Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 6 of about 943 results (0.019 seconds)

Oct 28 1961 (HC)

Firm Shah Chandanmal Fatehraj and ors. Vs. Hazarilal

Court : Rajasthan

Reported in : AIR1962Raj122

..... authorities and section 49 of the indian contract act, their lordships observed as follows:'their lordships do not think that in this state of the authorities it is possible to accede to the present ..... referred to dhunjisha nusserwanjee v. a. b. forde, ilr 11 bom 649; in which it was held that:''in the absence of stipulation in the contract itself, the intention of the parties to it was to guide the court in determining the place of its performance.'25. then, referring to certain other ..... payment of money is the place where the buyer resides. the court of that place has therefore jurisdiction to try a suit arising out of such a contract. in this connection the following decisions may also be referred to:venkatachalam v. rajaballi, air 1935 mad 663 (fb); jagdish prosad v. produce exchange ..... indore. the fact that they were actually paid at jodhpur under instructions of the indore firm does not indicate, ............ that it was part of the contract to do so at jodhpur. the indore firm may have, for instance, on the occurrence of losses, arranged with any bank at jodhpur to receive payment ..... an expectation of profits though lossses might occur. the payment of profits to defendant or losses to plaintiffs must be deemed to be part of the contract of agency. as no specific terms have been alleged to have been settled between the parties, the general law will apply in deciding the place .....

Tag this Judgment!

May 26 1994 (HC)

Smt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market, Pali

Court : Rajasthan

Reported in : AIR1994Raj259

..... the present case, the plaintiff-respondent had already pleaded in reply to the plaint that he is ready and willing to perform his part of the contract. the plaintiff-respondent had also given a registered notice (ex. 6) calling upon the defendant-appellant to execute the registered sale-deed after receiving the ..... relief act, 1963. according to me, the effect of presumption to the facts the party coming to the court for specific performance of the contract for sale of immovable property need not prove anything until other side has removed(rebutted) the presumption. in the present case, the defendant-appellant ..... learned counsel for the defendant-appellant, in view of the specification of a sum of rs. 20,000/- to be paid for breach of contract on the part of the defendant-appellant, the learned district judge ought to have awarded rs. 20,000/- to the plaintiff-respondent instead of passing ..... original agreement to sell dated 26-1-78 wherein there is a clear stipulation that in case, the defendant-appellantfailed to perform her part of the contract then she will return rs. 10,000/- paid to her as earnest money from the plaintiff-respondent along with further rs. 10,000/ - ..... to the plaintiff-respondent. there is further stipulation in the aforesaid agreement between the parties that in case, the plaintiff-respondent commits brech of contract then the defendant-appellant would forfeit amount of earnest money advanced to her. it is pertinent to mention here that the amount to spent in .....

Tag this Judgment!

Jul 03 1996 (HC)

Administrator, Krishi Upaj Mandi Samiti Vs. Gauri Shanker

Court : Rajasthan

Reported in : (1998)IIILLJ1272Raj; 1996(2)WLN181

..... vested in him. he has power under this section only for the purpose of enforcement of the payment of wages already agreed upon as per the contract and not for the purpose of makingpayment on the principle of 'equal pay for equal work'. the learned district judge, therefore, committed material illegality ..... section 2(vi) of the payment of wages act the authority under that act has the jurisdiction to decide what actually the terms of the contract between the parties were, that is to say, to determine the actual wages of the employees but it had no jurisdiction to determine the question ..... which can fall within the ambit of section 15(2). when the definition of wages was expanded to include cases of sums payable under a contract, instrument or a law it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have ..... that wouldnot, in our opinion, be a matter within the ambitof jurisdiction.' 'the authority had the jurisdiction to decide what actually the terms of the contract between the parties were, that is to say, to determine the actual wages; but the authority has no jurisdiction to determine the question of potential wages ..... on the cadre of monthly rated employee. the supreme court, after considering the scheme of the act, held :'if the parties entered into the contract ofservice, say by correspondence and thecontract is to be determined with reference tothe letters that passed between them, it maybe open to the authority to .....

Tag this Judgment!

Jul 29 1971 (HC)

Deen Bandhu Chaudhary Vs. the Authority Under Payment of Wages Act and ...

Court : Rajasthan

Reported in : 1971WLN381

..... fulfilled, is one such claim which can fall within the ambit of section 15(2). when the definition of wages was expanded to include cases of sums payable under a contract, instrument or law it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have to be inquired into and which ..... imply merely contractual terms of employment and would in the ordinary meaning of that expression include payments which it is the duty of the employer to pay whether under a contract or a statute or an award or settlement. in view of the language of section 10 of the bonus act, and the use of the phrase 'under the terms of ..... of this act shall have effect notwithstanding anything inconsistent therewith contained in other law for the time being in force or in the terms of any award, agreement, settlement or contract or service before the 29th may, 1965.8. learned counsel for the petitioner contends that 'wages' does not include bonus in as much as it is not an additional remuneration ..... employment (whether called a bonus or by any other name)(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum whether with or without deductions, but does not provide for the time within which the payment is to be made .....

Tag this Judgment!

