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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2015 Page 1 of about 23 results (0.026 seconds)

Jul 22 2015 (HC)

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Decided on : Jul-22-2015

..... ('rights') and to execute all the documents necessary to carry out, facilitates and enforce the rights in the property including to execute lease agreement, licence agreements,construction contracts, supplier contracts, agreement for sale, conveyance, mortgage deeds, finance documents and all documents and agreements necessary to create and register the mortgage, conveyance, lease deeds, licence agreement, power ..... transaction, a transferee like a developer is allowed to undertake development work on the land by assuming general control over the property in part performance of the contract. the date of that transaction determines the date of transfer. the actual date of taking physical possession or the instances of possessory acts exercised is not very ..... transfer of immovable property ; the transferee should have taken possession of the property ; lastly, the transferee should be ready and willing to perform his part of the contract. that even arrangements confirming privileges of ownership without transfer of title could fall under section 2(47)(v). section 2(47) (v) was introduced in the act ..... of attorneys, affidavits, declarations, indemnities and all such other documents, letters as may be necessary to carry out, facilitate and enforce the rights and to register the same .....

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Sep 11 2015 (HC)

St. Soldier Limited Vs. Pushpinder Kumar

Court : Punjab and Haryana

Decided on : Sep-11-2015

..... . if such liability which is statutory in nature were to be transferred to an apartment owner, there ought to be specific contract between the coloniser and an apartment owner making possible a recovery which is in the nature of indemnity for a coloniser. i have not been shown through any particular clause which is the most crucial thing in this case. if ..... of the punjab apartment and property regulation act, 1995, the liability for payment of external development charges was only on the developer of a colony and there had been no contract any point of time to incur the expenditure by the apartment owner. the trial court dismissed the suit but in the appeal, the appellate court made reference to a statutory .....

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May 15 2015 (HC)

Commissioner of Income-tax-I, Chandigarh Vs. Usha Saboo

Court : Punjab and Haryana

Decided on : May-15-2015

..... of the premises and respective representations, warranties, covenants, agreements and indemnities herein contained, the parties hereto agree as follows:- ** ** ** 5.5 non-competition: for a period of five years after the closing date, neither sellers nor any firms, companies or other ..... correspondence with fipb which had raised the query, would not mean that the parties had agreed for the price payable for each of the above items. the transaction remained a contract of outright sale of the entire investment for a lump sum consideration [see commentary on model tax convention on income and on capital (oecd, 28-1-2003) as also the ..... crores. the sale price of the shares was inclusive of all dividend rights. clause 1.6 of the agreement provided that it was a fundamental condition and essence of the contract that the sale would be of the entire 440,000/- equity shares owned by the saboo group. the relevant provisions of the share purchase agreement are as under: '** ** ** "in consideration .....

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Aug 26 2015 (HC)

Commissioner of Income-tax (TDS), Chandigarh Vs. Ivy Health Life Scien ...

Court : Punjab and Haryana

Decided on : Aug-26-2015

..... entitled to collect the amount to be shared between the two. however, there is no such clause for regularly employed doctors. (g) the consultant doctors were required to take professional indemnity insurance on their own. (h) the consultant doctors were not employed by service rules and regulations but they were expected to follow the code of conduct and ethics of doctors ..... independent professionals. the amounts paid to them did not amount to salary. similarly, in relation to other doctors where the remuneration was variable and there was a written contract or no written contract, it was recorded that the amounts paid to them did not amount to salary. it was observed that it will depend upon facts and circumstances of each case after ..... case of doctors with fixed pay and tenure, the amount paid to them constituted salaries. in relation to the second category of doctors drawing fixed plus variable pay with written contracts, after noticing the terms and conditions, the conclusion of the tribunal was upheld that neither of the doctors was entitled to provident fund or any terminal benefits. both were free ..... are some doctors who attend the hospital on call. thus the respondent has employed these professional doctors as their employees to provide full time services to the patients as per contract for service entered with them. the respondent company deducted tax under section 194j of the act from the payments made to them treating the payments as professional fees instead of .....

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Dec 22 2015 (HC)

Satish Kumar and Others Vs. Laxmi Narain and Others

Court : Punjab and Haryana

Decided on : Dec-22-2015

..... of resolution of disputes relating to a relationship between parties contractual or otherwise. a compromise can be arrived at even otherwise leading to a contractual relationship between the parties. the contract then comes about as a result of the compromise. it is reasonable to presume that the parties who intend entering into an agreement of tenancy are aware of the existence .....

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Dec 17 2015 (HC)

Harjit Kaur (D) through LRs. and Others Vs. Jangir Singh (D) through L ...

Court : Punjab and Haryana

Decided on : Dec-17-2015

..... 1974, neither the intention of the parties can be ascertained nor it is possible to ascertain definitely the period for which the time for performance of the contract was really intended to be extended. in case of keshavlal lallubhai patel and ors v. lalbhai trikumlal mills ltd (supra), it was observed by the ..... from another angle as to whether the term of writings (ex.p5 and ex.p9) were vague and uncertain and hence void under section 29 of the contract act, which reads as follows:- "agreements, the meaning of which is not certain, or capable of being made certain, are void." 43. the language ..... the agreements. 25. article 54 of limitation act, reads as follows:- 123description of suitperiod of limitationtime for which period begin to runfor specific performance of a contract:three yearsthe date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. 26. it is ..... 30 days, as such, there is no lapse on the part of respondents-plaintiff(s), who were always ready and willing to perform their part of contract. the respondents-plaintiff(s) have proved that there was interim order passed in the suit filed by shivdev singh. even if, it has not been ..... of rs. 15000/- from the plaintiff?opp (2) if issue no.1 is proved whether the plaintiff was willing and ready to perform his part of the contract? opp (3) whether the plaintiff's suit is within limitation? opp (onus objected to) (4) whether the suit in the present form cannot proceed? opd .....

