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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2012 Page 1 of about 30 results (0.096 seconds)

Dec 10 2012 (HC)

Present: Mr. L.M.Suri Senior Advocate with Vs. Sohan Lal and Others

Court : Punjab and Haryana

Decided on : Dec-10-2012

..... . but we are called upon to examine this question on the facts placed before us. the liability to compensation arises from the use of the motor vehicle. the contract of insurance is a contract of indemnity. when in this case, both the tractor with the attached trailer were moving along the road, both the vehicles were used in a public place. the accident ..... .48. agricultural and forestry vehicles and other miscellaneous vehicles with trailers attached - extended cover it is hereby declared and agreed that in consideration of an additional premium of rs .., the indemnity provided by this policy shall apply in respect of any trailer (including agricultural implements such as ploughs, harrows and the like) described in the under noted schedule of trailers as ..... relevant imt provisions are reproduced: imt.30. trailers. ( applicable to private cars only) in consideration of the payment of an additional premium it is hereby understood and agreed that the indemnity granted by this policy shall extend to apply to the trailer (registration no.......) . provided always that - 1. *the idv of such trailer shall be deemed not to exceed * * fao no ..... company in every situation where the insured's vehicle is involved, the benefit that the insurance company could obtain would be only to deny to the insured a right of indemnity and allow for recovery of the claim from the insured. as far as the third parties are concerned, the respondents counsel would argue that they shall be entitled to enforce .....

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May 08 2012 (HC)

Dev Singh Vs. U.T. Chandigarh and Others

Court : Punjab and Haryana

Decided on : May-08-2012

..... a statute to be disclosed may not amount to fraud. even in commercial transactions non-disclosure of every fact does not vitiate the agreement. "in a contract every person must look for himself and ensures that he acquires the information necessary to avoid bad bargain. in public law the duty is not to deceive ..... 1986 sc 825, the apex court approved the entertaining of a writ petition at the instance of a third party involving a challenge to the grant of contract to bottle arrack and observed :- .... it is true that in a public interest litigation, those professing to be public spirited citizens cannot be encouraged to ..... a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the indian contract act, 1872 defines "fraud" as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about ..... . as always, the court is concerned with the balancing of interests. where in a public interest litigation for setting aside grant of contract to bottle arrack, it was established that the executive action was arbitrary the high court did not have option but to set aside the ..... contract in spite of the fact that the allegation of bias against the chief minister was found to be false. the principles for entertaining .....

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Dec 20 2012 (HC)

High Court of Punjab and Haryana at Vs. State of Punjab and ors. . . .

Court : Punjab and Haryana

Decided on : Dec-20-2012

..... carriages by private operators on the notified area, routes or portion thereof is totally frozen. they have no right to claim any grant of stage carriage, temporary or contract carriage permits on the notified area, routes or portions thereof except to the extent saved by the scheme with restrictions imposed thereunder. (71).in secretary, quilon district motor ..... ors.) was also cited on this very issue. what is the legislative policy of the 1988 act?. (52).the resoluted determination of parliament to liberalise transport services through stage, contract or goods carriage permits cwp no.15786 of 1999 transport matter - 43 - prompted it to legislate the 1988 act. chapter-v of the act has successfully invaded the monopolistic ..... by the prescribed authority, while section 67 empowers the state government to control road transport including power to issue directions for fixation of fares and freights for stage carriages, contract carriages and good carriages. (9).section 68(1) of the 1988 act authorises the state government to constitute state transport authority and regional transport authorities and their powers ..... the regional transport authority guided by the factors enumerated in section 47 and subject to the conditions mentioned in section 48. similar was the procedure for the grant of contract carriage permits. chapter iv-a was a post- constitution addition in tune with article 19(6)(ii) of the constitution containing special provisions relating to state transport undertakings .....

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Jan 09 2012 (HC)

Shiv Charan Singh Vs. Haryana State Industrial and Infrastructure Deve ...

Court : Punjab and Haryana

Decided on : Jan-09-2012

..... . the said clause is a condition precedent for making a guarantor liable for the dues of the principal debtor and is in terms of sections 126 and 127 of the contract act, 1872. in the absence of such term, the guarantor would not be liable in the first place for discharging the liability of the principal debtor. it is an act ..... the provisions of the act by estoppel or by res-judicata,. the court observed as under: 14. just as the courts normally do not permit contracting out of the acts so there can be no contracting in. a status of control of premises under the rent control acts cannot be acquired either by estoppel or by res judicata. the principle is that ..... se introducto. (see maxwell on interpretation of statutes, eleventh edition, pages 375 and 376). if there is any express prohibition against contracting out of a statute in it then no question can arise of any one entering into a contract which is so prohibited but where there is no such prohibition, it will have to be seen whether an act is intended .....

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Nov 26 2012 (HC)

Present: Mr. Manvinder S. Dalal Advocate Vs. Gmada and Others

Court : Punjab and Haryana

Decided on : Nov-26-2012

..... to the conditions to be satisfied by the allottee and since those conditions were never complied with by the original allottee (babu lal) the offer never materialized into a concluded contract which could be enforced by babu lal or his successors in interest.6. when the writ petition challenging the revisional order came up for hearing on october 30, 2012, we .....

