Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 2 of about 943 results (0.018 seconds)

Sep 10 1971 (HC)

Maliram and ors. Vs. Jagmohan and ors.

Court : Rajasthan

Reported in : 1971WLN632

..... his representative character as heir that the plaintiff can be made liable to such refund, and that liability depends, it appears to us upon whether there was an implied contract of warranty or indemnity as to the title co sell the village between subbaraya and the 1st defendant's father. that is a question which must, we think, be left for determination ..... undivided coparcener with the incidental right of partition and the transferee was not entitled to more than the moiety of the village lands which were alone the subject of the contract of sale. it was contended on behalf of the alienee that the plaintiff had succeeded as heir to the share of subaraya in the rest of the family property and .....

Tag this Judgment!

May 07 1959 (HC)

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1960Raj92

..... the agreement the plaintiff should either be exempted from payment of excise duty or the excise duty paid by it should be reimbursed under the indemnity clause contained in the agreement. the trial court held that the agreement was not binding on the united state of rajasthan or on the state ..... rajasthan and the liability to indemnify had devolved on the state of rajasthan the agreement would have become frustrated within the meaning of section 56, contract act, on the coming into fores of the finance act, 1950, because the consideration for the agreement namely payment of 7 1/2 per ..... of the community when the question arises and its freedom of action in matters which concern the welfare of the state cannot be hampered by contract. the power to exempt from tax is sovereign legislative power. the law is already well established that future legislative action cannot be fettered. i ..... the consideration for the agreement became unlawful with effect from 1-4-50 and the contract was frustrated under section 56 of the contract act. it is therefore not open to the plaintiff to enforce the indemnity clause contained in the agreement even if the agreement amounted to a special law and the ..... indemnity clause contained in it was not affected by the rajasthan excise duties ordinance 1949 and the .....

Tag this Judgment!

Feb 15 1973 (HC)

Narayan Singh Vs. Chhatarsingh and anr.

Court : Rajasthan

Reported in : AIR1973Raj347; 1973()WLN128

..... a defendant debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion. so, if the sum recoverable became zero, owing to the decree being reversed, the surety's liability would also be ..... the decree is allowed to be executed against the surety judgment-debtor be-cause after its satisfaction the principal judgment-debtor shall be required under the contract act to reimburse the surety. this process, if allowed, would ultimately deny the benefits of the act to the principal debtor who is otherwise en ..... any benefit out of the provisions of the act, then those benefits would automatically enure for the benefit of the appellant as his liability under the contract could not be assessed more than that of the principal debtor- i agree with the remarks of spencer, j. referred to above that the surety ..... liability of a surety is co-extensive with that of the principal debtor unless it is otherwise provided for ..... an illustration of the effect ofsection 128, contract act occurs in shek suleman v. shivram bhikaji. (1888) ilr 12 bom 71 where it was observed that if an amount recoverable by a plaintiff, from ..... of that relief 4. the argument of learned counsel for the decree-holder is that the liability of a surety under section 128 of the contract act is co-extensive with that of the principal debtor only to the extent to which the decree is not passed by a competent court, .....

Tag this Judgment!

Apr 06 1976 (HC)

The United India Fire and General Insurance Co. Ltd. and anr. Vs. Mst. ...

Court : Rajasthan

Reported in : AIR1976Raj178

..... injured by negligent driving for which the policy holder is responsible, the passenger would have a claim to be compensated by the policy holder, and an indemnity against other claims as provided in the policy in question. i do not think that this case has any relevance apart from definition of a 'third ..... person and does not say that the minimum limits of compulsory coverage fixed by it in certain specified cases must always remain unaltered even by voluntary contract between the parties. so far as the liability which arises under the provisions of motor vehicles act is concerned, it is only the tribunal established ..... and life insurance corporation ltd. 1943 ac 121 wherein it was observed that the governing conception is that the insurer is one party to the contract and the policy holder another party and that claims made by others in respect of the negligent use of the vehicle may be inter alia described ..... not required to cover any liability in respect of passenger carried in a vehicle not run for hire or reward, but the insurer can, by contract, extend its liability in any respect beyond the requirements of the act and also safeguard its interest fully by providing a term in the policy that ..... of the decree, of any sum not exceeding the sum assured, payable thereunder. this is so because the claimant is not a party to the contract of insurance and he is merely a statutory beneficiary. the tribunal cannot award to him as against the insurer anything more than what the statute allows. .....

