Court : Rajasthan
Reported in : (1994)IILLJ631Raj; 1994(1)WLC1
..... employment for rural youth, who after training could take to independent vocations, that the scheme was formulated. a lateral source of sustenance was provided to them by granting them contracts. the true extent of control exercisable upon them was really missed. we have already shown that the extent of control exercisable by panchayat samitis was minimal and was very much ..... hence, we shall have to examine if really a relationship of master and servant had emerged between the concerned panchayat samitis and the hand pump mistries and engagement 'on contract' was merely a legal device to deprive the hand pump mistries of their legitimate rights obtaining under various pieces of labour welfare legislation or it was a genuine policy 'decision ..... it is submitted that members of the appellant-unions were neither employees, nor 'workmen' serving under respective panchayat samitis. thier relationship was of a special nature; it was a contract assignment. hence, the appeals deserved to be dismissed.15. we have given our earnest consideration to the rival contentions and have carefully perused the record of the two cases. we ..... employed by the two panchayat samitis was that of employee and employer, notwithstanding the fact that the orders employing the members of petitioner-appellant unions gave the nomenclature of 'contract' to the relationship. it is urged that this court can go behind the screen and unveil the same and ascertain the true nature of relationship existing between the hand .....Tag this Judgment!
Court : Rajasthan
Reported in : 1988(2)WLN419
..... slope could begin after monsoon season was over which meant postponement of excavation work by about four months, out of the total duration of six months of the contract.31. the contract was finally to be approved by the chief engineer of rseb. the papers were submitted by the executive engineer to the deputy chief engineer. it was noted by ..... taken by the government must with stand the test of reasonableness and rationality. public interest is paramount consideration. there should be fair play in action. public authorities entrusted with contracts involving public element should not resort to favourtism, nepotism and jobbery.29. guided by these basic fundamental principles, the case of the petitioner-company has to be examined. while ..... : (1979)iillj217sc , laid emphasis that the government in a welfare state is the regulator and dispenser of special services and provider of a large number of benefits, including jobs, contracts, licences, quotas, mineral rights etc. the valuables dispensed by the government take many forms, but they all share one characteristic. he quoted with approval the observations of a.n. ..... in some other cases, and more so where revenue to the government is involved, highest bid at an advertised and open public auction is adopted as the method. in contracts for execution of public works, method of inviting tenders by publishing public notice is followed. in some very specialised matters and in establishing big industries and establishments, negotiations across .....Tag this Judgment!
Court : Rajasthan
Reported in : 2001(4)WLC101; 2001(3)WLN98
..... 5 of the rajasthan act, 1954 since repealed as under:'(3) notwithstanding anything contained in this act, in the case of a works contract, the turnover of such contract shall be subjected to tax: provided that such deductions, as may be prescribed, may be allowed to a contractor while determining his tax liability ..... cannot be any hesitation in coming to the conclusion that enactment of the state legislation to make mere place of use of goods in works contract within state subject to tax, notwithstanding on the principles governing the inter-state trade or commerce which is laid by the central legislation falls ..... ii the goods shall become subject of charge by deeming provision, irrespective the transaction may involve such movement of goods in pursuance of the contract which brings it within the purview of inter-state trade or commerce. the sole basis thus, for subjecting to charge becomes the deemed situs ..... and includes:- (i)..... (ii) a transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract. (iii)..... (iv) a transfer of the right to use goods for any purpose whether or not for a specified period for cash, deferred payment or ..... the question of determining the identity of goods and value of goods, property in which is transferred due to its involvement in execution of works contract is concerned, we are of the opinion that this matter pertains to investigation of the fact as well as interpretation of statute which, involves .....Tag this Judgment!
Court : Rajasthan
Reported in : 1985(1)WLN745
..... of such amount. sections 65, 70 and 72 are the bedrock of the above doctrine of law which, under english law, are called quasi-contracts and, under the indian contract act. 'have received statutory recognition.43. the relevant clause in the agreement of 1941 (ex. 1) which is regarding royalty, excise duty and ..... on the substance of the right, not on whether they can be fitted into a particular framework. the right here is not peculiar to equity or contract or tort, but falls naturally within the important category of cases where the court orders restitution if the justice of the case so requires.41. ..... paid to the defendant under the agreement not otherwise unlawful, it should pay back the amount to the plaintiff even if for some reasons the contract as such is not enforceable. the law safeguards against any unlawful enrichment at the cost of an innocent party and provides restitution in all such cases ..... the agreement was being paid or not.38. in order to appreciate the doctrine of equitable principles as contained in sections 65 and 70 of the contract act, it may be noticed that in the municipal committee, kishangarh v. maharaja kishangarh mills ltd. (ilr 1960 rajasthan 501), this court observed as ..... in depositing the royalty assumes importance for the purpose of deciding the crucial debate relating to the application of sections 65, 70 and 72 of the contract act.25. in this appeal, it has not been disputed that the royalty was paid between 2nd june, 1949 to 22nd january 1954 and, the .....Tag this Judgment!