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Feb 08 2012 (HC)

M/S Kams Leatherware Ltd Vs. Punjab Nantional Bank, Branch Office Khar ...

Court : Punjab and Haryana

Decided on : Feb-08-2012

..... is defined, thus: "a term borrowed from the civil law, and, in so far as it is naturalised in english and american law, it means a contract of mortgage or pledgee in which the subject matter is not delivered into the possession of the pledgee or pawnee, or, conversely, a right which a creditor ..... 1996 isj (banking) 661 has held as under:- "11. hypothecation is an extended from of pledge which has not been expressly dealt within the law of contract. the distinction between hypothecation of goods and pledge of goods is well known. in case of pledged goods, the goods are stored in the godown under the ..... of his negligence. the burden to prove absence of negligence is on the bailee. section 152 of the act stipulates that in the absence of any special contract, the bailee is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care it is described ..... pledged upon tender of the amount advanced but that right would be lost if the pawnee has in the meantime lawfully sold the property pledged. a contract of pawn thus carries with it an implication that the security is available to satisfy the debt and under this implication the pawnee has the power of ..... between a simple lien and a mortgage which wholly passes the property in the thing conveyed. (see halliday v. holygate, (1868) 3 ex 299). a contract to pawn a chattel even though money is advanced on the faith of it is not sufficient in itself to pass special property in the chattel to the .....

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Apr 04 2012 (HC)

State of Haryana Through Executive Engineer and Another Vs. Chaman Lal ...

Court : Punjab and Haryana

Decided on : Apr-04-2012

..... had undertaken upon itself to supply the bricks at the control rates for the work in question to be undertaken. the courts below have returned findings towards breach of contract against defendant-appellant contractor and in regard thereto have clearly misread and mis-appreciated the evidence adduced on record in particularly with regard to document ex.d-1/9 and ..... submit that in facts of the present case, no agreement at all had been signed by the appellant-contractor and the findings recorded by the courts below to infer a contract from the correspondence inter se exchange between the parties are wholly erroneous. per contra, learnedcounsel appearing on behalf of the state would argue that the defendant-appellant had submitted a ..... of the courts below are perverse and based on misreading and mis-appreciation of evidence so as to hold the defendant chaman lal mukhija to be in breach of the contract? respective counsel for the parties are agreed on the aforementioned two substantial questions of law having arisen and have raised their submissions and arguments in relation thereto. question no ..... refund his earnest money/security of rs.8,000/-. upon the pleadings of the parties, the trial court struck the following issues:- 1. whether the defendant entered into a valid contract/agreement with the plaintiff through the executive engineer pwd, public health division, kurukshetra?opp. 2. whether the defendant failed to perform the agreement and thereby committed breach thereof?opp. 3 .....

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Nov 30 2012 (HC)

Present:- Mr. Gurcharan Dass Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Nov-30-2012

lpa no.402 of 2012 -1- in the high court of punjab and haryana at chandigarh lpa no.402 of 2012 date of decision:30. 11.2012 mohinder singh ........ appellant versus state of punjab and others ...... respondents coram: hon'ble mr. justice surya kant hon'ble mr. justice r.p. nagrath 1 whether reporters of local papers may be allowed to see the judgment?.2. to be referred to the reporters or not?.3. whether the judgment should be reported in the digest?. present:- mr. gurcharan dass, advocate for the appellant. mr. amit rawal, senior advocate, addl. ag, punjab with mr. mikhail kad, aag, punjab. mr. gaurav chopra, advocate for respondent no.5. r.p. nagrath, j.this litigation has brought to fore a glaring example of wasteful manner in which the state has bestowed its largesse for peanuts to an illegal and unauthorized occupant of big chunk of public property, which is land measuring 20 kanals and 7 marlas. this is a prime land and situated at a very potential site as observed by the district collector, faridkot in his order dated 02.08.2007 (annexure p-4), while disposing of the rival petitions of appellant and respondent no.5, seeking the lpa no.402 of 2012 -2- allotment/purchase of the said land. thanks to the equally greedy appellant in seeking allotment of the land in question as a preferential claimant, that the disturbing instance of wasteful disposal of public property has been highlighted before us. such a state action has to be instantly struck down. besides that we .....

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Nov 19 2012 (HC)

Cwp No.22054 of 2012 (Oandm) Vs. State of Haryana and Others

Court : Punjab and Haryana

Decided on : Nov-19-2012

..... the reserved price fixed for the commercial plot, in view of its size and location. having said that, this court feels no hesitation to hold that it was a concluded contract between the parties. if the petitioner wanted to back out from the terms cwp no.22054 o 5. and conditions of the ..... contract, at a latter point of time, the consequences were bound to follow. thus, the star argument raised by learned counsel for the petitioner has been found without any substance, which .....

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Jun 13 2012 (HC)

State of Haryana and Another Vs. Suraj Mal

Court : Punjab and Haryana

Decided on : Jun-13-2012

..... illustrations. for instance the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to ..... this principle is that, the courts will not enforce and will, when called upon to do so strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargain power. it is difficult to give an exhaustive list of all bargains ..... . it will also apply where a man has no choice, or rather no meaningful choice, but to give his accent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the ..... contract, however, unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where ..... both parties are businessmen and the contract is a commercial transaction. in today's complex world of a giant corporations with their vast infra- .....

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