Tag this Judgment!

Aug 17 2001 (HC)

Oriental Insurance Company Ltd. Vs. Smt. Hulasi Devi and ors.

Court : Rajasthan

Reported in : II(2003)ACC103; 2002ACJ2082; 2002(4)WLN88

..... been decided that the standard motor cycle comprehensive policy should cover liability to pillion passengers treating them as occupants in the motor cycle and provide indemnity to such person who are not carried for hire or reward.'13. it was further held that the term 'any person' used under section ..... -3020, the expression 'third party risks' has been given meaning as under:-'third party risks connotes that the insurer is one party to the contract, that the policy holder insured is another party, and that claim made by others in respect of the negligent use of the car, may be ..... the tariff advisory committee amended on 25lh march, 1977 and by this amendment the insurance companies were compulsorily required to incorporate a clause in the contract to indemnify the insured for the death or bodily injury to any person including the occupant.12. in oriental insurance company ltd. v. minaxi ..... and ors. (8) which was based on the instruction of the tariff advisory committee requiring insurance company to mandatorily incorporate a clause in the contract to indemnify the insured in respect of compensation for death and bodily injury to any person including the occupant carried in the motor car provided that ..... premalatha and ors. (supra) the high court of kerala held that the pillion rider was not carried for a reward of or in pursuance of contract of employmentand, therefore, the insurance company is not liable. this case relates to motor vehicles act, 1939 as in the aforesaid case, the date .....

Tag this Judgment!

May 29 2001 (HC)

Assistant Engineer G.W.D. and anr. Vs. Rakma Bhil and ors.

Court : Rajasthan

Reported in : 2001(4)WLN152

..... the relation of contractor from whom the workman could have recovered compensation), and all questions as to the right to and the amount of any such indemnity shall, in default of agreement be settled by the commissioner. sub-section (3) of section 12 provides that nothing in this section shall be ..... lift pariyojna there was a sudden blast of detonator (tota) and that resulted in causing injuries to the claimants and as such gwd being in contract with the employer drda is equally responsible for making payment of compensation to the claimants for their personal injuries.27. in view of the aforesaid ..... contractor instead of the principal.23. from the above provision it is clear that the respondent claimants are entitled for compensation both from principal drda and contracting party gwd.24. having therefore, examined aforesaid three cases both on principal and authority, it is crystal clear that once the additional collector (dev.) ..... executing this work for drda was to be made by drda to gwd vide ex.a/1 and, therefore, principal employer drda as well as contracting party gwd both are liable for payment of compensation to the workmen claimants, who sustained employment injuries.22. section 12(2) of the workmen's ..... drda agreed to make payment of bill being sent to them. this fact is not in dispute that drda being principal employer and gwd being contracting party to carry out the work for principal drda. whole of the work of blasting and digging drains was carried out for the principal and .....

Tag this Judgment!

Oct 31 2003 (HC)

Ashok Maheshwari and anr. Vs. Chothu, Moola and anr.

Court : Rajasthan

Reported in : II(2004)ACC14; 2004(2)WLC97

..... 11(1)(a) of standard form for motorcycle, comprehensive policy, sheet 59 of the imt, covers liability to pillion passengers treating them as occupants in the motor cycle and provides indemnity to such persons who are not carried for hire or reward. but learned tribunal failed to consider this important aspect.(ii) the tariff advisory committee amended the tariff on march ..... 25, 1977 and by this amendment the insurance companies were compulsorily required to incorporate a clause in the contract to indemnify the insured for the death of or bodily injury to any person including the occupant.(iii) the tariff advisory committee is the statutory body constituted under the insurance .....

