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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: punjab and haryana Year: 2007 Page 1 of about 29 results (0.026 seconds)

Dec 19 2007 (HC)

Bhiwani Improvement Trust Vs. Shankar and ors.

Court : Punjab and Haryana

Decided on : Dec-19-2007

Reported in : (2008)151PLR224

..... 28 or after amendment act came into force w.e.f. 24-9-1984, additional amount under section 23(1a). even in general principles of law, section 60 of the contract act provides that where the debtor has omitted to intimate and there are no other circumstances indicating as to which debt the payment is to be applied, the creditor may .....

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Dec 10 2007 (HC)

United India Insurance Company Limited Vs. Kusum Sood and ors.

Court : Punjab and Haryana

Decided on : Dec-10-2007

Reported in : 2008ACJ2601; (2008)149PLR16

..... the conditions of the contract of which the policy is an embodiment.7. in the instant case, the insurance policy, which was produced before us, reveals that the driver of the vehicle was covered under ..... .we have heard the learned counsel for the parties.6. in our considered opinion, the insurance company is bound by the terms of the policy as it is an intended contract between the insured and insurer. 7. in case, the insurance company wants to wriggle out of the liability to pay the compensation, then it has to establish the breach of .....

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Nov 28 2007 (HC)

Kehar Singh Vs. Ashok Kumar

Court : Punjab and Haryana

Decided on : Nov-28-2007

Reported in : (2008)149PLR355

..... for the mere asking, but it can be granted in rare cases to prevent manifest injustice. the court would not rewrite a contract between the parties, but the court would relieve against a forfeiture clause and where the contract of the parties has merged in the order of the court, the court's freedom to act to further the ends of justice .....

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Oct 31 2007 (HC)

Food Corporation of India and ors. Vs. Presiding Officer, Central Govt ...

Court : Punjab and Haryana

Decided on : Oct-31-2007

Reported in : [2008(116)FLR694]; (2008)IILLJ434P& H; (2008)149PLR101

..... genuine and prohibition notification under section 10(1) of the clra act in respect of the concerned establishment has been issued by the appropriate government, prohibiting employment of contract labourer in any process, operation or other work of any establishment and where in such process, operation or other work of the establishment the principal employer intends to ..... dhand (kurukshetra) was not mentioned. in view of the said notification, buffer godown, dhand (kurukshetra) was not the prohibited center, where the management corporation was prohibited from engaging contract labour.21. the contention of the learned counsel for the workmen that the said notification was not issued by the appropriate government, as in the case of the management corporation ..... of the food corporation of india, which were located in the state of haryana. learned counsel submitted that the definition of the 'appropriate government' was subsequently amended by the contract labour (regulation and abolition) act (14 of 1986) with effect from 28.1.1986. prior to the said amendment, the question whether the central government or the ..... prohibited centre of employment notified by the appropriate government. the dhand store depot was not the prohibited centre. therefore, for that centre, respondent no. 3 got supplied the contract labour to the management corporation. accordingly, in pursuance of the agreement (annexure p-4), respondent no. 3 appointed six workmen as security guards and directed them to report .....

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Oct 18 2007 (HC)

Ranjit Singh Vs. Shakti Singh and ors.

Court : Punjab and Haryana

Decided on : Oct-18-2007

Reported in : AIR2008P& H93; (2008)150PLR810

..... court in respect of the litigation between karam singh and the society, it would be extremely difficult to conclude that time was not the essence of contract this intention was evident from the clear stipulation made in the agreements to sell.12. in dnyanoba bhaurao shemade v. maroti bhaurao marnor : air1999sc864 , ..... v. palaniswami nadar : [1967]1scr227 .11. though in a case of specific performance, the courts generally do not accept time to be the essence of contract, where it can be shown that parties never intended to do so. however, when it is clearly stipulated in the agreement to sell, as in the ..... the parties, learned trial court came to a conclusion that the plaintiff had failed to show his readiness and willingness to perform his part of the contract and therefore, not entitled to get the specific performance of the agreement to sell dated 4-3-1980. further that the execution case titled 'dharampur ..... in favour of the plaintiff? opp.2. whether the plaintiff remained ready and willing and is still ready and willing to perform his part of the contract? opp.3. whether the plaintiff is entitled to specific performance of the agreement dated 4-3-1980? opp.4. whether the plaintiff is entitled to ..... of karam singh aforementioned. it was pleaded therein that deceased karam singh had been requesting the plaintiff time and again to perform his part of the contract on the decision of the court in execution case, but he was never ready and willing to do the same. as such the earnest money .....

