Court : Rajasthan
Reported in : 64STC12(Raj)
..... cotton to the foreign country so as to article 286 of the constitution. in this connection this court pointed out that neither there was any contract nor statutory provision binding the petitioner-company to export the cotton bales purchased from the local dealers, nor there was any binding agreement between ..... cent was to be paid after destinational weight and analysis on the basis of the documents mentioned in the state trading corporation's corresponding sale contract with buyers. the supreme court held that the sales by the appellants to the state trading corporation were not sales in the course of export ..... the export being inextricably linked up with the sale so that the bond cannot be dissociated without a breach of the obligation arising by statute, contract or mutual understanding between the parties arising from the nature of the transaction, the sale is in the course of export.10. in that case ..... seller to export, there must be an obligation to export and there must be an actual export. the obligation may arise by reason of statute, contract between the parties, or from mutual understanding or agreement between them, or even from the nature of the transaction which links the sale to export ..... sale and export, the two activities being so integrated that the connection between the two cannot be voluntarily interrupted, without a breach of the contract or the compulsion arising from the nature of the transaction. in this sense to constitute a sale in the course of export it may be .....Tag this Judgment!
Court : Rajasthan
Reported in : 1981WLN(UC)423
..... respondents a slim of rs. 700/- with interest: while deciding the case it was held that upon proper construction of the relevant clauses of the contract, the respondents had a legal tight to act as they did.44. while assailing the legality of this imposition of the penalty, the learned ..... not forfeit the security deposit under clause 3(a). they imposed on the- appellant the maximum fine or compensation leviable under clause 2 of the contract and ten percent of the estimated cost of the entire work and appropriated the security deposit towards the fine, as they were entitled to do under ..... learned judge arrived at the conclusion that the evidence did not show that the chief engineer was at all conscious of the fact that the contract in the case differed in very important particulars from the printed specification in the company's standard work. while discussing the document ex. 2, ..... duly authorised engineer has been made final. this clause provides for the compensation for failure to complete particular work or portion of work in the contract period. the various conditions regarding the compensation of the work are enumerated in clause 2 of the agreements ex.a-6. the last part ..... alignment plaintiff could not commence the work earlier than 1-3-1958. for the aforesaid reasons plaintiff was left with no alternative but to treat the contract as repudiated by the defendant & treating himself as free from any further liability after june, 1959. plaintiffs contention in the plaint was that he .....Tag this Judgment!
Court : Rajasthan
Reported in : 1984WLN(UC)425
..... the same was made in enforcement of liabilities arising out of mutually agreed conditions of auction.22. the material available on the record clearly indicates that there was no tripartite contract between the respondent and the appellants. clause 30(a) of the agreement relied on by the appellants reads as under:clause 30(a)all quarry fees, royalties, octroi dues ..... there were specific c editions for the sale. the contractors impeached the validity of the contractual obligations. their lordships analysing the situation were pleased to observe that a concluded contract must be held to have cone into existence between the parties. that, the appellants have displayed ingenuity in their search for invalidating circumstances but a writ petition was not an ..... the work or after the completion or abandonment thereof, or the contract by the contractor shall be final conclusive and binding on the contractor.15. it is pertinent to observe that the various matters mentioned therein for which the decision of the ..... of workmanship or materials used on the work or as to any other question, claim, right, matter, or thing whatsoever in any way arising out of, or relating to, the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions, or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress as .....Tag this Judgment!
Court : Rajasthan
Reported in : (1995)121CTR(Raj)255; 213ITR443(Raj)
..... of part of the property in question has been taken over by him impart performance of the contract. in view of this admitted factual position, there is no escape from the logical conclusion in the light of the definition of the term 'transfer ..... act shows that the factum of transfer has to be ascertained with reasonable certainty and in case the transferee has in part performance of the contract taken possession of the property or any party thereof, it would constitute a transfer. the petitioner himself has come with the case that possession ..... be given a complete go-by. section 53a of the transfer of property act is reproduced as under :'53a. part performance. - where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can ..... the act whole defining the term 'transfer', if possession of the property has been allowed to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer or property act, it was to be understood accordingly. therefore, the nature referred to ..... transferred by respondent no. 4 and taken over by the petitioner and it has to be agreed on all hands that part performance of the contract has been duly achieved.once it is admitted that immovable property of value exceeding the limit fixed under section 269uc has been transferred before furnishing .....Tag this Judgment!
Court : Rajasthan
Reported in : 1992(3)WLC149; 1992(2)WLN228
..... restitution of conjugal rights was passed by the court on on 18.3.1975. all these proceedings were instituted after the second marriage had already been contracted. these proceedings were, thus, never intended to take back the first wife (petitioner) to her matrimonial home, but were instituted only in order ..... appear to have been instituted in order to save himself from the liability of payment of the maintenance allowance to the wife because mohammed riaz contracted the second marriage on 4.6.1970, while he filed the suit for restitution of conjugal rights in the court on 31.10.1970, ..... legal and social status of the subsequent wife to which she is entitled to as a legally wedded wife. the neglected wife, whose husband has contracted second marriage, is, therefore, entitled to refuse to live with the husband and can claim maintenance and the husband, who has performed the marriage ..... and claim the maintenance. it is further contended by the learned counsel for the non-petitioner that the non-petitioner (husband)was driven to contract the marriage again because the petitioner-applicant, without sufficient cause, failed to live with him and deprived him of the martial rights, but he ..... to the conclusion that the applicant was never divorced by the husband nor was she neglected or ill- treated by the husband but the husband has contracted second marriage and as she is unable to maintain herself, the learned trial court, therefore, allowed the application of the applicant (wife) mst. noor .....Tag this Judgment!
