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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 5 of about 943 results (0.019 seconds)

May 26 1994 (HC)

Smt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market

Court : Rajasthan

Reported in : 1994(2)WLN98

..... written statement that the defendant-appellant was not required to obtain any certificate from the income-tax department and she denied of having committed breach of contract. it was asserted by her in her statement that the plaintiff-respondent had no fund to the extent of rs. 60,000/- on 15.6 ..... to the plaintiff-respondent. there is further stipulation in the aforesaid agreement between the parties that in case, the plaintiff- respondent commits breach of contract then the defendant-appellant would forfeit amount of earnest money advanced to tier. it is pertinent to mention here that the amount to spent in getting ..... sale-deed by 10.4.78. it is stipulated in the aforesaid agreement between the parties that in case, the defendant-appellant commits breach of contract then she would return rs. 10,000/- received by her as earnest-money and would also pay rs. 10,000/- by way of damages ..... of district judge, pali for specific performance of contract executed between the parties (ex.3) on 26.1.78 on the ground inter alia, that the defendant-appellant agreed to sell her house for ..... by the learned district judge, pali whereby he decreed the civil original suit no. 12/78 filled by the plaintiff-respondent for specific performance of contract dated 26.1.78.2. put the facts briefly are as follows--the plaintiff-respondent filed a suit against the defendant-appellant in the court .....

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Aug 30 1973 (HC)

Pakharsingh Vs. Kishansingh

Court : Rajasthan

Reported in : AIR1974Raj112; 1973()WLN630

..... . burjorji dhunjibhai, air 1915 pc 83:-- 'under that law equity, which governs the rights of the parties in cases of specific performance of contracts to sell real estate, looks not at the letter but at the substance of the agreement in order to ascertain whether the parties, notwithstanding that ..... they again fixed a time in the second agreement. that sufficiently indicates that both the parties intended time to be the essence of the contract the learned counsel further contends that the fact that both the agreements contain a default clause to the effect that if the purchaser did not ..... registration of the sale-deed was to be completed leads to the inference that the time was the essence of the contract. he further contends that in the first agreement the parties thought it necessary to specify the time and after that agreement was superseded by ..... mr. h. m. parikh, the learned advocate for the defendant-appellant, contends that, in the present case, time was the essence of the contract. he read out to me the two agreements exhibit 1 and exhibit 2. according to him, the stipulation fixing a particular date or time before the ..... first appeal bythe defendant pakharsingh is directedagainst the judgment pf the additionaldistrict judge, sri ganganagar, decreeing the plaintiff's suit for specific performance of the contract. the defendant-appellant pakharsingh was the owner of the agricultural land measuring 91/2 bighas situate in village chak no. 1-kk fully described in para .....

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Feb 08 1970 (HC)

Ramdeo and ors. Vs. Firm Birdhichand Sumermal and ors.

Court : Rajasthan

Reported in : 1970WLN133

..... or defendant, shall be implied in his pleading.we are of opinion that readiness and willingness of the plaintiff to perform his part of the contract being a condition precedent is necessarily implied and it is for the defendant, if he contests that fact, to raise the matter expressly in ..... the alleged usage, delivery could be given after poonam, between badi 1 and badi 6 of the succeeding month, it is inconsistent with the written contract and evidence in respect of such usage is inadmissible. this argument is untenable. in this connection, we may refer to the following passages in the ..... some of his findings on the evidence which was produced in another suit-filed by ramdeo and others against messrs. jain gommercial company wherein similar contracts of purchase of 1120 bales of bardana of mah sudi poonam waida were involved. one of the partners of messrs. jain commercial company was ..... in the written statement of the earlier suit, messrs birdhichand sumermal and its partnters alleged that they kept the goods which ramdeo and others had contracted to purchase and when the latter did not take delivery despite repeated requests, they sold the goods at a loss. a sum of rs. ..... dated 29th september, 1958.2. briefly put the facts relevant to the controversy which now remains between the parties, are that ramdeo and others entered into contracts for the forward purchase of 600 bales of bardana (gunny bags) of mah sudi poonam delivery (waida) with the firm messrs. birdhichand sumermal on .....

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Jan 04 2000 (HC)

Municipal Board and anr. Vs. Salim Khan and anr.

Court : Rajasthan

Reported in : [2000(86)FLR793]; (2000)IILLJ696Raj; 2000(2)WLC516

..... , 1972, it follows as a legal corollary thereto that notwithstanding any order having been passed by the municipality with reference to its gratuity rules, 1969 or in any instrument of contract having effect, yet by virtue of provisions of section 14 of the act, 1972, it will have overriding effect thereto, inasmuch as nothing inconsistent or repugnant to the scheme on ..... the provisions of state enactment because its section 14 makes it explicitly clear that 'notwithstanding anything inconsistent therewith contained in any enactment over this act or in any instrument of contract having effect by virtue of any enactment', provisions of this act shall prevail over it. thus viewed, the act, 1972 by virtue of its section 14, will have overriding effect ..... etc. - the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment over this act or in any instrument of contract having effect by virtue of any enactment over this act.' as per scheme of the act, 1972 being central legislation, in its preamble, it is clearly laid down that its .....