Tag this Judgment!

Apr 14 1971 (HC)

The Mewar Textile Mills Ltd. Vs. Sita Ram Basanti Lal Jain.

Court : Rajasthan

Reported in : 1971WLN200

..... and the consignee obtained delivery of the goods from the railway not by retiring the bill and producing the railway receipt but by giving a letter of indemnity to the railway.16. in mussadi lal v. union of india (supra) though the railway receipt was drawn in the name of the consignee it was ..... as found by the learned district judge show that they had been charging interest at the rate of 9% from each other. section 221 of the contract act fully governs the case. the lower court has rightly decreed the suit. i do not find force in the contentions raised on behalf of the ..... court in harilal v. pehladrai & co. (supra) after quoting the above passage observed that 'this precise statement is not found in the indian contract act, but the indian contract act is not exhaustive and speaking for myself, this provision appears to me to be good sense'. it was a case where the agents were ..... pass to the company until it paid for the goods. bowstead on agency (thirteenth edition) in article 82 at page 239 states:where an agent by contracting personally, renders himself personally liable for the price of goods brought on behalf of his principal, the property in the goods as between the principal and the ..... the defendant. but the question as to when property in the goods passes depends upon the intention of the parties having regard to the terms of the contract, their conduct and the circumstances of the case. sections 20 & 24 of the sale of goods act jay down the rules for ascertaining the intention .....

Tag this Judgment!

Jun 29 2009 (HC)

Jagdish NaraIn Through Lrs. Vs. Rawal Rajeshwar Singh Through Lrs.

Court : Rajasthan

Reported in : RLW2010(1)Raj491

..... , as has been discussed here-in-before, this is a not a suit for determination of the right of the parties and ownership but based upon the privity of the contract of tenancy and filed under the act of 1950 and it has been found proved by both the courts below that defendant was the tenant of the plaintiff rawal rajeshwar ..... of title cannot be gone into because the suit of the plaintiff would be dismissed even if he succeeds in proving his title but fails to establish the privity of contract of tenancy. in a suit for eviction based on such relationship the court has only to decide whether the defendant is the tenant of the plaintiff or not, though the ..... . the trial court after detailed discussion of the evidence led by both the parties arrived at a conclusion that defendant hari narayan was tenant and there was a privity of contract of tenancy in between the plaintiff rawal rajeshwar singh and the defendant hari narayan sharma in regard to the property in question. it was further held by the trial court ..... to a question of law.19. per contra, learned counsel for the respondents argued that proof of title is not germane in a suit for eviction and only privity of contract between landlord and tenant is required to be proved coupled with the grounds of eviction provided under the rajasthan premises (control of rent & eviction) act, 1950 (in short the act .....

Tag this Judgment!

Aug 11 1972 (HC)

Mst. Kamala Devi Vs. NavIn Kumar and anr.

Court : Rajasthan

Reported in : (1972)IILLJ585Raj; 1972()WLN541

..... following clause :--'the company may at its own option (a) arrange for representation at any inquest or fatal inquiry in respect of any death which may be the subject of indemnity under this section and (b), undertake the defence of proceedings in any court of law in respect of any act or alleged offence causing or relating to any event which ..... may be the subject of indemnity under this section'.from the above clause it is clear that the company has reserved the right to defend the action in the name of the assured.7. i accordingly ..... policy, being one of the following conditions, namely (i) a condition excluding the use of vehicle--(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organized racing and speed testing, or(c) for a purpose not allowed ..... being carried in the vehicle;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, ............... compensation can be claimed in respect of file death of or bodily injury to employees including driver not exceeding six in number, being carried in the vehicle.5 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //