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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 3 of about 943 results (0.019 seconds)

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 .....

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Oct 05 1950 (HC)

Madholal Vs. Bridhichand

Court : Rajasthan

Reported in : AIR1951Raj58

..... learned counsel for the applicant also. he has, however, argued that the learned civil judge did not at all apply his mind to the provisions of sections 192 and 193, contract act, and consequently acted illegally in the exercise of his jurisdiction. from a careful reading of the judgment, i find that the learned civil judge has not at all considered ..... privity of contrast between the parties. the applicant was only a sub agent of laxami narain who was in the position of an agent of the plaintiff. under section 192, contract act, where a sub-agent is properly appointed, he is responsible for his acts to the agent, but not to the principal, except in case of fraud or wilful wrong ..... with interest at the rate of re 1% per mensem. the total amount claimed was rs. 193-7-6.2. the main defence was that there was no privity of contract between the plaintiff and the defendant. the learned munsif karauli held this point in favour of the defendant and dismissed the suit. on appeal, the learned civil judge held that .....

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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 .....

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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 .....

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Apr 29 1999 (HC)

Rajasthan Housing Board Vs. Engineering Projects (India) Ltd. and anr.

Court : Rajasthan

Reported in : AIR2000Raj200; 2000(2)WLN56

..... order. a combinedlook of the mou demonstrates that the parties had entered into written agreement with the intention that the dispute arising under the contract were to be resolved through arbitration. the illegal conditions and clauses of article 14 of the mou can be ignored and the provisions of ..... the mou it becomes evident that the parties had entered into a written agreement. the parties had clearly intended that the disputes arising under the contract were to be resolved through arbitration. since clause 57 of the mou does not provide that such disputes would be decided only by the competent ..... any bearing in respect of the proceedings initiated before the respondent no. 2. the par ties had clearly intended that the disputes arising under the contracts were to be resolved through arbitration. since article 57 of the mou does not provide that such disputes would be decided only by the competent ..... combined reading of articles 14 and 57 of the mou makes it abundantly clear that the parties had clearlyintended that the disputes arising under the contract could be adjudicated upon only by the competent court. it was further urged that the court below committed jurisdictional error in holding that the ..... not apply and also provides for an appeal against the decision taken by the arbitrator appointed thereunder is neither hit by section 28 of the contract act nor is it in conflict with the provisions of section 47 of the arbitration act.l) the arbitration proceedings are immune from the .....

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Dec 11 2001 (HC)

Bharat Construction Company Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2002(4)WLN294

..... unfair.20. in the aforesaid background it is considered that it would not be necessary to go into the nieceties of the award of the contract. these matters are better left to the specilised persons who are there with the department and the court who has insufficient accumen to handle such ..... an overwhelming public interest in entertaining the petition, the court should intervene.13. it has been emphasised that when the decision making process is of public contracts, it should not be lightly interfered with by the courts. he has also placed reliance on a decision of the supreme court reported in 1989 suppl. ..... under article 226 in disputes between two rival tenderers.12. when a petition is filed as a public interest litigation challenging the award of a contract by the state or any public body to a particular tenderer, the court must satisfy itself that the party which has brought the litigation is ..... the petitioner. this is not for the first time that the petitioner has not been given personal hearing by the department. in the award of contracts in past the petitioner had participated. there had been no occasion when the petitioner was heard.12. learned counsel for the respondent has also placed ..... in the action of the federation.35. it is true that mere issuance of letter of intent may not be equated with a case where contract has been concluded between the parties but nonetheless on imperfect or incholate right had been conferred on the petitioner. the peculiar facts of this case .....

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Feb 15 1974 (HC)

State of Rajasthan and anr. Vs. Kamalsingh and ors.