Nov 14 1975 (HC)

Municipal Council Vs. Sita Ram

Court : Rajasthan

Reported in : 1975(8)WLN792

..... (xii) which includes within its ambit a sate for analytic. a sale for analysis must, therefore, be considered as sale even if the transaction contains an element of, impulsion. a contract is brought about by acceptance of a proposal mid by one person to another. the latter is not bound to accept the proposal. it does not, however, necessarily follow hat ..... where the other person has no choice but to accept the proposal, the transaction would not amount to a contract. so when a milk vendor sells to a food inspector milk for analysis, that transaction will be covered by the ambit of the act. the matter is concluded by mangaldas .....

Tag this Judgment!

Apr 30 2007 (HC)

Vijay Kumar Chowrasiya and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2007(4)Raj3238

..... as he was with the enormous increse in the amount of licence fee, wrote a letter dated 1.7.2001 for termination of the contract and the contract was actually terminated on 31.7.2001. he therefore prayed that the respondents be required not only to refund the amount paid in excess ..... . 47,000/- per annum provisionally with the stipulation that the licence fee fixed provisionally would be subject to revision during the tenure of the contract and such revised licence fee will be operative from the commencement of the financial year in which the revision takes place. the division bench of ..... 'in supervision of the instructions contained in para 1 of the board's letter under reference regarding fixation of rent and licence fee for catering contracts, ministry of railways have decided to give new guidelines.16. arguments of the respondents that the writ petition is not maintainable because their exists ..... 2.1.87 has used the words 'supervision' and not the 'supersession' while providing the guidelines for fixation of rent and licence fee for catering contract and that the learned single judge in the judgment has misread the words 'supervision' as 'supersession' and therefore has wrongly taken para 1 of ..... till such time renewal is due.' it was further decided that railways should fix the lump sum licence fee even from the contractors during existing contract which should include element of rent as well as licence fee. thus the two elements were merged into one. the whole dispute is with .....

Tag this Judgment!

Nov 04 1968 (HC)

Smt. Panbai and ors. Vs. Sajjanraj and ors.

Court : Rajasthan

Reported in : AIR1969Raj278; 1968()WLN238

..... khata for rs. 59,500 in favour of all the creditors. the other remedy of the creditors was to bring a suit for damages for breach of contract on the basis of the novated agreement and the amount of damages would be rs. 59,500, which was the debt remaining due to the creditors under ..... 59,500 was maintainable even if all of them had not agreed to join as plaintiffs.12. it is also contended that on the basis of the novated contract dated 22-12-51 only one suit for the whole amount of rs. 59,500 was maintainable against them.13. the terms of the agreement have been ..... . the contention raised on behalf of the appellants that because a khata was not executed they are entitled to repudiate the whole agreement under section 39 of the contract act is not tenable. in union of india v. kishorilal gupta and bros., air 1953 cal 642, it was held that breach of the substituted agreement does ..... am satisfied that the parties intended to substitute a new contract in place of the old one. the agreement dated 22-12-51 does not merely relate to the mode or manner of payment.10. so far as ..... so this question does not present any serious difficulty at this stage.8. the appellate court dismissed the suit on the ground that there was a novation of contract on 22-12-51 and separate suits for the debts remaining due to individual creditors could not be maintained.9. i have read the agreement carefully and i .....

Tag this Judgment!

May 09 1960 (HC)

Hagami Lal Ram Prasad, a Firm and ors. Vs. Bhuralal Ram NaraIn and ors ...

Court : Rajasthan

Reported in : AIR1961Raj52

..... principal.the right to such indemnity, as pointed out earlier, was founded on section 222 of the law of contract. the right to indemnity, which was an incident of the contract of agency was not hit by the provisions of the second order at all and was a matter which ..... 1943 when the order in question stood repealed. besides the suit is really not one to enforce any contract relating to purchase or sale of cotton within the prohibition of the above notification or order. it is a suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions of the ..... . we hold that in the circumstances of this case, section 30-b of the mewar contract act, 1942 was no bar to the plaintiffs' claim. where the principal contracts themselves have not been established to be of wagering nature, there can be no question of collateral contracts whether of indemnity or otherwise to be assailed on that footing.21. lastly, the learned judge appears ..... to have thought that the transactions were hit by the indian cotton (forward contracts and options prohibition) order, 1943 which is said to have been in force at the .....

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!

Dec 13 2001 (HC)

Rajendra Textiles Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Reported in : RLW2003(1)Raj546

..... .7.1986. the station master of railways, hindaun city informed the appellant that the consignment had been re-booked to idgah railway station vide pwb no. 567377 on execution of indemnity bond, whereas appellant had never given instructions to the railway administration for rebooking the aforesaid consignment and, therefore, the appellant claimed cost of goods, interest at the rate of 18 ..... under:-'77. responsibility of a railway administration after termination of transit.--(1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of seven days after the termination of transit ..... that sub-section (1) of section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such loss etc. has occurred within a period of 7 days after the ..... person unauthorisedly impersonating himself to be a partner of the appellant firm. the tribunal categorically reached to the finding while deciding issue no. 2 that goods were re- booked on indemnity bond filed by unauthorised person who impersonated himself to be partner of appellant firm. thus, railway was under legal obligation to keep the goods intact at least for a period .....

Tag this Judgment!


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