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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: rajasthan Year: 2011 Page 1 of about 22 results (0.025 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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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)

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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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 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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Mar 30 2011 (HC)

M/S Prince Stone Company. Vs. Commercial Taxes Officer.

Court : Rajasthan Jaipur

Decided on : Mar-30-2011

..... transaction of sale or purchase from his books of accounts or registers required by under section 21 of the act is concerned, the contention of the learned counsel for the petitioner-assessee has some force. if this transaction of sale of hydraulic excavator was not recorded ..... by lower authorities deserve to be up-held.9. however, the question of penalty imposed on the assessee under section 16 (1) (i) of the act, which empowers the assessing authority to impose a penalty to the extent of double the amount of tax avoided by the assessee, who has concealed any ..... circumstances of the case; and therefore, they do not give rise to the question of law required to be determined under section 86 of the rst act, 1994. whether the assessee had closed-down business of sale of stones for the year in question or not; whether registration certificate empowers it to ..... recorded in the books of accounts of the assessee, therefore, the petitioner-assessee was not liable to pay any penalty under section 16 (1) (i) of the act. he relied upon the following judgments in support of his contentions: 1.the state of gujarat v. raipur manufacturing co. ltd., reported in [1967] 19 stc ..... filed by the assessee under the sales tax law, the assessing authority imposed tax, interest and penalty under section 16 (1) (i) of the rst act, 1994 on the assessee by the impugned assessment order dated 04.10.1999.2. being aggrieved by the said order of learned tax board, the petitioner- .....

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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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Mar 29 2011 (HC)

Jafar Mohammad. Vs. SirajuddIn and ors.

Court : Rajasthan Jaipur

Decided on : Mar-29-2011

1. by way of the instant writ petition, the petitioner has sought the following relief:(i) by issue an appropriate writ, order or direction, the order dated 27.3.2006 (annexure-3) passed by respondent no. 6 municipal board, sambharlake and order dated 23.3.2007 (annexure-4) passed by respondent no. 7 additional divisional commissioner, jaipur be quashed and set-aside.(ii) any other appropriate relief which this hon'ble court may deem just and proper in the facts and circumstances of the case in favour of the petitioner. (iii) the cost of this writ petition may also kindly be awarded in favour of the petitioner.2. contextual facts of the case depict that the property situated at chhota bajar, sambharlake was entered in the name of khudabux. the respondents no. 1 and 2, who are the legal representatives of khudabux, submitted an application to the nagar palika, sambharlake for entering their name in place of khudabux. the petitioner filed the objections before the nagar palika, sambharlake. executive officer, nagar palika, sambharlake, directed the parties to get the right of ownership decided from civil court. thereafter sirajuddin deposited the house tax of the property-in-dispute with nagar palika, sambharlake, which was accepted by the executive officer. being aggrieved by the order of the executive officer, the petitioner preferred revision petition before the additional divisional commissioner, which came to be dismissed vide order dated 23.3.2007.3. heard learned counsel .....

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