Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 4 of about 943 results (0.023 seconds)

May 12 1967 (HC)

Union of India (Uoi) Representing Northern Railway Vs. Firm J.P. Sharm ...

Court : Rajasthan

Reported in : AIR1968Raj99

..... chapter x of russell on arbitration, beginning from page 158, deals with the procedure of actual submission in cases where arbitration is provided in contracts and the reference of arbitration is made out of court. to start with the parties in such cases must deposit the agreement with the arbitrator ..... and also the question whether the defendant was in fact justified in supplying materials to other parties in the territory in question after entering into contract with the plaintiff would vitiate the award.' the learned judges, however, recognised that it is no doubt true that in fit cases and in ..... senior officer of the railway itself and he was next to the general manager and as such he knew the rules and procedure regarding the contracts of porterage and handling. therefore, when no malice had been imputed to the arbitrator the award cannot be set aside. shri vyas submitted ..... judge observed that some claims were specifically reserved in the plaint and the claim put forth before the arbitrator covered the entire period of the contract and all kinds of claims. in the circumstances, according to him, it could not be said that the arbitrator had acted without jurisdiction. ..... required both the parties to submit a joint statement containing factual information and the details of the actual work done during the period of the contract. regarding this the arbitrator gave detailed directions. accordingly both the parties, submitted the joint statement under their signatures on 11-2-63. on .....

Tag this Judgment!

Feb 13 1973 (HC)

The State of Rajasthan Vs. Motiram

Court : Rajasthan

Reported in : AIR1973Raj223; 1973()WLN132

..... . cheong yue steamship co- ltd.. (1926) ac 497 at p. 510 this result is arrived at by putting a iust construction upon the contract in accordance with an 'implication .....from the presumedcommon intention of the parties.'their lordships then observed-'there is no general liberty reserved to the courts ..... turn to the question whether on account of changed circumstances the plaintiff was entitled to increased rates on the basis of quantum meruit even though the contract was not frustrated and it continued to be binding on the parties. in this connection, the learned counsel for the plaintiff strongly placed reliance ..... that under the terms of the agreement the plaintiff is not entitled to enhanced rates.16a. the next question that arises is whether the contract was frustrated on account of subsequent change in the circumstances and uncontemplated turn of events. clause 13 in clear terms lavs down that alterations ..... on the other hand, it is argued on behalf of the plaintiff that because clause 16 is incorporated in 'particular specifications' for the disputed contracts and clause 13 is incorporated in 'general conditions'.the former abrogates the latter so far as it relates to extra or additional items of work ..... , even then they are of no consequence. both these officers were the agents of the government and they were deputed to look after the contract works. they had no authority to give assurance for payment at enhanced rates and this fact was within the knowledge of the plaintiff. no .....

Tag this Judgment!

May 06 1985 (HC)

Sohanlal Basant Kumar Vs. Umraomal Chopra

Court : Rajasthan

Reported in : 1985(1)WLN791

..... requirements contained in section 69(2) ought to be fulfilled if a suit is filed by or on behalf of a firm to enforce a right arising out of a contract, against a third party.40. in purushottam umed bhai & co. v. m/s manilaland sons : [1961]1scr982 , it was held that the provisions of order 30 ..... the suit. under section 69(2) only two conditions should be complied with by a firm in order to file a suit to enforce a right arising from a contract. it was observed in the aforesaid case that the second condition laid down in section 69(2) was also satisfied and the persons suing, i.e. the present ..... v. laxman triabuk and ors. air 1952 nagpur 57, wherein it was held that under section 69(2) no suit to enforce a right arising from a contract can be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have ..... 499 held that two mandatory requirements must be fulfilled before a suit filed by a partnership firm against a third party to enforce a right arising out of a contract could be instituted, namely, that the firm must be a registered firm and persons suing are or have been shown in the register of firms as partners of ..... proper interpretation of the provisions of section 69(2) of the act, which are as under: 69(2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have .....

Tag this Judgment!