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Oct 18 1974 (HC)

Yash Deva Vs. Mayo College

Court : Rajasthan

Reported in : 1974WLN903

..... )(i) to (ii):to decide the controvery, it may be useful to reproduce the relevant portion of section 13:eviction of tenant : (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or mike any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as be .....

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May 06 2008 (HC)

Sohan Lal Pungaliya Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 2008(3)WLN272

..... in not completing the work in time. there was no referable dispute to arbitrator. thus, the application is not sustainable. it was also stated that under the provisions of the contract only railway personnel could be appointed as an arbitrator. learned counsel for the respondent placed reliance on the decision given in the case of union of india v. krishna kumar ..... from the responsibility arising out of the contract. it was urged that as the appointment of arbitrator has not been made, therefore, now they have abondoned their all rights to proceed with the matter. learned counsel for ..... 5. learned counsel for the applicant stated that before filing application for appointment of independent arbitrator, the applicant had moved to the concerned authority under the relevant provisions of the contract to appoint arbitrator but no heed was given to his request and reasonable time has elapsed. the concerned authority on the contrary started recovery proceedings on baseless grounds to save ..... to expire as there was inaction on the part of the railways but contrary to that the railways vide its notice dt. 25.01.1997 (annex.9) rescinded the contract with immediate effect and intimated the contractor that as the contractor had failed to discharge the contractual obligations and complete the work within the stipulated time, therefore, as per terms .....

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Oct 10 1974 (HC)

Yash Deva Vs. Mayo College, Ajmer

Court : Rajasthan

Reported in : AIR1975Raj111

..... ) to (ii). 16. to decide the controversy, it may be useful to reproduce the relevant portion of section 13:- 'eviction of tenant: (1) 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 tenant so long as he .....

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Feb 26 1958 (HC)

Chhogalal and ors. Vs. Kanayalal and ors.

Court : Rajasthan

Reported in : AIR1958Raj303

..... as the parties intended cannot by implication affect their rights under the first transaction. we are therefore of opinion that there is no case of novation of contract. 10. we therefore allow the appeal, set aside the decree of the court below and decree the suit for rs. 11,397/- with pendente lite ..... but when that mortgage failed to come into existence owing to a legal defect there could be no question of the plaintiffs intending to make a new contract because of some bond that might have been spelled out of the invalid mortgage deed. we may in this connection refer to mathura mohan saha v. ..... once the mortgage fails to materialise for want of a legal defect i.e. absence of registration, there could in our opinion be no new contract replacing the old contract and extinguishing the old debt. the plaintiffs, according to the defendants' own showing, were agreeable to the extinguishment of the old debt on the ..... 'account stated' and therefore a suit would lie on its basis. 9. this brings us to the next question: whether there was a novation of contract by which the debt of rs. 9900/- was extinguished. now the case of the defendants in this connection was that this debt was extinguished by the ..... of which no suit could lie. it therefore dismissed the suit. on the second point it held that there was no mortgage and no novation of contract extinguishing the debt acknowledged by kanhaiyalal for rs. 9900/-. 5. the contention on behalf of the plaintiffs in this appeal is that the court below was .....

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Jan 04 1984 (HC)

Chatur Bhuj Pokar Ram Vs. the Commercial Taxes Officer

Court : Rajasthan

Reported in : [1984]56STC75(Raj)

..... court has held inter alia :.section 8(3)(b) would therefore clearly cover a case where a registered dealer manufactures or processes goods for a third party on a job-contract and uses in the manufacture or processing of such goods, materials purchased by him against his certificate of registration and the declarations in form c, so long as the manufactured .....

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Sep 10 2004 (HC)

Arnavaz (Anu) (Mrs.) and ors. Vs. Alcobex Metals Ltd. and anr.

Court : Rajasthan

Reported in : 2005CriLJ610; RLW2005(1)Raj43; 2005(1)WLC239

..... the part of the petitioner at the time of making of the promise. it also does not appear to be a case of failure to keep promise or breach of contract by the petitioner. the stand of petitioner herein from the beginning has been that the tubes supplied were defective entailing loss to the company. similarly no offence under section 406 ..... clear enough to indicate that more failure to deliver in breach of an agreement would not amount to cheating but is liable to only a civil action for breach of contract.'9. thus, it clearly emerges that to exercise powers under section 482 cr.p.c., the complaint in its entirety must be examined on the basis of the allegation made ..... filed a money suit for recovery of rs. 32 lakhs in november, 1999 against the complainant company in the court of civil judge (senior division), pune for the breach of contract by the complainant estimated at rs. 50 lakhs adjusting the amount of rs. 17.95 lakhs debited to the complainant company.6. it is submitted by mr. alok sharma learned ..... debiting the cost of re-working on the machines due to defective supply of tubes the parties and no unilateral changes could be effected arbitrarily after the finalization of the contract and execution of the order, particularly in view of the fact that no supplier could ever give a blanket commitment to compensate a customer for any losses without limit which .....

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