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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: punjab and haryana Year: 1998 Page 1 of about 36 results (0.036 seconds)

Nov 30 1998 (HC)

Smt. Veena Sharma Vs. Life Insurance Corporation of India Etc.

Court : Punjab and Haryana

Decided on : Nov-30-1998

Reported in : 1999ACJ685; (1999)121PLR202

..... that 'by s.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 ..... date it was effected on the ground that some statements leading to the issue of policy were inaccurate or false, and the second provides that when the insurer challenges the contract of insurance after the expiry of 2 years of its being effected, he cannot seek to avoid the policy except when there is any false statement or suppression concerning a ..... contended that the form filled in by the insured in regard to personal statement regarding health contained a declaration that if any statement made is found to be incorrect, then contract shall be deemed to be null and void and all monies paid towards revival of the policies and subsequent thereto, shall stand forfeited to the corporation. mr. mahajan jeontended that ..... for consideration before a division bench of assam high court in new india assurance co. ltd. v. sulochana chowdhurani, a.i.r. 1962 assam 65. therein, it was held that contract of insurance including contracts of life insurance are contracts uberrima fides and every fact of materiality must be disclosed, otherwise there is good ground for rescission of the .....

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Sep 18 1998 (HC)

Yogesh Anand and Co. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Sep-18-1998

Reported in : (1999)121PLR761

..... are not authorised by the rules. there is nothing in the rules to show that the state government cannot add or delete the condition of contract in form 'l'. petitioner-company accepted the terms and conditions with open eyes and once it appended its signatures on the terms and conditions ..... the petitioner's bid was accepted. therefore, it cannot be allowed to challenge the same. in fact, the petitioner- company started working before the contract could be signed by the state of haryana and started extracting sand. therefore, it cannot be allowed to take volte face stand and say that ..... non-availability of sand in some of the villages. it has been further stated that the state government can add or delete any condition of contract which is not contrary to the provisions of the law and rules keeping in view the circumstances. accordingly, conditions 3-a and 18-a ..... villages have been included in the auction and that a dispute has arisen between the previous contractor/lessee and the respondent in regard to the contract granted in the year 1993. according to the petitioner-company, there were 48 villages in the present zone in the earlier lease period ..... of rule 33 of haryana minor mineral concession rules, 1964 (hereinafter referred to as 'the rules'). the petitioner-company accordingly deposited the necessary and advance contract money and also submitted non-judicial stamp papers for executing the agreement. the petitioner-company received form 'l' i.e. statutory proforma of the agreement .....

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Jul 21 1998 (HC)

Food Corporation of India, Class Iv Employees' Union (Regd.), Sangrur ...

Court : Punjab and Haryana

Decided on : Jul-21-1998

Reported in : (1999)121PLR35

..... conformity with the provisions of section 10. furthermore, on a perusal of section 10, it appears that while the appropriate government has been empowered to prohibit the employment of contract labour by notification in the official gazette, the expression used is that 'the government may after consultation with the central advisory board ....'. the appropriate government is not bound ..... to prohibit the employment of contract labour. the provision is an enabling one. however, in clause (2), there is a positive mandate. before issuing the notification, it is incumbent on the government to ..... the counsel for the appellant and relied on the decision taken by the central government to accept the recommendations made by the committee constituted to study the working of contract labour system in sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the central government had become the appropriate government ..... that in view of latest pronouncement of the supreme court, the judgment under appeal should be set aside and the respondent-corporation be restrained from engaging watchmen as contract labour. learned counsel argued that the reasons given by the learned single judge for declaring that the notification dated december 9, 1976 is not applicable to the establishments .....

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Jul 20 1998 (HC)

Rattan Lal Vs. Smt. Bharpal and ors.

Court : Punjab and Haryana

Decided on : Jul-20-1998

Reported in : (1998)120PLR525

..... grant of specific relief by enforcing the contract would certainly be a relief which equity would demand. the legislative intention behind section 20 cannot be stated to be that a party first fails to perform its part of ..... , imbalances created against one party and in favour of other, that it would consider exercising its discretion under these provisions. the scheme of this act clearly shows that where a contract is proved in accordance with law and party has acted without undue delay and has perused its remedy in accordance with law without infringing the settled cannon of equity the ..... obtaining rs. 13,000/- as earnest money. but plaintiffs failed to get the sale-deed executed in time though he (appellant) was ready and willing to perform his part of contract. from his statement inference can be drawn that deep chand husband of plaintiff no. 1 has not committed any fraud or mis-representation with defendant and he has taken a ..... fact of execution of sale agreement and his stand is that he was ready and willing to perform his part of contract. so burden is upon him to establish that he was ready and willing to perform his part of contract. defendant has produced the relevant witnesses in this respect. but after going through their statements i feel that plaintiffs are not .....

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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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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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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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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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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 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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