Court : Rajasthan
Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41
..... 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 re-booking the aforesaid consignment and, therefore, the appellant claimed cost of ..... 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 ..... 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 ..... sender to 'self' when therailway receipts have been lost, delivery may be granted only when the person claiming the consignment produces a stamped indemnity note signed by the sender and countersigned by the station master of the forwarding station. the name stamp of the forwarding station must be ..... 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 toss, destruction, damage, deterioration or non-delivery of goods carried by rail way within a period .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj192
..... which the receiver was appointed', the above passage also shows that the lessee in case of premature annulment or determination of the lease was entitled to indemnity. even if we act on the proposition laid down in the above passage, we shall have to determine the amount of compensation which may be pnyable ..... in the matter of management of the property under the custody of the receiver. it must always be left to a receiver to enter into a contract after due care and attention. the receiver may seek guidance and may ask for sanction of the court. this the receiver does in order to absolve ..... the disputed property may often be a laborious process involving the realization of rents and profits, looking after the repairs and even managing business and entering into contracts. a court of law is not expected to do all these things, except through the agent by conferring on him such powers as it may deem ..... surendra keshub roy v. doorgasoondery dosee, ilr 15 cal 253 that: 'a court has complete power to enforce summarily a contract made by it when managing or administering an estate, whatever that contract maybe'. this can even be done after the case has been dismissed. we may point out that there is a great ..... management of the property and a case in which it is taking any action summarily in breach of such contract. in our opinion,in the present case, if any action is taken underclause 7 bf the contract, it would only be in conformity with it and not after annulling it. 12. we have carefully .....Tag this Judgment!
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!
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!
Court : Rajasthan
Reported in : AIR1960Raj296
..... into the suit transactions or whether their interest was limited to their commission agency charges and certain out of pocket expenses or their right of indemnity against the principals in the event of loss. if the answer to the last-mentioned test is that the defendants had no personal interest of ..... to ascertain the real intention of the parties, the court may well scan the surrounding circumstances of the case and can even go behind a written contract. (after discussing the evidence, (paras 16a-18) his lordship proceeded.)i am prepared to concede that the suit transactions were highly speculative; but speculation ..... characterised in common parlance; but even so they cannot be struct down as being of a wagering character within the weaning of section 30 of the contract act. again, generally speaking, and in the absence of special law, the position as respects suits brought by an agent or a broker to ..... where the business is done through a commission agent, ,it may be said possibly that the defendant's intention was to gamble, nevertheless, the contracts cannot be condemned as being violative of section 30 for the reason that evidence would be lacking as to the original intention of such third parties ..... of the cotton seeds purchased or sold should ever be given or taken (and none indeed was ever so given or taken), that all the contracts were squared up before the due dates, that the defendants being pucca adatias, their position was virtually that of principles and not of, agents and .....Tag this Judgment!
Court : Rajasthan
Reported in : II(1997)ACC37; 1999ACJ193; 1997(3)WLC434
..... to him in the relations of a 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.(3) nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of ..... had no contractual relations with the board as he was engaged by mangilal who was a subcontractor. it was canvassed that the court below unnecessarily invoked the provisions contained in contract labour (regulation and abolition) act, 1970 (for short 'act of 1970'). the commissioner did not care to frame the issues properly and awarded such compensation which was not claimed by ..... leg was completely amputated, therefore he became unfit to do any work. manohar claimed rs. 42,000 as compensation. in the reply shiv dutt stated that he gave the sub-contract to mangilal. thus mangilal was also impleaded in the claim petition. shiv dutt has further stated that manohar was assigned the work of whitewashing in the corridor but he himself ..... compass. respondent no. 1 (for short 'manohar') initiated proceedings under section 10 of the act before the commissioner stating therein that respondent no. 2 (for short 'shiv dutt') got the contract of whitewashing from the appellant (for short the 'board') and engaged workers. on 2.12.1993 manohar fell down while whitewashing the top floor of the building as a result .....Tag this Judgment!
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!
Court : Rajasthan
Reported in : (2000)ILLJ140Raj
..... section he shall be entitled to be indemnified by any person standing to him in pensation 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.(3) nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of ..... 12 of the workmen's compensation act, 1923, it was necessary for the appellants to show that the contractor who had employed the deceased ladu was a person to whom contract had been given by the respondent in terms of section 12 of the workmen's compensation act, 1923. the learned counsel for the appellant has submitted that respondent's witness ..... in section 12 of the act the respondent would be liable to pay the compensation of the appellants-claimants.11. section 12 of the workmen's compensation act reads -'12. contracting (1) where any person (hereinafter in this section referred as the principal) in the course of or for the purposes of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work .....Tag this Judgment!
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!
Court : Rajasthan
Reported in : AIR1963Raj162
..... delivery of the goods may, at the discretion of the railway company, be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company'. p paid the freight. the railway receipt was endorsed by p in favour of a third party. it was ..... clearly distinguishable on facts and do not render any substantial assistance to mr. agarwal. in the first case it was held that: 'where under a contract the seller of goods is required to deliver them at the buyer's premises he fulfils his obligation if he delivers them there to a person who ..... the railway receipt to the consignee the only remedy of the endorsee being against the endorser; (3) p did not unconditionally appropriate the goods to the contract for sale but reserved the right of disposal, in so far as he obtained the railway receipt in respect of the goods in his own favour as ..... on law advanced by mr. agarwal has not been made out. no evidence has been led to show that the goods were ever unconditionally appropriated to the contract. on the other hand, the facts proved, on the record clearly negative any such appropriation. the fact that the plaintiffs consigned the goods in their own ..... of negligence and the burden of disproving negligence lies on the bailee and further this burden also lies on the railway administration in the absence of a contract to the contrary; (3) the word 'loss' appearing in section 72 of the indian railways act must be given the wider meaning so as to .....Tag this Judgment!