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Oct 15 2007 (HC)

Harminder Singh and anr. Vs. Punjab and Sind Bank

Court : Punjab and Haryana

Decided on : Oct-15-2007

Reported in : AIR2008P& H39; (2007)4PLR754

..... balance amount of rs. 1,31,25,000/- was paid on 14.3.2007. it is well settled that a conditional acceptance of bid does not lead to a concluded contract in the absence of confirmation. in that regard reliance may be placed on para 8 of the judgment rendered by hon'ble the supreme court in the case of haridwar ..... considered the submissions made by learned counsel and are of the view that the instant petition is devoid of merit. the question for consideration is as to whether a concluded contract between the parties has come into existence. it would be apposite to firstly make a reference to the relevant terms of the sale notice, which are as under:1. the ..... balance 75% of the amount as rs. 1,31,25,000/-. accordingly, the amount was deposited by the bank drafts on 14.3.2007. he has further submitted that a contract can also be inferred from the exchange of letters and its formal manifestation in the form of a document is not legally required. on a pointed query raised by us ..... civil courts are wrong in opining for lack of jurisdiction. they have preferred this writ petition.7. mr. arun palli, learned counsel for the petitioner has argued that a concluded contract has come m being which could not be cancelled by the respondent-bank by its letter dated 14.3.2007 (p-11). in that regard he has relied upon two .....

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Sep 12 2007 (HC)

Munish Gupta Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Sep-12-2007

Reported in : (2009)154PLR110

..... a case, the court may not lose sight of the fact that if a serious disputed question of fact is involved . arising out of a contract qua contract, ordinarily a writ petition would not be , entertained. a writ petition, however, will be entertained when it involves a public law character or ..... any enforcement of any of the fundamental rights. as the dealers of petroleum products, they are bound to comply with the conditions mentioned in the contract. the consequences of contravention of the conditions are contained in the agreement itself. therefore, the writ petitions filed by the petitioners to seek restoration ..... the court found that the right of the corporation to suspend the supply of petroleum products to an erring dealer, is an exercise under the contract. it was held that when a dealer short-supplies or tampers with the seal, he apart from committing the statutory violation also commits a misconduct ..... 14 of the specific relief act, 1963. therefore, the remedy of the petitioner is to invoke the jurisdiction of this court as the termination of the contract is in violation of the public law duty imposed upon the respondents. reliance is placed upon e. venkatakrishna v. indian oil corporation and anr. : ..... be to entitled to proceed with the reference from the point at which it was left by his predecessor. it is also a term of this contract that no person other than the director (marketing) or a person nominated by such director (marketing) of the corporation as aforesaid shall act as .....

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Sep 07 2007 (HC)

Smt. Ashrafi Devi Memorial Charitable Trust Vs. Ram Kumar

Court : Punjab and Haryana

Decided on : Sep-07-2007

Reported in : (2009)153PLR59; AIR2008P&H19(FB); 2008AIHC666(P&H)(FB)

m.m. kumar, j.1. whether the agreed rate of rent is to be considered as basic rent within the meaning of section 4(2)(b) of haryana urban (control of rent and eviction) act, 1973 (for brevity 'the act), in the process of fixing fair rent even after expiry of lease period stipulated in the lease deed', is the pristine legal question, which has been referred for the opinion of this full bench. this question has arisen on account of the view taken by a learned single judge in the case of gobind ram v. kanshi ram (2001) 129 p.l.r.753 holding that the agreed 'ate of rent would not be the basic rent after the matter came up for consideration before one of us (hemant gupta, j.) a doubt was expressed about the correctness of the judgment rendered by the learned single judge in gobind ram's case (supra). according to the reference order, a contrary view has been taken by hemant gupta, j. in civil revision no. 3114 of 1987 decided on 9.7.2003 titled as som parkash v. suresh kumar. after noticing facts the following reference has been made for the opinion of this bench.the learned counsel for the petitioner argued that finding recorded by the appellate authority is not sustainable in view of the judgment gobind ram v. kanshi ram (2001) 129 p.l.r. 753 : 2002 h.r.r. 37 wherein the judgment of supreme court in ishwar swaroop sharma's case has been considered. the learned single judge of this court in gobind ram v. kanshi ram (2001)129 p.l.r 753 : 2002 h.r.r. 37 has held that the agreed .....

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Aug 30 2007 (HC)

Narvir Singh and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Aug-30-2007

Reported in : (2008)149PLR593

..... 272 in which it was held that when a debtor deposits with the creditor the title deeds of his property with an intent to create a security, law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 of the transfer of property act or in the form of a mortgage deed .....

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Jul 23 2007 (HC)

Jai Singh Vs. Smt. Sukhjit Kaur

Court : Punjab and Haryana

Decided on : Jul-23-2007

Reported in : (2007)4PLR706

..... such act or omission as the law specially declares to be fraudulent.explanation.- mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless ..... would itself negate the plea raised by the learned counsel for the respondent.fraud defined.- 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent or to induce him to enter into the ..... contract: (1) the suggestion, as a fact, if mat which is not true, by one who does not believe it to be true, (2) the active concealment of a fact by .....

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