Nov 08 1978 (HC)

Bharat Bhawan Nirman Sahkari Samiti Ltd., Jaipur Vs. the State of Raja ...

Court : Rajasthan

Reported in : AIR1979Raj209; 1978(11)WLN517

orderg.m. lodha, j. 1. the petitioner bharat bhawan nirman sahkari samiti ltd. jaipur, has filed this stay petition under section 151 c. p. c. for restraining the respondent no. 1, the state of rajasthan, 2, urban improvement trust, 3. the land acquisition officer and 4. rajasthan housing board, jaipur from interfering in the possession of the petitioner society over khasra nos. 87 and 88 situated in jaipur. 2. the respondents u. i. t. jaipur and rajasthan housing board, hereinafter referred as 'the housing board', have vehemently opposed this stay application on the following grounds: (i) that the disputed land is already in possession of the housing board and, therefore, the application of stay is misconceived. (ii) that the disputed land has been acquired for the work and project of public utility, namely, the construction of a colony under the provisions of the rajasthan housing board act for providing cheap accommodation to the low income group who have got no residential accommodation to live in the city of jaipur. that being so sub-clause (6) of art 226 of the constitution provides a blanket prohibition for grant of any interim order, whether by way of injunction or stay or in any other manner, which will have the effect of delaying action for the execution of work and project of public utility and the acquisition of the disputed property for such execution by the government or any corporation owned or controlled by the government. 3. mr. birmiwal, learned counsel .....

Tag this Judgment!

Oct 12 1968 (HC)

Ladhu Saha and anr. Vs. Champalal and anr.

Court : Rajasthan

Reported in : 1968WLN97

..... (18).on behalf of the appellant, however emphasis laid on the pharse 'whether ascertained or to be asceratained' and is contended that this would cover unliquidated damaes for breach of contract. i do not however consider that by the use of the words' whether ascertained or to be ascertained' the legislature purported to include in the definition of 'debt' liabilities which ..... bom. 276. it was held in that case that although damages are ascertained in the suit the liability is incurred before the institution of the suit when the breach of contract takes place. on behalf of the plaintiffs reliance is placed on the decision of a full bench of the punjab high court in ram lals v. central bank of india ..... not covered by 'debt' as defined in section 2(c) of the rajasthan relief of agricultural indebtedness act 1957.2. the defendants entered into a contract with the plaintiffs for the supply of 85000/- bricks for a price of rs. 1000/- by. chet sudi 15, section 2017 the price was paid in advance. it was stipulated .....

Tag this Judgment!

May 22 2006 (HC)

Bhagwati Enterprises Vs. Rajasthan State Road Transport Corporation an ...

Court : Rajasthan

Reported in : AIR2006Raj233

..... submit bank guarantee and the samples. thereafter pseb appointed arbitrator before whom claim of rs. 48,61,458/- for the alleged breach of contract was made. considering the above facts their lordships of the supreme court held the offer made by iml was subject to their own terms ..... . ltd. air 1934 all 298 it was held that where by the absolute and unequivocal acceptance of an offer a binding contract has come into existence between the parties, the non-execution of a formal document cannot absolve the parties of their engagement.15. in india meters ltd ..... air1951all93 wherein it was observed that theory of offer and acceptance has received statutory recognition in india so that every transaction to be recognised as a contract, must, in its ultimate analysis, resolve itself into a proposal and its absolute and unqualified acceptance.14. in muhammad sultan v. clive insurance co ..... to will in fact go through, the non-execution of such a document will not affect the finality and the binding character of the contract already concluded between them.13. full bench of allahabad high court had occasion to consider the concept of offer and acceptance in deep chandra ..... applicant.4. in preliminary objections raised on behalf of rsrtc it is contended that the application seeking appointment of arbitrator is not maintainable because contract between the applicant-firm and rsrtc has not yet been concluded and no dispute can be alleged by the applicant in regard to the agreement .....

Tag this Judgment!

Mar 25 2010 (HC)

Late Lajpat Rai Through L.Rs. Vs. Late Jorawar Singh Through L.Rs.

