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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: rajasthan Year: 2011 Page 1 of about 22 results (0.028 seconds)

Oct 14 2011 (HC)

Parshav Nath JaIn Mandir Trust Vs. Avtar Singh

Court : Rajasthan

Decided on : Oct-14-2011

Reported in : 2012AIR(Raj)39

..... that rent tribunal shall, in deciding such petitions to which provisions contained in chapter ii and iii of this act do not apply, have due regard to the provisions of transfer of property act, 1882 (act no.4 of 1882) the indian contract act, 1872 (act no.9 of 1872), or any other substantive law applicable to such matter in the same manner in which such law would ..... have been applied had the dispute been brought before a civil court by way of suit. provided further that nothing contained in this act shall be deemed to ..... empower the rent tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of the rajasthan public premises (eviction of unauthorised occupants) act, 1964 (act no.2 of 1965) and the rajasthan premises (requisition and eviction) ordinance, 1949 apply. (2) where the petition only for recovery of unpaid rent or arrears of rent ..... . 10. the contention of learned counsel for the respondent plaintiff tenant that present suit is for specific performance and, therefore, is not covered within the scope of rent control act, 2001 is misconceived. merely titling the suit as suit for specific performance, which is substance seeks resolution of dispute between the parties as landlord and tenant cannot oust the jurisdiction .....

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Mar 30 2011 (HC)

Commercial Taxes Officer. Vs. Ms/ M/S Godrej G.E. Appliances, Tonk Roa ...

Court : Rajasthan Jaipur

Decided on : Mar-30-2011

..... either the matter deserves to be remanded back to the assessing authority or such optional service charges realised by the assessee in after sales separate contract while selling the refrigerators, deserves to be included in the selling price. the controversy stands concluded in favour of the respondent-assessee and, therefore ..... respondents that depending upon the demand pattern in a particular area, the dealer purchased about 10 per cent of the refrigerators straightway with the service contract; for the remaining purchases, he exercised the option later, as and when the dealer anticipated further demand from his customers.the tribunal on an ..... of assessment of central excise duty under section 4 of the act. it was found as a fact by the tribunal that after the free ..... assessable value for the purpose of the central excise under the said act. the relevant portion of the judgment is quoted below for ready reference :- the point involved in these appeals is whether the four-year service contract charge is includible in the value of the refrigerators for the purpose ..... warranty period of one year is over, the respondents herein offer a four-year service contract only for the sealed system or parts thereof. this contract is not free. it is on payment basis. the contract is .....

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Oct 11 2011 (HC)

Jodhpur Development Autho., Jodhpur Vs. State Consumer Disp. Red. Foru ...

Court : Rajasthan Jodhpur

Decided on : Oct-11-2011

..... may be maintained against such public officer."in wood v. blair (the times, july 3, 4, 5, 1957 [hallet j & court of appeal] a dairy farmer's manageress contracted typhoid fever and the local authority served notices forbidding him to sell milk, except under certain conditions. these notices were s.b.civil writ petition no. 11316/2010 & 11 other ..... sale or lease by public auction by the owner (including private residential colony developers) and the sale/lease is confirmed in favour of the highest bidder, the resultant contract relates to sale or lease of immovable property and there is no hiring or availing of services by the person bidding at the auction nor the seller or lessor, ..... machinery is obliged to be people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining ..... the sale of goods act, 1930. but since the transaction contemplated, though related to immovable property, consists of various other obligations and performance and services in relations to thereto comprising series of contracts combined into one, the property sought to be transferred having an element of immovable property would not preclude the other part of the contract which may consist of .....

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Jan 11 2011 (HC)

Smt. Indira Devi and ors Vs Naresh and anr.

Court : Rajasthan Jaipur

Decided on : Jan-11-2011

..... naresh, son of the deceased, was the owner of the vehicle. the vehicle was insured with the respondent no.2, the oriental insurance company. thus, the contract was between the insurance company and naresh. the contract was not between the insurance company and the deceased. 3. therefore, according to the learned counsel, the deceased was a third party. since the vehicle was ..... the insurance company, has strenuously pleaded that the deceased had expired only due to his own negligence. 4. therefore, the claim petition was not maintainable under section 163a of the act. secondly, since the deceased was the father of respondent no.1, he cannot be considered as a third party. thirdly, the insurance company had not charged the extra premium ..... the use of the words third party therefore, in chapter xi of the motor vehicles act clearly refers to the intention of the legislature to point out to a party which is neither the first party nor the second party to a contract of insurance. other than the contracting parties to the insurance policy, the expression third party, therefore, should include everyone, be ..... insured for third party claim, the insurance company was certainly liable. moreover, the claim petition was filed under section 163a of the motor vehicle act ('the act', for short). section 163a .....

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Dec 12 2011 (HC)

Babu Lal Vs. Additional District and Sessions Judge, Laxmangarh, and O ...

Court : Rajasthan

Decided on : Dec-12-2011

..... purpose. to the aforesaid principles, one more principle may be added, namely, that a document required to be registered, if unregistered, can be admitted in evidence as evidence of a contract in a suit for specific performance. 13. now, adverting to the facts of the instant case, it is revealed that the facts of the case of k.g. shivalingappa (supra ..... any question in the cross-examination with regard to this partition deed and blatantly reflected ignorance about the same. learned counsel further canvassed that under section 49 of the registration act, the document was not required to be registered, as it was being used for collateral purpose. he further canvassed that since 1964, all the parties have been residing and in ..... august, 1964, but the learned trial court did not permit the petitioner-defendant to mark exhibit thereon observing that the same was not registered under the provisions of the registration act. aggrieved with the said order, the petitioner-defendant has invoked extra-ordinary jurisdiction by way of filing the instant writ petition. 5. heard the learned counsel for the parties and ..... the learned additional district judge, laxmangarh, district alwar, did not allow the petitioner-defendant to mark exhibit on the partition deed, as the same was not registered under the registration act, 1908. 2. adumbrated in brief, the facts of the case leading to the writ petition are that the plaintiffs-respondents filed a suit for partition stating that one property situated .....