Court : Rajasthan
Reported in : 1986(1)WLN350
..... 5 is to protect the tenants, who have built a permanent structure either for business or for residence, provided it has been built within five years of the terms of contract, would fall within section 5(i)(a) even though those constructions had been made before the date of commencement the act. thus, the very scheme of section 5(/)(a) clearly ..... legislature is competent to take away vested rights by means of retrospective legislation. similarly, the legislature is undoubtedly competent to make laws, which override and materially affect the terms of contracts between the parties; but the argument is that unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf no provision of ..... , and has in pursuance of such terms actually built within the period of five years from the date of such contract, a permanent structure on the land of the tenancy for residential or business purposes or where a tenant not being so entitled to build, has actually built any such structure ..... , 1955 was considered. sub-section (1)(a) of section 5 of that act provided that not with standing anything in any contract or in any law for the time being in force--(a) where under the terms of a contract entered into between a landlord and his tenant whether before or after the commencement of this act tenant is entitled to build .....Tag this Judgment!
Court : Rajasthan
Reported in : 2000(2)WLN413
..... been decided as the role of ordinance 67a was of no consequence to the petitioner.38. the age of superannuation of an employee is a private contract in between the employee and the college. the petitioner is accepting new pay scales, has accepted the age of retirement as 58. the university ..... university with it. it is also important that when the parties have expressly entered into a contract for arbitration, any other forum is generally excluded for redressing the grievance. vide state of himachal pradesh v. raja mahendra pal and ors. : 2scr323 ..... under clause (5) of statute 30, it has been provided that in case of any difference or dispute of any kind whatsoever arising out of a contract between an affiliated college and its employee, the matter shall be referred to arbitration. thus, no powers of adjudication of that dispute were kept by the ..... is sufficient authority to lay down that the petitioner was to be retired at the age of 58 because he has voluntarily entered into a personal contract with the respondents for retiring him at the age of 58, as he wanted to get the benefit of the revised pay scales. in view ..... scales with effect from 1.1.1986, have accepted that their retirement age will be 58 and in that connection, there is a novation of contract in between the petitioner and the respondent college. that being the position, this court felt persuaded that the petitioner having voluntarily accepted the age of .....Tag this Judgment!
Court : Rajasthan
Reported in : 2007(2)WLN209
..... s case, that condition in the notice cannot be enforced against maintaining the suit by the landlord without service of notice in terms of the contract between the landlord and tenant as that condition is not enforceable where the tenant has protection under the provisions of the rent control act and secondly ..... is helpful in holding that technicalities of notice under section 106 of the transfer of property act is different then the technicalities of notice by contract between the parties which depends upon the wordings of the condition. the requirement of notice may be a written notice or a verbal notice to ..... rajasthan and, therefore, the tenant cannot take plea that he is entitled to notice from the landlord because that is condition mentioned in the lease contract. the single bench judgment of this court delivered in the case of prakash mal v. jaswant raj soni rlw 2000(2) raj1227 stands overruled by ..... held that the restricted area under the various state rent acts has done away to a large extent with the requirement of the law of contract and the transfer of property act and further held that if this be so why unnecessarily, illogically and unjustifiably a formality of terminating the contractual ..... section 106 of the transfer of property act or after service of notice upon the tenant in terms of the condition mentioned in the lease contract, the tenant remains tenant and the landlord remains landlord till the decree for eviction is passed by the court under provisions of the act of .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1973Raj141; 1972()WLN931
..... 13 of the act may be considered. the section begins with a non-obstante clause. it is laid down that notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the ..... 1950.28. the term 'tenant' has been defined in section 3 (vii) to mean the person by whom the rent is. or but for a contract express or implied would be, payable for any premises and includes any person holding or occupying the premises as a sub-tenant, or any person continuing in ..... by a tenant whose tenancy is determined is by virtue of the protection granted by the statute and not because of any right arising from the contract which is determined. the statute protects his possession so long as the conditions which justify a lessor in obtaining an order of eviction against him do ..... premises by a tenant whose tenancy is determined is by virtue of the protection granted by the statute and not because of any right arising from the contract which is determined. the statute protects his possession so long as the conditions which justify a lessor in obtaining an order of eviction against him do ..... to 'otherwise assenting to the lessee continuing in possession'. of course, there is no prohibition against a landlord entering into a fresh contract of tenancy with a tenant whose right of occupation is determined and who remains in occupation by virtue of the statutory immunity. apart from an express .....Tag this Judgment!
Court : Rajasthan Jodhpur
..... among qualified persons, the same would not confer any right on the appointee. if it is a contractual appointment, the appointment comes to an end at the end of the contract, if it were an engagement or appointment on daily wages or casual basis, the same would come to an end when it is discontinued. similarly, a temporary employee could not ..... the duty to ensure a proper appointment procedure through the public service commission or otherwise as per the rules adopted and to permit these irregular appointees or those appointed on contract or on daily wages, to continue year after year, thus, keeping out those who are qualified to apply for the post concerned and depriving them of an opportunity to compete ..... under the said proviso the state government granted weightage of 10 marks for the experience of each year, up to three years, to the employees engaged on ad hoc/temporary/contract basis in the various schemes or projects of the rural development department and deserves to be declared unconstitutional? (5)(b) whether substitution of existing proviso to rule 23 is not ..... under the said proviso the state government granted weightage of 10 marks for the experience of each year, up to three years, to the employees engaged on ad hoc/temporary/contract basis in the various schemes or projects of the rural development department and deserves to be declared unconstitutional? (b) whether in view of the existing rule 273 in which written .....Tag this Judgment!