Court : Rajasthan
Reported in : 1986(2)WLN713
..... there and it was allowed to continue even under the covenant. thus, this ingredient of delivery is missing and for this reason also section 70 of the contract act will not apply.22. the second ingredient, 'in doing the said thing or delivering the said thing, he must not intend to act gratuitously' ..... was that they had only asked for some thing and, that was granted by the plaintiff. their lordships interpreted the provisions of section 70 of the contract act and came to the conclusion that from these facts it cannot be inferred that they were allowed to occupy building free of any obligation to pay ..... was with the union of india and the ex-ruler of the erstwhile state of alwar. their lordships were considering the provisions of section 70 of the contract act and, have considered the written statement filed by the defendant in the said case reported in bhagavada v. ps. soma iyer (supra). in para ..... of section 10 itself it is clear that where a person lawfully does anything for another person. the word 'lawfully does anything' are having privity of contract between the parties the person who is delivering the property, or is doing something must do with the consent of the parties for whom it is done ..... was running the college as a ruler of the erstwhile state and the expenses for the same were borne by the state. section 70 of the contract act runs as under:where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously and such .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1974Raj136; 1974(7)WLN140
..... answer to the first question is therefore as follows:-- 'section 19-a of the act requires that every tenant snail pay rent within the time fixed by contract or in the absence of such contract, by fifteenth day of the month next following the month for which it is payable and where the landlord does not accept the rent tendered to him ..... ruling that section 19-a was introduced in the act. clause (i) of it lays down that every tenant shall pay rent within the time fixed by contract or in the absence of such contract by the 15th day of the month next following the month for which it is payable. clause (2) lays down that where the landlord does not accept ..... 1965 with effect from june 9, 1965. it reads,--'19-a. deposit of rent by tenant-- (1) every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable.(2) where the landlord does not accept any rent tendered by ..... first sub-section of section 19-a specifies the time when the rent is payable. it provides that the contract shall be respected in regard to the time fixed thereby for the payment of rent but in the absence of a contract, rent is payable by a tenant by the fifteenth day of the month next following the month for which it .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2008(3)Raj2426
..... the learned counsel for the petitioner is that since the explosives were consumable commodity in the hands of the petitioner and the said explosives have been consumed in the works contract, therefore, the transaction cannot be a sale.24. the learned counsel for the petitioner, tried to draw distinction between the goods which are transferred to contractor and which are ..... orders.11. substantially the facts are not in dispute and which may be recapitulated here again, that the petitioner-company in its regular course of business, awarded mining works contract to the contractors and supplied various goods to the contractors and we are concerned with the supply of explosives to the contractors by the petitioner-company in these matters. the ..... the explosives in petitioner's own mining operation. the explosives exhausts in the mining operation and after its use nothing remained in the hands of the contractor. as per the contract between the petitioner and its contractor, the contractor could have used the explosives within the mining field of the petitioner and that too, under the strict control and supervision ..... . the company engaged in manufacture of lead, zine and allied metals and it has is own mines. in the regular course of business, the petitioner company awarded various mining contracts to the contractors wherein cement and steel are required to be used. the petitioner company is required to use explosives for winning minerals from its mines. this operation includes explosions .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1981Raj280; 1981()WLN151
..... dispute arises on account of the absence of a valid contract between the parties, creating the relationship of landlord and tenant. the plaintiff was thus entitled to the restoration of the property, the possession of which he had parted with on ..... the parties. thus, the plaintiff was entitled to restitution from the defendant and thereby seek re-delivery of possession of the property, which was the subject matter of a void contract. 7. moreover, in the present case, on account of the admissions made by the defendant state in the written statement, no difficulty regarding restitution of possession of the property in ..... reasonable recompense for the use and occupation of the premises by the state. of course, the plaintiff is not entitled to any compensation or damages for breach of contract because there was no contract lawfully entered into between the parties. but when a thing has been delivered with the intention to letting the same, then naturally the person who had so delivered ..... relief of ejectment of the defendant from the premises in dispute was also dismissed by the civil judge, udaipur. the first appellate court also held that there was no valid contract of tenancy between the parties, creating the relationship of landlord and tenant, as the document executed by the ranger ratanlal was not in accordance with the provisions of article 299 .....Tag this Judgment!
Court : Rajasthan
Reported in : 44STC373(Raj)
..... the iron hoops, by way of packing materials, is merely accessory or incidental to the work of pressing and baling. there is no express or implied contract for payment of price by the buyer, in respect of hessian cloth or iron hoops, which constitute the packing material and without the use of which ..... for the transfer is not money but other valuable consideration, then the transaction may constitute an exchange or barter but not a sale. similarly, if under the contract of sale, title to the goods does not pass to the buyer, then also there is no complete sale, but there is only an agreement to sell ..... applied to the facts of the present case, it is clear beyond doubt that no sale of the packing materials was intended nor there was any contract express or implied for the sale of the packing materials between the parties. but the transfer of the packing materials by the company to its customers ..... has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto to the other party for price.10. if the above-mentioned tests, laid down by their lordships of the supreme court and which have ..... appellate authority was of the view that the transfer of the packing materials did not constitute a sale of property but formed an integral part of the contract for work and, as such, sales tax could not be charged on the estimated price of the goods used by the company as packing materials. .....Tag this Judgment!
Court : Rajasthan
Reported in : 1969WLN177
..... plaintiff is entitled for the wrongful termination of his service. i am unable to accept this contention. under para 11 any dispute arising in connection with clause 9 of the contracts was to be referred to arbitration. these words are sufficiently wide so as entitled to tribunal determine what damages for wrongful termination of services should be awarded to the plaintiff ..... filed an application, in which two objections were taken against the award. one was that there was an error apparent on the face of it in as much as the contract embodies in the agreement was for personal service and could not be specifically enforced in view of section 21 of the specific relief act. the other was that the tribunal ..... been taken. the facts of khardah co. ltd. v. rayman and co. (india) private ltd. air 1962 sc 1810 are distinguishable. in that case the contract was void as it was prohibited by the forward contracts (regulation) act 1952.27. i would like to make it clear that the principle enunciated above is only applicable to the case of an arbitration tribunal ..... execution of certain work by a with the government of india provided that except where otherwise provided in the contract, all questions and disputes arrising out of or relating to the contract would be referred to the arbitration of the superintending engineer, eastern aviation circle ii. disputes arise between the parties and the government appointed on as an arbitration to adjudicate on .....Tag this Judgment!