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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: punjab and haryana Year: 1998 Page 1 of about 36 results (0.028 seconds)

Jan 21 1998 (HC)

Data Computer Services Vs. Northern Digital Exchanges Ltd.

Court : Punjab and Haryana

Decided on : Jan-21-1998

Reported in : [1998]92CompCas362(P& H); (1998)118PLR687

..... company in the same manner and to the same extent as if this scheme had not been made. 5. subject to the other provisions contained in the scheme all lawful contracts, deeds, bonds agreements and other instruments of whatever nature to which the 'transferor company' is a party subsisting or having effect immediately before the amalgamation shall be in full force ..... plea. it is not for the parties to confer jurisdiction on the court by consent, more so, where jurisdiction on a court is conferred by the statutory provisions itself. no contract between the parties or any amount of mutual understanding can be said to be capable of creating jurisdiction in another court, if the provision conferring the jurisdiction in a statute .....

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Feb 06 1998 (HC)

Rajesh Vs. Smt. Anuradha

Court : Punjab and Haryana

Decided on : Feb-06-1998

Reported in : (1998)118PLR812

..... . smt. usha sood, (1996-3)114 p.l.r. 486:-' hindu marriage is not yet looked at or recognised in our society and law, as a pure and simple contract like other contracts. this bond is considered more as religious, moral and social bond of mutual duties and obligations giving marriage a religious and meaningful basis keeping in view the rituals performed .....

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Feb 06 1998 (HC)

Rajesh Vs. Anuradha

Court : Punjab and Haryana

Decided on : Feb-06-1998

Reported in : II(1998)DMC440

..... . sood v. smt. usha sood, (1996-3) 114 plr 486 :'hindu marriage is not yet looked at or recognised in our society and law, as a pure and simple contract like other contracts. this bond is considered more as religious, moral and social bond of mutual duties and obligations giving marriage a religious and meaningful basis keeping in view the rituals performed .....

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Feb 06 1998 (HC)

Gurdev Singh and anr. Vs. Punjab National Bank and ors.

Court : Punjab and Haryana

Decided on : Feb-06-1998

Reported in : AIR1998P& H106; (1998)118PLR537

..... anything contained to the contrary under the provisions of the code in any other law. in fact it does not even mention that anything contained to the contrary in any contract between the parties. in my humble view to read a nonobstante clause into the provisions of section 34 to frustrate the protection available to the parties under order 34 of ..... punj & har 98), would be of no help to the present peritioners because in these cases the stand of the petitioner was not that the borrower had not breached the contract. he had used the hypothecated items purely for a transaction which could be termed as commercial transactions.20. another factor which needs to be pondered as a necessary corollary is ..... the present case on the basis of the above enunciated principles the court cannot overlook the facts that the suit in question was a mortgage suit based on a specific contract between the parties. a definite prayer was made in the plaint which was contested by the defendant. the court decided the issue and granted the relief of interest at the ..... go behind the decree and to alter its terms to the prejudice of one of the parties to the decree;b) the loan in question was based on a specific contract between the parties and is a suit for recovery founded on a mortgage. therefore, the interest chargeable would be 12.5% and not 6%.c) that in any case even .....

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Mar 18 1998 (HC)

Punjab Breweries Limited Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Mar-18-1998

Reported in : (1998)120PLR423

..... be forfeited on failure of the return of bottles was in the nature of liquidated damages recoverable by the supplier under section 74 of the contract act. an overall view has to be taken of the dealings and transactions between the manufacturer of the beer, its customers and the consumers. ..... the appellate authority and the tribunal have concurrently held that the transaction in question does not constitute bailment within the meaning of section 148 of the contract act, 1872 but amounts to sale, the petitioner cannot escape the liability to pay the tax. she pointed out that in terms of rule ..... which the beer was supplied did not form part of the transaction of sale but constituted bailment within the meaning of section 148 of the contract act and the licensees were required to return the bottles after the consumption of beer, else the petitioner could forfeit the amount of security ..... reusable and command a substantial price as these are put to multifarious uses. it is a settled law to presume that there is an implied contract for the sale of packing material along with the actual product where the containers or bardana command substantial resale price. the contention of the counsel ..... of the appellant is that containers that is empty bottles are a cheap mode of transporting beer to purchaser and there is no express or implied contract for the sale thereof. further, these bottles are returnable and before bottled beer is sold to the purchaser, appropriate amounts of security is furnished .....

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Mar 23 1998 (HC)

Jagjit Singh and ors. Vs. Mithoo Singh

Court : Punjab and Haryana

Decided on : Mar-23-1998

Reported in : (1998)119PLR661

..... . aggrieved by the same, the present revision petition has been filed.5. as referred to above, the suit of the respondent was with respect to the specific performance of the contract namely agreement of sale of the property executed by kartar singh since deceased. keeping in view the said fact, the learned district judge had felt that defence that petitioners intend .....

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Mar 31 1998 (HC)

Lt. Colonel Jaswant Singh (Deceased by Lr) Vs. Daljit Singh (Deceased ...

