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 .....Tag this Judgment!
Court : Rajasthan
Reported in : 2009(3)WLN170
..... 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 ..... claimants in case the contractor fails to pay compensation. depending upon the terms of the contract, the principal employer has been given liberty to recover such compensation from the contractor and sub-section (2), therefore, talks of the principal employer ..... of employment is joint and several of the contractor as well as principal employer in case where the work in question has been given on contract to a particular contractor. the liability to pay compensation has been extended upto the principal employer also in order to avoid hardship to the ..... , the principal employer i.e. railways would be liable to pay said compensation as the appellant-contractor was merely a contractor executing the said works contract for the railways and therefore, on the death of the workman, the said principal employer would be liable to pay such compensation. he however, ..... of death of her son mukhtyar hussain alias guddu while he was working on 28.07.1988 as workman in the course of execution of works contract by the appellant-contractor for the railways.2. the claimants lodged a claim of rs. 6,32,000/- before the compensation commissioner and after .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1970Raj1
..... of sales tax, madhya pradesh in which a similar question was involved. the view taken was that for supply ofpacking material, there was an implied contract for the sale of packing material and that the mere fact that the price of packing material was not fixed makes no difference to the assessment ..... 2scr167 and observed as follows :-- 'from the facts of the said case it would appear that the ratio of the case is that in a works contract, where packing material is used and where there is no specific agreement to transfer the packing material, the test to determine whether there was a sale ..... vests in the owner of the cotton on payment of a consolidated price and the vesting is not accession, then it can only be under an implied contract of sale of the material. 43. the madhya pradesh high court again considered this matter in the nimar cotton press factory v. commissioner of sales ..... assessment by its order dated 17th february, 1964 taking the view that the gunny bags and iron hoops were delivered as a part of the consolidated contract for pressing and baling of cotton. the assessing authority filed an application under section 15 of the rajasthan sales tax act (hereinafter called the act ..... property passes it does not pass for a price.' 19. these observations, it is contended, apply with greater emphasis to a case where the contract is simply a contract for supply of goods. 20. learned counsel on behalf of the department, however, relied on: mohanlal jogani rice and atta mills v. state .....Tag this Judgment!
Court : Rajasthan
Reported in : 132STC489(Raj)
..... arose of somewhat like nature in respect of sale of cigarettes. the cigarettes were sold packed in packets of cardboard and dealwood. no express contract of sale of packing material between the assessee and its customers was there. the tobacco and its products were exempted from sales tax during ..... missing, it cannot he construed as a transaction of sale. the concept of agreement brought into consideration of the relevant ingredients of the valid contract which included free consent of the parties, the intention to transfer the property in specific goods discloses the integral link between the agreement and ..... expression tax on- (i) transfer for consideration of controlled commodities ; (ii) the transfer of property in goods involved in the execution of a works contract ; (iii) delivery of goods on hire purchase or any system of payment by instalments ; (iv) transfer of the right to use any goods for ..... the meaning of the sale of goods act. since it needs free consent by the parties to the agreement to bring into existence a valid contract, the transactions which were compelled under the various control orders under the essential commodities act were also held to be outside the purview of ..... , it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods, which presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. unless .....Tag this Judgment!
Court : Rajasthan Jodhpur
..... .e., in dresser rand s.a. s case (supra), relates to foreign awards (recognition and enforcement) act (no.45 of 1961) and not a general contract under the indian contract act or a contract entered into by the state or its instrumentality under article 299 of the constitution. therefore, in the backdrop of the facts and circumstances of the instant case ..... not have, been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a . period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; (e) not have a ..... corporation ltd.) on the other hand contended that no arbitration agreement had been executed between the parties and the correspondence between the parties did not bring about any enforceable contract between the parties, because the fundamental conditions of the terms of the bargain were neither agreed upon nor fulfilled by the parties. this court accepted the contention by ..... , relying on same, the respondent has pleaded that rejection of technical bid of the petitioner was a just decision warranting no interference. highlighting its credentials to win the contract, fourth respondent has pleaded in the return that entire process was transparent and fair and on objective evaluation of technical bid it has been declared qualified for opening of .....Tag this Judgment!
Court : Rajasthan
Reported in : 1968WLN285
..... vii sales tax cases 486 in which a similar question was involved. the view taken was that for supply of packing material, there was an implied contract for the sale of packing material and that the mere fact that the price of packing material was not fixed makes difference to the assessment of ..... in the owner of the cotton or payment of a consolidated price and the vesting is not accession, then it can only be under an implied contract of sale of the material.44. the madhya pradesh high court again considered this matter in the nimar cotton press factory v. commissioner of sales tax ..... assessment by its order dated 17th february, 1964 taking the view that the gunny bags and iron hoops were delivered as a part of the consolidated contract for pressing and baling of cotton. the assessing authority filed an application under section 15 of the rajasthan sales tax act (hereinafter called the act) ..... though property passes it does not pass for a price.22. these observations, it is contended, apply with greater emphasis to a case where the contract is simply a contract for supply of goods.23. learned counsel on behalf of the department, however, relied oh : mohan'al jogani rice and atta mills v. ..... turnover from sale of goods liable to tax under the sales tax acts, there must be concurrence of four elements in the sale'- (1) parties competent to contract; (2) mutual assent of the parties; (3) thing absolute or general, property in which is transferred from the seller to the buyer; and (4) .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... the dispute of any kind whatsoever arrived at between non- government recognized affiliated aided colleges not maintained by the government and a member of its teaching staff. the contract means the contract of employment of teacher in non-government recognized affiliated aided colleges not maintained by the government, which includes or has to include service conditions of teacher. any dispute ..... government recognized affiliated aided colleges, is to be given to the teacher and a copy thereof is to be lodged with the university of rajasthan. the proforma of agreement/contract provided under ordinance 68 of the ordinances is for the guidance of the non-government recognized affiliated aided colleges not maintained by the government of rajasthan but service conditions are ..... with respect to all the employees of an aided institution shall not be less than those prescribed for the staff belonging to similar categories in government institutions.(2) notwithstanding any contract to the contrary, the salary of an employee of a recognized institution, for any period after the commencement of this act, shall be paid to him by the ..... is between the affiliated college and its employee/teacher and the government cannot be bound by such agreement and cannot be saddled with financial liability. this is a bilateral contract between the college and its employee/teachers because of the affiliation with the university. by this no mandamus can be issued against the government to accept the same.40. .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1971Raj128
..... 2-5-45 became void on the coming into force of the constitution. the plaintiff-company can be granted relief under section 65 of the contract act on the basis of this plea. 32. the learned additional advocate general next relied on the following observations made in :-- 'where further facts ..... court, their lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restore what he received thereunder.'29. in firm sriniwas ram v. mahabir prasad : ..... of the company it was contended that the state is estopped from taking these pleas as it furnished material for determining compensation under section 65, contract act, without raising any such objection and also took adjournments for the purpose. we are of the opinion that it is open to the ..... the company derived benefit in the shape of quarrying and removing stone from the mines after the agreement became void. under section 65 of the contract act the company is bound to make compensation for it to the state. similarly the company continued to make payments due under the agreement under ..... the constitution these laws continued to operate as existing laws at the date of the commencement of the constitution. therefore, under the law of contract, the liabilities of the dholpur state devolved on the united state of rajasthan, and then on the present state of rajasthan when the constitution came .....Tag this Judgment!