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Jul 24 2015 (HC)

Manju Bala Vs. State of Haryana and Others

Court : Punjab and Haryana

Decided on : Jul-24-2015

..... act (annexure p-10), whereby three persons, namely, gurmeet singh, babita rani and mahipal, who have been working as j.b.t.teachers on contract basis, have been given minimum pay scale after revision. even the ratio decidendi culled out by the full bench of this court would also apply to ..... 8. from the clear reading of the rules, it is evident that the same would not be applicable to the employees who are working on contract basis, but the fact remains that the petitioner on reappointment was being given minimum pay scale of l 4500-7000 and on revision w.e.f. ..... act, whereby similarly situated persons, namely, gurmeet singh, mahipal and babita rani have also been granted similar scale on revision, though they are also working on contract basis. 5. mr. hitesh pandit, learned additional advocate general, haryana appearing on behalf of the state, in order to support the impugned order, has drawn ..... minimum pay scale on revision of pay scales w.e.f. 1.1.2006 has been rejected on the ground that the petitioner was working on contract basis. 2. mr. anurag goyal, learned counsel appearing on behalf of the petitioner submits that in pursuance to the advertisement promulgated by the state for ..... persons paid otherwise than on monthly basis, including those paid on a piece-rate basis or on daily wages or on contract basis and even for the persons, who have been appointed on contract basis, 1998 rules would not be applicable. 6. in rebuttal, learned counsel for the petitioner has relied upon the .....

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Mar 04 2015 (HC)

Fiancus Solutions Pvt. Ltd. Vs. State of Haryana and Others

Court : Punjab and Haryana

Decided on : Mar-04-2015

..... further negotiations and award the contract only to the petitioner on account of its bid having been lower than that of respondent no.3. 18. it is not an absolute rule that ..... the eligibility criteria necessary to perform the contract. the record does not indicate a change of mind in this regard. 17. the only question is whether respondent no.2 was bound to enter into ..... nature of the work, respondent no.2 considered respondent no.3 to be a more suitable enterprise. 16. the petitioner was technically qualified to perform the contract. this is clear from the minutes of the meeting of the committee held on 08.08.2014. the committee had found the petitioner to have fulfilled all ..... select bidders with experience and reputation in the field cannot be faulted. 14. though the ordinary rule is to dispose of the property or award the contracts by public auction or by inviting tenders, it is not an invariable rule. this has been so held by the supreme court in shri sachindanand pandey and ..... , a.c.j. 1. the petitioner has sought a writ restraining respondent no.2-haryana state cooperative apex bank ltd. (harco) from awarding any contract to respondent no.3-m/s euronet services india pvt. ltd. and if already issued, for the cancellation thereof. the petitioner has also sought an order .....

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Sep 15 2015 (HC)

Satvir and Another Vs. State of Haryana and Others

Court : Punjab and Haryana

Decided on : Sep-15-2015

..... one reason. there is no allegation against the petitioners regarding the quality of services provided. there is no allegation against the petitioners with respect to their performance of the contract qua the official respondents. the allegations made have not been substantiated by or in a proper inquiry. 10. in view of the above, present petition is allowed. impugned ..... of the inquiry committee have been blindly accepted by respondent no. 4. we certainly would not expect the competent authority to record detailed reasons for termination of a contract but the original records must necessarily reflect application of mind by respondent no. 4 on the recommendations made by the inquiry committee prior to taking a decision to terminate ..... and that trained manpower had not been provided. accordingly, inquiry committee recommended to respondent no. 4 i.e. the medical superintendent of the hospital for termination of the contract by giving notice of 24 hours. strangely even though the conclusion has been arrived at by the committee and drastic recommendations have been made, yet, there is no specific ..... of petitioner no. 2, wherein the allegations as regards "irregularities" having been denied, yet, the inquiry committee while furnishing recommendations on 11.8.2015 for termination of the contract had recorded the statements of the complainants and certain other witnesses. concededly such statements were never supplied to the petitioners and they were not afforded a chance to confront and .....

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Sep 04 2015 (HC)

M/s. Super Cassettes Industries Vs. M/s. Singla Property Dealer Limite ...

Court : Punjab and Haryana

Decided on : Sep-04-2015

..... was liable to pay entire royalty/minimum guaranteed amount mentioned in the agreement with interest @ 18% per annum on alleged breach committed by the respondent. the petitioner terminated the contract and demanded the entire amount of royalty/minimum guaranteed amount. on the respondents failure to pay, winding up petition was filed. the court dismissed the said petition holding that ..... breach, and stipulations by way of penalty, and according to this principle, even if there is a stipulation by way of liquidated damages, a party complaining of breach of contract can recover only reasonable compensation for the injury sustained by him, the stipulated amount being merely the outside limit. it, therefore makes no difference in the present case that ..... the common law a genuine pre-estimate of damages by mutual agreement is regarded as a stipulation naming liquidated damages and binding between the parties : a stipulation in a contract in terrorem is a penalty and the court refuses to enforce it, awarding to aggrieved party only reasonable compensation. the indian legislature has sought to cut across the web ..... is concerned, there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for un-liquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty. .....

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