Court : Rajasthan

Reported in : 1974WLN(UC)272

..... which is due to his own neglect. the loss to the defedants could have been ascertained only if the divisional forest officer had resold the contract for the remaining period. i am therefore of the opinion that the state of rajasthan had failed to prove that it suffered any loss on ..... was given to the plaintiff but even then the amount of instalments was not deposited. the divisional forest officer acting under this rule cancelled the contract. the learned additional district judge after referring to rule 19 ignored it by saying that it was a general rule and cannot be applied in ..... issued notice to the plaintiff to deposit the balance of the contract money and he was also threatened that in case of failure to deposit the amount proceedings under the rajasthan land revenue act would be initiated to ..... deposit the third instalment of rs. 7501/- on plaintiff's failure to deposit the two instalments, on due dates, the divisional forest officer cancelled the contract on 7.6.65 and preheated the plaintiff from collecting gum produce for the remaining period ending on 30.9.65. the divisional forest officer thereafter ..... , baran, dated 8.11.71 in a suit for damages and permanent injunction.2. the state of rajasthan through its divisional forest officer auctioned the contract of extracting gum produce from the forest of the range chhipabarod. district (sic) for the year 1964-65. the highest bid of rs. 22501/- .....

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Aug 30 2007 (HC)

Jodhpur City Bus Owners Union Vs. State of Raj. and ors.

Court : Rajasthan

Reported in : RLW2008(1)Raj517

..... change in law of state transport by amending motor vehicles act in 1988 only apprehension of the petition that the regional transport officer may grant permit liberally to operators having contract with the respondentcompanies is not of any significance. in view of the above reasons, the judgment of the hon'ble supreme court relied upon by the learned counsel for the ..... negatives by the state as well as by the document placed on record by the petitioner themselves. the petitioners did not point out any provisions of law under which the contract of providing better facilities to the passengers traveling in the stage carriages is forbidden by law. it is true that in the document of the respondent-company referred above itself ..... section 99 of the act of 1988, is not prescribing the quality of bus alone. the contract of providing services by the companies constituted by the state and established by the local bodies is a contract between permit holders and the companies and are not contract with the state or transport authority. there are several factors which can be considered by the state .....

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Feb 09 1996 (HC)

State of Rajasthan and ors. Vs. G.S. Atwal and Co.

Court : Rajasthan

Reported in : AIR1996Raj170; 1996WLC(Raj)UC676

..... appoint any arbitrator unless the arbitrator refused or neglected to enter upon reference. it was further observed that in absence of any named arbitrator it would be open to the contracting parties to agree for appointment of an arbitrator by agreement even after the proceedings were led in the court under section 20 of the act. in absence of any such ..... to appoint arbitrator who has not actually been appointed but for whose appointment adequate provision has been made and the feasibility of appointing arbitrator according to the terms of the contract should be considered. 14. shri mehta, learned counsel for the respondent has controverted the contentions advanced by the learned counsel for the petitioner and has supported the impugned order against ..... the matter of chandra bhan harbhajan lal v. state of punjab, air 1977 sc 1210 (supra), the question which had arisen was in respect of an arbitration clause in a contract for construction work which provided that in the matter of a dispute the case shall be referred to settlement committee consisting of authorised officer named therein since the dispute had ..... matter constituting a total claim of rs. 50,000/- or above, whether its decision has been otherwise provided for and whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly, terminated and as regards the right or obligation of the parties as the result of such termination shall be referred for adjudication to .....

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Apr 22 1954 (HC)

Milap Chand Vs. Dwarka Das

Court : Rajasthan

Reported in : AIR1954Raj252

..... with a particular matter, the special excludes the general. these considerations, however, do not apply to section 105. transfer of property act, and section 37, contract act. the two provisions do not deal ,with the same matter. there is nothing in section 105, transfer of property act, as to excusing or ..... . it was held by the supreme court that both these sections dealt with the question of contribution, but section 43 was a provision dealing with contracts generally, while section 82 applied to mortgages. as the right to contribution arose in that case under a mortgage section 82 was held to exclude ..... 8 of the impugned act create a repugnancy with section 105 or section 108(1), transfer of property act, in view of the provisions of section 37, contract act, which clearly envisages interference with agreement by validly made law. 13. our attention was drawn to -- 'kedar lal v. hari lal', air 1952 ..... the provisions of the transfer of property act which is a special act. we are of opinion that there is no question of section 37, contract act, overriding the provisions of section 105 or section 108(1), transfer of property act. section 37 must be read as supplementary to the provisions ..... was passed. the contentionof the applicant is that certain provisions of the act are repugnant to certain sections of the transfer of property act and the contract act which were extended to rajasthan by the part b states (laws) act (3 of 1951), and also to certain sections of the civil procedure code .....

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