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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: punjab and haryana Year: 2002 Page 1 of about 25 results (0.050 seconds)

Oct 01 2002 (HC)

The New India Assurance Company Ltd., Through Its Regional Manager Vs. ...

Court : Punjab and Haryana

Decided on : Oct-01-2002

Reported in : II(2003)ACC677; 2003ACJ1454; (2003)133PLR783

..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. if the owner of the vehicle, who has the benefit of indemnity is himself not covered by the policy, his representatives unless he be an employee covered by the first proviso to section 5(1)(b) is in no better ..... is to be compensated. their lordships of the karnataka high court held that owner of the karnataka high court held that owner of the vehicle who has the benefit of indemnity is himself not covered and his representative is in no better position unless he be an employee covered by the first proviso of section 85(1)(b) of the act ..... .e. his father. in that case, the son of the owner of the goods vehicle was accompanying the goods and not as an employee. it was observed that basically a contract of motor insurance seeks to indemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of .....

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Jan 11 2002 (HC)

Rakha Singh Vs. Babu Singh

Court : Punjab and Haryana

Decided on : Jan-11-2002

Reported in : 2003(1)ARBLR22(P& H)

..... defendant by the competent authority - urban land ceiling authority, ludhiana, so that the transaction did not keep lingering for an indefinite period. in cases of contracts touching immovable property by the stipulation that it shall be performed till such and such date is usually not intended that after that date no specific performance ..... sale deed in his favour but in vain, he has also averred that he has always been ready and willing to perform his part of the contract and he contacted the defendant several times with the requisite balance consideration and also the necessary amount required for purchase of the stamp but the defendant ..... the agreement to sell dated 10.9.1980. it was further found that the plaintiff was always ready and willing to perform his part of the contract i.e. to pay remaining rs. 3500/- and got the sale deed from the defendant and that the plaintiff served the defendant with notices dated ..... 2.1981, through his counsel to complete his part of own agreement by 1.3.1981, but he failed to do so. after 1.3.1981 the contract lost its efficacy and no more subsisted. 3. on the pleadings of the parties, the following issues were farmed by the learned trial court :- 1. ..... through his counsel sh. k.l. verma, advocate, before the expiry of the period of limitation, but the plaintiff failed to perform his part of the contract. it was urged that the plaintiff cannot take advantage of his own default. it was denied that the plaintiff paid rs. 500/- as earnest money. after .....

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Mar 22 2002 (HC)

Atul Mehra and anr. Vs. Bank of Maharashtra

Court : Punjab and Haryana

Decided on : Mar-22-2002

Reported in : AIR2003P& H11; II(2003)BC570

..... learned courts below have wrongly held that the plaintiffs have failed to establish a case of bailment, as provided in section 148 of the indian contract act.29. i am unable to agree with the submissions made by the learned counsel for the appellants. a perusa! of the judgment of ..... by the plaintiffs. therefore, clearly the plaintiffs have failed to prove entrustment of the jewellery to constitute bailment as required under section 148 of the indian contract act, 1872.20. mr. chhibbar, had placed heavy reliance on the judgment of this court in na tional bank of lahore ltd., delhi v. ..... , argued that the relationship between the appellants and the respondent-bank was that of a bailor and bailee as given in section 148 of the indian contract act, 1872. according to the learned counsel, once it is accepted that the relationship between the parties is that of 'bailment', the lack of ..... court shows that learned trial court has meticulously considered the entire evidence led by the parties. it has been held that there was a legal contract between the appellants and the respondent-bank. the learned trial court on the basis of the evidence came to the conclusion that a robbery ..... formulated thus :--'would the relationship between the locker hirer and the bank fall within the definition of bailment as given in section 148 of the indian contract act, 1872, merely on the locker being hired; or is it necessary also to prove by independent evidence entrustment, quantity, quality and value of .....

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Apr 22 2002 (HC)

National Insurance Co. Ltd. Vs. Hari Singh and ors.

Court : Punjab and Haryana

Decided on : Apr-22-2002

Reported in : 2004ACJ194

..... entitled to recover any such sum from the insured if the insurer was not otherwise liable to pay such sum to the insured by virtue of the conditions of the contract of insurance indicated by the policy. 22. to repeat, the effect of the above provisions is this: when a valid insurance policy has been issued in respect of a vehicle .....

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Apr 24 2002 (HC)

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Decided on : Apr-24-2002

Reported in : [2003]117CompCas660(P& H)

..... to arbitration. -- notwithstanding anything contained in part i or in the code of civil procedure, 1908 (5 of 1908), a judicial authority, on being seized of a dispute regarding a contract made between persons to whom section 53 applies and including an arbitration agreement, whether referring to present or future differences, which is valid under that section and capable of being ..... the arbitration agreement, and particularly so, when the latter is contained not in a separate agreement, but, as in the present case, in one of the clauses of the main contract.'in order to controvert the submission advanced by the learned counsel for the respondents and more particularly, to overcome the judgments relied upon by him, learned counsel for the appellants ..... complete and exhaustive code. in this behalf, the stance adopted is that the arbitration act, 1996, is merely a procedural law, whereas the substantive law is contained in the indian contract act, 1872. to substantiate the aforesaid aim, he has placed reliance on national thermal power corporation v. singer company and ors. (1992) 2 comp lj 256 (sc) : (1992) 3 scc ..... companies act also, the company law board is assigned several functions under the companies act. the present impugned order is obviously an order passed under section 22a of the securities contracts (regulation) act, 1956, as amended in 1985, and, therefore, it is tried to be contended that section 10f provides that any person aggrieved by any decision or order of the .....

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May 29 2002 (HC)

Tarun Bhargava Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : May-29-2002

Reported in : 2003(2)ARBLR645(P& H); 2003(3)KLT397

..... received half the value of property sold, or the purchaser had paid more than double value. the maxim 'pacta sunt servanda' referred to in the above passage means 'contracts are to be kept'. 82. it would appear from certain recent english cases that the courts in that country have also begun to recognize the possibility of on uconscionable ..... or to the dominant purposeof the contract'. uniform commercial code section 2-302 comment 1..... a bargain is notunconscionable merely because the parties to it are unequal in bargaining position, noreven because the irequality results ..... rules as to contractual capacity, fraud andother invalidating causes; the policy also overlaps with rules which render particularbargains or terms unenforceable on grounds of public polity. policing againstunconscionable contracts or terms has sometimes been accomplished by adverseconstruction of language, by manipulation of the rules of offer and acceptance or bydeterminations that the clause is contrary to public policy, ..... for refusing to implement certain agreements on the ground of inequality of bargaining power. the relevant part of the judgment is extracted below :- '78. although certain types of contracts were illegal or void, as the case may be, at common law, for instance, those contrary to public policy or to commit a legal wrong such as a crime .....

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May 31 2002 (HC)

Daljit Singh Ahluwalia Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Decided on : May-31-2002

Reported in : [2002]256ITR545(P& H)

..... income-tax authorities'. this clearly shows that the possession handed over was merely permissive possession and could not be equated with handing over the possession in part performance of the contract of the nature referred to in section 53a of the transfer of property act, 1882. from clause 5, it was evident that the possession of the petitioner was conditional on ..... -emptive purchase nor granted the no objection certificate. according to the appropriate authority, possession of the property had already been handed over to the transferee in part performance of the contract and, as such, the letter and intent of the provisions of chapter xx-c of the act had been violated. the high court, following its earlier decision in the case ..... and that the agreement to sell was not capable of being made certain and was void as per section 29 of the indian contract act, the appropriate authority had found that the agreement to sell was a contingent contract depending upon the orders of the competent authority under the urban land ceiling act and thus the appropriate authority took objections with regard .....

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May 31 2002 (HC)

Daljit Singh Ahluwalia Vs. Union of India and anr.

Court : Punjab and Haryana

Decided on : May-31-2002

Reported in : (2002)175CTR(P& H)229

..... income-tax authorities'. this clearly shows that the possession handed over was merely permissive possession and could not be equated with handing over the possession in part-performance of the contract of the nature referred to in section 53a of the transfer of property act, 1882. from clause 5, it was evident that the possession of the petitioner was conditional on ..... -emptive purchase nor granted the no objection certificate. according to the appropriate authority, possession of the property had already been handed over to the transferee in part-performance of the contract and, as such, the letter and intent of the provisions of chapter xx-c of the act had been violated. the high court, following its earlier decision in the case ..... and that the agreement to see was not capable of being made certain and was void as per section 29 of the indian contract act, the appropriate authority had found that the agreement to sell was a contingent contract depending upon the orders of the competent authority under the urban land ceiling act and thus the appropriate authority took objections with regard .....

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Aug 06 2002 (HC)

Smt. Krishna Rani Vs. Ram Kishan

Court : Punjab and Haryana

Decided on : Aug-06-2002

Reported in : (2003)133PLR88

..... to the condition to the grant of the permission by the competent authority. the petitioners having expressly admitted that the respondents have refused to abide by the terms of the contract, they should have asked for the relief of specific performance in the original suit itself. having allowed the period of seven years elapsed from the date of filing of the .....

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Oct 23 2002 (HC)

United India Insurance Co. Ltd. and anr. Vs. Rajinder Pal Sood

Court : Punjab and Haryana

Decided on : Oct-23-2002

Reported in : 2004ACJ1301; (2003)133PLR643

..... after getting him fully and properly medically examined and after fully satisfying himself about the other particulars. he received annual premium of rs.1500/-from him. in this manner,complete contract of insurance was reached between the parties. he felt acute pain in chest along with suffocation and went to escorts heart institute and research centre, okhla road, new delhi on ..... that 'by section 45 the nice distinction created by the doctrine of warranty under the english common law has been eliminated. the insurer cannot avoid the consequences of the insurance contract by simply showing inaccuracy or, falsity of the statement made in the proposal for insurance, or in any report of the medical officer, or in any other document leading to .....

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