decided on : Aug-11-2009

Reported in : 2009(169)LC61(P& H); 2010(250)ELT341(P& H); [2009]23STT210

m.m. kumar, j. 1. the revenue has filed the instant appeal under section 35-g of the central excise act, 1944 (for brevity, 'the act') against the order dated 16.12.2003 passed by the customs excise and service tax appellate tribunal, new delhi (for brevity, 'the tribunal'). 2. on 10.8.2006, the division bench admitted the instant appeal and directed the same to be listed along with c.e.a. no. 1 of 2006, wherein the following questions of law were framed for determination of this court:'1. whether tribunal is justified in vacating the demand when it has been proved on the record that party was availing modvat credit on the inputs namely residual furnace oil (r.f.o.) used as input for generation of steam used for manufacturing of dutiable as well as exempted goods and party was not maintaining any separate accounts of the said inputs being used in manufacture of exempted goods as per provisions of rules 57cc(9)? 2. whether party is liable to pay an amount of rs. 1,79,52,77,469/-(rupees one crore seventy nine lakh (sic) only) which is equivalent to 8% of the price of said exempted goods in terms of rule 57cc(9) of the rules, which include the credit of rs. 1,80,49,568/-(rupees one crore eighty lakh forty nine thousand five hundred sixty eight only)?3. m/s nestle india ltd., moga-respondent no. 1 is engaged in the manufacture of excisable goods. the dutiable products manufactured by respondent no. 1 are, namely, (a) sweetened condensed milk; (b) noodles; and (c) nescafe. certain .....

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May 19 2009 (HC)

Thakardwara Bhagwan NaraIn Ji, Pandori Mahantan Vs. Financial Commissi ...

Court : Punjab and Haryana

Decided on : May-19-2009

Reported in : (2009)155PLR563

ranjit singh, j.1. this order will dispose of civil writ petition no. 19981 of 2001, 1627, 2945 and 2997 of 2002 (thakar dwara bhagwan narain ji, pandori mahantan and anr. v. the financial commissioner (appeals-i), punjab and ors.). other writ petitions listed alongwith these petitions are nos. 15811 of 1999 (fauju v. the financial commissioner (relief and resettlement), punjab, chandigarh and ors.) and 15812 of 1999 (bachan singh v. the financial commissioner (relief and resettlement), punjab, chandigarh and ors.). these have been filed by respondent-tenants, challenging the order of their ejectment. four writ petition nos. 6911 and 6912 of 2002 (lali v. the financial commissioner (appeals-i), punjab and ors.) 6913 and 6914 of 2002 (harbans singh and ors. v. the financial commissioner (appeals-i), punjab and ors.) are those through which the tenants have challenged the order directing recovery of rent. writ petitions no. 2671 of 1982, 2790 of 1983, 2789 of 1983, 1151 of 1985, 1082 of 1985 and 1083 of 1985 were filed by the tenants to challenge finding given by the commissioner and financial commissioner holding that thakar dwara bhagwan narain ji, pandori mahantan (hereinafter referred to as 'thakur dwara') was not the owner, with further prayer to seek permission to purchase the land under the tenancy of the petitioner therein. these writ petitions were disposed of as in-fructuous on 22.1.2009.2. the facts are being taken from civil writ petition no. 19981 of 2001. thakur .....

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Feb 02 2009 (HC)

Amarjit Singh and ors. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Feb-02-2009

Reported in : (2009)154PLR798

..... altercation took place in between them and deceased committed suicide only on the ground of non-payment of loan amount. it appears that incident took place because of breach of contract in between them but it does not give any indication in respect of criminal offence and in the totality of the facts and circumstances and scenario of case does not .....

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Jan 07 2009 (HC)

Varinder Mohan Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jan-07-2009

Reported in : (2009)154PLR794

kanwaljit singh ahluwalia, j.1. present petition has been filed under section 482 cr.p.c. by varinder mohan son of ram sarup seeking quashing of kalandra under section 182 cr.p.c.2. petitioner-varinder mohan lodged daily diary report, annexure p-3 at police station lambra. it was stated in the daily diary report that on the night of 3/4.7.2005 he was driving his scorpio bearing registration no. pb-08-ak-6280 and was coming from nakodar to lambra. when he reached near the gate of village nanka, he saw that a private bus was standing there. when he made an attempt to cross over the bus, one tata sumo came on a very high speed. due to the glare of head lights of tata sumo, he could not see and his scorpio hit the bus which was parked there. the front of the scorpio was badly damaged. however, no body, suffered any injury. a note was given by mhc sukhwinder pal that since only vehicle has been damaged, no cognizable offence is made out. daily diary report was recorded on 4.7.2005 at 7.30 p.m. on 17.7.2005, inspector didar singh, s.h.o. lambra submitted a kalandra, annexure p-l in the court of judicial magistrate, 1st class, jalandhar. he stated that in fact scorpio vehicle had suffered an accident on 3.7.2005 at 3.00 p.m. in between shahbad and kurukshetra in the state of haryana with haryana roadways bus and from there the accidental scorpio was brought by tirath ram son of ram lubhaya to jalandhar by tying the same with his sumo.false report was made in order to gain insurance .....

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