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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: rajasthan Year: 2011 Page 1 of about 22 results (0.027 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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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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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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Mar 28 2011 (HC)

M/S Parasnath Trading Co. Vs. Asstt. Commissioner, Special Circle, Com ...

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... by the assessee, this quantity of `urad' was not available with the assessee and, therefore, the same were `unaccounted for goods' and attract penalty under section 77(8) of the act.4. the first appellate authority deputy commissioner (appeals), however, allowed the appeal filed by the assessee holding that the assessee produced the purchased bill of another registered dealer namely; m ..... been passed. learned assessing authority also failed to give opportunity of hearing to the assessee and has not held further inquiry as was envisaged under section 77(8) of the act and nothing about the production of bill of another registered dealer along with the supporting documents as aforesaid has been discussed by the learned assessing authority in the impugned penalty ..... holding proper and reasonable inquiry into the matter and giving reasonable opportunity of hearing to the assessee, learned assessing authority could not impose penalty under section 77(8) of the act in a mechanical and hurried manner. unless these supporting documents can be inquired into and finding these to be forged, they simply could not be brushed aside by the learned ..... basis and, therefore, same deserves to be set aside by this court in revision jurisdiction as it would give rise to the question of law under section 86 of the act.9. consequently, this revision petition is allowed and the impugned order passed by the learned tax board dated 30/8/2003 is set aside and that of learned deputy commissioner .....

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Mar 28 2011 (HC)

Kanhaiya Lal MeenA. Vs. the Managing Director, Sbbj and ors.

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... filed an application before the sdo, anta, district baran, who in-turn, issued the notice dated 17.1.2011 under section 4 of rajasthan agriculture credit operation (removal of difficulties) act, 1974 asking the petitioner to deposit an amount of rs. 14,39,000/-, failing which petitioner's property had been directed to be attached and auctioned by way of sale .....

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Mar 28 2011 (HC)

Kailash C.Sharma and ors. Vs. State and ors.

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... which it would not have otherwise earned, or the other party has suffered an impoverishment which it would not have suffered but for the order of the court and the act of such party. the quantum of restitution depending on the facts & circumstances of a given case, may take into consideration not only what the party excluded would have made but ..... state of uttar pradesh v. deepak fertilizers & petrochemical corporation ltd (2007 (10) scc 342). counsel for petitioners further urged that the statutory authority under all india council for technical education act, 1987 only recognizes such institutions which are imparting 2-years' diploma lab. tech. with 10+2 as minimum qualification at entry level; & in conformity thereof, qualification has been introduced by ..... rights have been conferred upon persons being appointed in compliance of ex parte stay order; and it is a settled principle of law that no one should suffer by an act of court. in support, counsel placed reliance upon decision of apex court in south eastern coal fields ltd v. state of m.p. (2003(8) scc 648). counsel for petitioners ..... laid down regarding determination of merit pursuant to advertisement dt. 06/10/2010. it is also settled principles of law that no one should suffer by act of court and injury if any caused by act of court shall have to be undone and the gain which the party having earned unless it was interdicted by order of the court would be .....

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Mar 28 2011 (HC)

Kamal Prakash VermA. Vs. Authorised Officer,state Bank of India and an ...

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... -7, mansavorar, jaipur. since the petitioner failed to repay the loan amount, notice under section 13(2) of the 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) was issued to the petitioner. subsequently, the respondent bank filed an application under section 14 of the ..... act of 2002 before the district collector and district magistrate, jaipur for providing police assistance in order to take the possession of the disputed property. district collector and district magistrate, jaipur .....

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Mar 28 2011 (HC)

Assistant Commissioner, Special Circle-i, Commercial Taxes Deptt. Jaip ...

Court : Rajasthan Jaipur

Decided on : Mar-28-2011

..... that as the voltage stabilizers supplied by the assessee therein are accessories to electrical energy, the same are exempted from tax under section 8 of the act. we find it extremely difficult to accede to the submission of the learned counsel. what is exempted from tax is electrical energy and not any ..... elsewhere in this schedule and not actually other than those specifically mentioned in the schedule as in the above referred to entry 39 of the kerala act. but as per the above referred to meaning of the term specify given in the words and phrases, volume 39a at page 469, the ..... to the introduction of entry 152 relating to dry batteries or cells) they fell under item 38 of schedule i to the andhra pradesh general sales tax act, 1957, attracting a lesser rate of sales tax, if they were not marked for use with transistors. they did not fall under item 137. ( ..... carbons are accessories required for use with cinematographic equipment, etc., and fall for taxation under entry 4 of schedule i to the andhra pradesh general sales tax act, 1957, even though they may be used up. they do not fall within entry 38. annapurna carbon industries co. v. state of andhra pradesh [1976 ..... arc carbon and used in the projectors for exhibition of films fell within entry no.4 of the first schedule of andhra pradesh general sales tax act, 1957 which read as under: cinematographic equipment, including cameras, projectors, and sound recording and reproducing equipment lenses, films and parts and accessories required .....

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Mar 29 2011 (HC)

Commercial Taxes Officer, AlwA. Vs. M/S J L C Electroment Pvt. Ltd.

Court : Rajasthan Jaipur

Decided on : Mar-29-2011

..... in form st-18a could be fastened upon the respondent-assessee in the present case, the penalty in question under section 78 (5) of the act deserves to be set aside and the appellate authority below has rightly done so, and therefore, their orders would not require any interference by this court ..... entry reads like this:8. all types of electrical goods including ups and cvts.9. the word 'electrical goods' is not defined in the rst act or in the rst rules, or in these relevant notifications separately, therefore, the common parlance test or trade parlance test has to be applied in these ..... that items imported by the assessee do not fall under any of the items so specified which are sought to be taxed as electrical goods under the rst act, 1994.96. electrical goods excluding electrical fans, desert and room coolers, wires and cables, bulbs and tube-lights, electrical home appliances with their parts and accessories ..... even required to be furnished or accompanied with the said goods checked and found in transit on 14.10.2000 as per section 78 of the act; and therefore, there was no question of imposition of any penalty for any deficiency or absence of the said declaration. he also submitted that other ..... requirement to furnish such declaration in form no. st-18a besides the sale bills and goods transportation receipt as per section 78 (2) of the act as they were not electrical goods but the same were goods used for distribution of electricity or any other form of power and, thus, as .....

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