Court : Punjab and Haryana

Decided on : Mar-31-1998

Reported in : AIR1998P& H254; (1998)120PLR495

..... trust had declined to grant permission before the expiry of ten years from the date of agreement, the plaintiff was not legally entitled to enforce the contract before the expiry of ten years. the trial court as well as the appellate court have rightly held the suit to be within time.44. in ..... specific performance of agreement. the offer was withdrawn by the plaintiff but without any reason since the plaintiff had already performed his part of the contract, the repudiation of contract by defendant no. 2 is found to be uncalled for and not permissible in law. defendant no. 2 was bounc by the agreement ..... dalip singh, air 1973 raj 45, it was held that a suit for specific performance can only be founded on a contract. if there is no contract, the party cannot come to enforce that contract. a contract to be specifically enforced by the court must, as a general rule, be' mutual.35. in mohd. hanif (deceased ..... v. kasivasi chidambara swamigal, air 1928 madras 407, it has been held that section 27(b) of the specific relief act pre-supposes a valid contract. that was a case where agreement by the guardian of a minor was found to be void and unenforceable against the minor. it was, therefore, held ..... no. 2. since the second agreement (exh. px/1) was an undated agreement though signed by both the parties, it does not become a legal contract because it was an incomplete agreement. it was presented before shri lal singh, the then chairman of the improvement trust, amritsar, but he declined to sign .....

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May 14 1998 (HC)

Punjab State Cooperative Supply and Marketing Federation Ltd. and Anot ...

Court : Punjab and Haryana

Decided on : May-14-1998

Reported in : (1998)120PLR529

..... first notice so served is dated 3-12-1992. it is addressed to chief engineer, markfed and reads as under : 'i hereby invoke the provisions of clause 40 of the contract agreement between our from and the executive engineer(c), markfed, chandigarh and call upon you to enter into reference and call upon the parties to submit their statement on claims ..... following findings : '..... therein, the post of director of storage in the ministry of food, government of india, was abolished no person holding that post was available for arbitration under the contract. the contention was that when there was a named arbitrator even though he was named by office it was not open to the court to supply the vacancy in his ..... an estimated cost of rs. 230 lacs. the tender of respondent m/s. lakhmir singh chandha & co. was accepted. as per terms of the contract, if there was any dispute or differences between the parties to the contract, the same was to be resolved through arbitration of the chief engineer of markfed. as dispute arose between the parties. the respondent invoked the .....

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May 20 1998 (HC)

Joginder Singh and Co. Vs. Union of India

Court : Punjab and Haryana

Decided on : May-20-1998

Reported in : (1998)119PLR839

..... had referred to clause 30 of the arbitration agreement and held that the claim had not been preferred within six months of the termination of the contract and, therefore, right to claim appointment of arbitrator has been lost. reference has also been made to clause 30 above. it has been ..... compensating for the commission or any such breach or as to any other matter or thing whatsoever connected with or arising out of the contract and whether before during the progress or after the completion of the work such question, difference or dispute shall be referred to the arbitrator ..... hereinafter shall entitle the contractor to sue for payment for services rendered under this contract, the intention being that the only remedy as regards claims made by him not admitted shall be to refer the same for arbitration under ..... will be considered after these period. if the contractor does not claim against the railway administration for payment in respect of service rendered under the contract within the above mentioned periods, he shall be deemed to have waived his right to any payment in respect thereof, provided always that nothing ..... been placed on the record and was not subject matter of any controversy. it reads as under : '30. during the currency of this contract all claims by the contractor against the railway administration must be preferred within three months of the date of the transaction and all objections to disallowance .....

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Jul 03 1998 (HC)

Usha Devi Vs. Parshadi Lal and anr.

Court : Punjab and Haryana

Decided on : Jul-03-1998

Reported in : (1998)120PLR692

swatanter kumar, j.1. in this revision petition order dated 2.6.1998 passed by the learned additional civil judge (sr. division), narnaul is impugned.2. it is contended by the learned counsel for the petitioner that in view of the recent pronouncements of the hon'ble supreme court of india in the cases of brahmdeo choudhary v. rishikesh prasad jaiswal and anr., j.t. 1997(1) s.c. 641 and silver line forum pvt. ltd. v. rajiv trust and anr., j.t. 1998(3) s.c. 1, the learned executing court could not have dismissed the objections as not maintainable on the principles laid down in the case of bank of baroda v. r.m. patwa and anr., 1996(2) s.l.j. 1285. it is contended that the executing court was obliged to conduct an enquiry and decide the objections on merits.3. the submission raised on behalf of the petitioner at the face of it is misconceived. it is true that the hon'ble apex court in the recent judgments has taken a different view than what had been taken in the case of bank of baroda's case (supra). now it is settled that a third party who was not a party to the suit proceedings can also file objections and the court can entertain and decide the said objections even in execution proceedings. acceptance of this argument does not forward the case of the objector because the learned executing court in the present case framed two issues and decided both the issues on merits after affording an opportunity to the parties to adduce their evidence.4. further more the whole case of .....

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