Court : Rajasthan

..... be seen except these documents because these documents are sufficient to ascertain that the plaintiff was ready and willing to perform his part of contract and he remained present in the office of the sub registrar as directed by the defendant. therefore, even if the defendant-appellant has ..... been rejected by the trial court and trial court has rightly allowed the suit filed by the plaintiff- respondent for specific performance of contract. therefore, it is submitted that this appeal filed by the defendant-appellant may be dismissed with cost.27. after hearing both the parties ..... the office of the sub registrar. therefore, it is a fit case in which the trial court has rightly granted decree of specific performance of contract against the defendant-appellant.25. in support of aforesaid submissions, learned counsel for the respondents placed reliance upon the following judgments:(1) : air ..... . 8,000/-, therefore, the plaintiff-respondent has proved his case beyond doubt that he was ready and willing to perform his part of contract. learned trial judge accordingly decided issue no. 2 in favour of the plaintiff-respondent.24. learned counsel for the plaintiff-respondent vehemently argued ..... amended cause-title has been filed.3. according to facts of the case, plaintiff-respondent late jorawar singh filed suit for specific performance of contract in the court of district judge, bhilwara stating therein that defendant-appellant lajpat rai entered into an agreement with him for sale of his .....

Tag this Judgment!

Dec 21 1972 (HC)

Firm Ram Bhagat Somani and anr. Vs. Firm Kanhaiyalal Jai NaraIn Tambi

Court : Rajasthan

Reported in : 1972WLN1045

..... it is not easy to reconcile with the ordinary rules of law a construction which enables the promisor to better his position under his contract by neglecting to perform a statutory duty imposed upon him with regard to its performance.after discussing some indian decisions their lordships observed:their lordships ..... of the appellants was rightly overruled.8. their lordships observed:the point, at first sight, appears to be exceedingly short. it is true the contract does not say where messrs. jeetmull are to pay, but it does say, by an implication which is indisputable, that they are to pay messrs ..... company might lose owing to the failure or suspension of payment of constituents. accordingly, one point only arose, namely, whether the part of this contract relating to payment was performable by messrs jeetmul in rangoon. if it was, there was jurisdiction in the court to entertain the suit and the objection ..... incorporated company and had been carried on under a memorandum dated the 10th december, 1911, and signed in calcutta. it is c1.2 of that contract that expressed messrs. jeetmull's obligation to pay in the present case, and it said that messrs jeetmul were to make good any undisputed claims ..... court in firm bilasrai mannalal v. firm purshottam dass sanwaldas and anr. that when the transactions about which the parties had entered into a contract had come to an end the relationship of debtor and creditor was created between them in respect of the amount remaining due from one pan .....

Tag this Judgment!

Dec 19 1977 (HC)

Devi Lal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1977WLN697

..... to sell liquor under the terms and conditions as enumerated in the licences issued in their favour. licences issued under the rajasthan excise act, 1950 have been held to be contracts by hon'ble the supreme court in panna lal & ors us state of rajasthan & ors. air 1975 sc 2098 thus it is clear that what the petitioners intend to enforce ..... is a contractural right. it is the condition of the contract (licence) that they would be entitled to sell country liquor upto march 31, 1978 on the terms and conditions mentioned in the licence the right, if any arising in favour .....

Tag this Judgment!

Feb 01 1979 (HC)

Rajendra Prasad and anr. Vs. Girdharilal

Court : Rajasthan

Reported in : 1979WLN95

..... from him 'through court through execution proceedings'. in these circumstances, in my opinion, the learned district judge was not right in holding that by entering into a compromise a fresh contract of tenancy had arisen or that the existing tenancy was allowed to continue and as such, the judgment-debtor is entitled to relief against forfeiture. as stated above, the consent ..... terms of the appellate decree dated march 6, 1974 that what was intended was to secure regular payment of rent and that by entering into such a compromise, a fresh contract or tenancy had arisen or the existing tenancy was allowed to continue and as such, the judgment-debtor is entitled to relief against forfeiture resulting from his failure to pay .....

Tag this Judgment!


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