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Dec 05 2011 (HC)

Kanti and Another Vs. Additional Civil Judge and Others

Court : Rajasthan

Decided on : Dec-05-2011

..... that the document was an exhibit in the case and had been used by the parties in examination and in cross-examination of the witnesses, section 36 of the stamp act did not come into operation. once a document had been admitted in evidence, as aforesaid, it was not open either to the trial court itself or to a court of ..... the plaintiff, many documents were filed and out of these documents, ex. 3 and 13 were the agreement to sale, which were not duly registered under the provisions of registration act. since the documents were not registered, hence they could not be admitted to evidence under the provisions of law. learned trial court allowed the plaintiff to mark the exhibits on ..... the petitioners also argued that if the documents are not tendered in the suit for specific performance of contract, then the proviso to section 49 of registration act does not hold good and the document is required to be registered under section 17 of registration act. learned counsel for the petitioners has placed reliance on the judgment delivered by hon'ble apex court .....

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Oct 11 2011 (HC)

Shree Cement Limited and anr Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

Decided on : Oct-11-2011

..... estoppel. it is a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or ..... of the term promissory estoppl, section 115 of the indian evidence act 1872 reads as follows; when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe such a thing to be true and act upon s.b. civil writ petition no.4790/2009 shree cement ..... rips 2003 is an executive policy decision of the state government involved here in this case; whereas upon enactment of u.p. electricity reforms act, 1999, uniform tariffs for supply of electricity were introduced in the case before the apex court and thus obviously principle of promissory estoppel were ..... the appellants, then filed the present appeals.allowing the appeals, the supreme court held : in terms of section 6(c) of the general clauses act, 1897, unless a different intention appears the repeal would not affect any right, privilege or liability acquired, accrued or incurred under the repealed enactment. ..... "... in this circumstances, the petitioners can very well invoke the principle of equitable and promissory estoppel against respondents under section 115 of the indian evidence act." c. pournami oil mills vs. state of kerala (1987) 65 stc 1: this case arose out of sales tax incentive given to small scale .....

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Oct 11 2011 (HC)

Binani Cement Ltd., Vs. State (Finance) and ors

Court : Rajasthan Jodhpur

Decided on : Oct-11-2011

..... 11/10/201113/24performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the doing of which or the failure of forbearance to do ..... rightly so, but against which only on a question of law arising therefrom, a revision petition under section 86 of the rajasthan sales tax act, 1994 could be maintained by the petitioner assessee, this revision petition filed for seeking refund of tax already so paid and recovered on the ..... the inter-state sales of depb licence in the present case. the position relating to amendment in section 8 of the central sales tax act by reproduction of comparative provisions before amendment and after amendment is given below in the form of a chart. the effect of these amendments ..... tax itself can only beexempted by invoking relevant provisions for grant of exemption under the relevant statute, like , section 15 of the rajasthan sales tax act, 1994. that power can only be exercised by the state government itself according to the rules of business and not by any secretary concerned thereof ..... :11/10/20112/243.admittedly, since alternative remedy is available to thepetitioner company against the impugned rectification orders under section 37 of the rajasthan vat act, 2003, these writ petitions under article 226 of the constitution of india could have been summarily dismissed on the anvil of availability of alternative remedy .....

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Mar 28 2011 (HC)

State Bank of IndiA. Vs. State of Rajasthan and ors.

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... was classified as npa. the petitioner issued a notice under section 13 (2) of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (here-in-after to be referred to for short as act of 2002) to the borrowers. in the meantime, the commercial taxes officer, circle b, bhiwadi raised a demand of rs. 14,38,98,755 ..... with the proclamation order issued by the commercial taxes officer, bhiwadi, the same can be impugned by way of filing an appeal under section 84 of the rajasthan sales tax act and if the petitioner feels further aggrieved with the order rendered by first appellate court, he can file second appeal under section 85 of the ..... act before the tax board. the alternative efficacious remedy is available to the aggrieved petitioner-bank and unless the alternative efficacious remedy is exhausted, the petitioner cannot be permitted to invoke .....

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Mar 28 2011 (HC)

M/S Kaso Chemie IndiA. Vs. Assistant Commissioner, Commer.

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... in question was not synthetic adhesive. in fact, by a cursory dismissal of the rectification application of the assessee under section 37 of the act by the order dated 13/3/2000, this question was refused to be answered by the assessing authority & while the first appellate authority allowed ..... hand.8. the word `mistake' coupled with words `apparent from the face of the record' is the gravamen of section 37 of the act dealing with rectification of the mistake. it is just another remedial measure provided to the assessee as well as assessing authority including the appellate, revisional ..... order of learned deputy commissioner (appeals) and the same does not require any interference by this court in revisional jurisdiction under section 86 of the act. he, therefore, prayed for dismissal of present revision petition.7. i have heard learned counsels at length and given my thoughtful consideration to the ..... assessing authority at a higher rate, it is within the power of the assessing authority under section 43 of the kerala general sales tax act, 1963, to rectify that mistake and refund to the assessee the excess amount collected. the deputy commissioner has also power under section 35 ..... authority deputy commissioner (appeals) jaipur allowed the appeal of the assessee against the order passed by the assessing authority under section 37 of the act and allowed the application for rectification dated 29/2/2000 filed by the assessee, which was rejected by order dated 13/3/2000 of assessing .....

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