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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 9 of about 943 results (0.041 seconds)

Oct 07 1992 (HC)

Vijai Singh Vs. Rajasthan State Road Transport Corpn. Ltd.

Court : Rajasthan

Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577

..... transport's case (supra). the rule was struck down by the supreme court in its land- mark decision where the court declared that any contract of service which is unconscionable, arbitrary or opposed to public policy is liable to be quashed or declared unenforceable on the ground of violation of ..... violation of section 23 of the contract act or article 14 of the constitution.10. the distinction between the government and its corporation came to be virtually obliterated in the decision ..... (1986-ii-llj-171), a new dimension has been added to the ever-growing administrative law in this country. the court declared that a contract of employment can be castigated by the court as arbitrary, unconscionable and opposed to public policy and it can be quashed on the ground of ..... 14 and 16. an argument was raised on behalf of the employer that the conditions of service of temporary employee were governed by the contract of service voluntarily entered by him and if the said terms of service contain a clause that his service was purely temporary and is liable ..... master and servant so far as state, its agencies and instrumentalities are concerned. an employee cannot be bound down by the conditions contained in the contract of employment merely because he accepts those conditions without objection or protest. an argument of similar nature was categorically rejected by the supreme court in manager .....

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Jul 11 1970 (HC)

The State of Rajasthan Vs. the Associated Store Industries Kota Ltd. a ...

Court : Rajasthan

Reported in : 1970WLN398

..... 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.31. the learned additional advocate general next relied on the following observations made in the municipal committee krishengarh ..... , 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 restored what he received there under.28. in firm sriniwas ram v. mahabir prasad ..... mortgage and as to their claim on the personal covenant being statute barred, but they also insisted on their right to relief under section 65, contract act. the appeal was heard exparte. in spite of this however, their lordships cams to the conclusion that the appellants ought not be refused ..... 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 ..... of 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 .....

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Nov 08 1977 (HC)

Har Govind Pant Vs. Chancellor, University of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1978Raj72

..... doing the work; and (d) the master's right of suspension or dismissal. he goes on to say that the particular requirement of a contract of service is the right of the master in some reasonable sense to control the method of doing the work, and that this factor of superintendence ..... in the house of lords under the workmen's compensation act, lord thankerton ((1946) 115 lj pc 41) recapitulates with approval the four indicia of a contract of service derived by the lord justice-clerk from the authorities referred to by him. these are : (a) the master's power of selection of his ..... union government means, the person employed stands to the union government as subordinate. the concept of 'employment' involves three ingredients of employer, employee and the contract of employment. an employee is required to work under and subject to the control and supervision of the employer. the test of the existence of master ..... ):--'... ... ... shortly put, the principle is that when a servant has right to a post or to a rank either under the terms of the contract of employment, express or implied, or under the rules governing the conditions of his service, the termination of the service of such a servant or his ..... or on an officiating basis, is, from the very nature of such employment, itself of a transitory character and, in the absence of any special contract or specific rule regulating the conditions of the service, the implied term of such appointment, under the ordinary law of master and servant, is that .....

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May 09 1974 (HC)

State of Rajasthan Vs. Balmukand

Court : Rajasthan

Reported in : 1974WLN367

..... it is opposed to public policy under section 23 of the act, the parties setting up the plea must prove by clear and satisfactory evidence that the contract was supported by a prohibited consideration. in ghorulal prakash v. mahadeodas maiya and ors. : air1959sc781 subba rao, j speaking for the court, quoted with ..... by a court of law. it is, therefore, not possible to accept the contention of the leraned counsel for the liquor contractors that the contracts entered into either under the guarantee system or under the exclusive privilege system by them with the state government were void and they were opposed to ..... the learned advocate general is that the amount which was being realised from the respondents was not the excise duty at ail but is was the contract amount called the guaranteed amount and it was in the nature of excise revenue as distinguished from excise duty. repeating the argument adopted by the ..... of section 31 of the act cannot be accepted. the excise commissioner was duly authorised to prescribe the form c.l. (1) a and the contract entered into by the petitioners with the state government on the aforesaid form, is not illegal or invalid in any manner.(b) those relating to ..... board of revenue that as chapter viia was introduced in the rules on february 2,1963. the guarantee system envisaged thereby could not govern the contracts prior to it. it was also submitted that forcing the liquor contractors to lift the minimum supply of liquor amounted to their being compelled to .....

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Sep 07 1992 (HC)

H.U. Construction Company and anr. Vs. the State of Raj. and ors.

Court : Rajasthan

Reported in : 1993(1)WLC280; 1992(2)WLN275

..... also on the tehsil head quarters.32. it was further contended that the offer made by the petitioner-association cannot be accepted because the state govt. cannot enter into a contract with its own employees and if it is accepted, that would raise number of complication. the nakedars presently posted at jodhpur may be transferred, on administrative grounds, if any ..... viz., pwd., irrigation, railway and uit etc were also asked to furnish the list of 'a' class contractors, who may be interested in participating in the auction of royally collection contract. out of the list furnished by these departments, 32 persons were sent the copies of the said notification. two persons, shri kalu ram and bachraj bhati personally obtained the copies ..... in auction or to watch the proceedings. it was submitted that in all 49 notices were issued to different persons to intimate them about the auction of the royalty collection contract. in addition to publicity through gazette notification, press publicity was also done and display of notices was made on the notice boards of tehsil, municipal council, uit. and various ..... crores or more and, therefore, the respondents should favour their own fraternity i.e. their own employees who are consistently vigilant about their honesty and working and, therefore, throwing of contract in the lap of a private person clearly demonstrates that the auction authorities have completely lost sight of the possible loss of revenue which otherwise would have been acquired by .....

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Apr 08 2008 (HC)

Cobra Instalaciones Y Servicios, S.A. Vs. Rajasthan Rajya Vidyut Prasa ...

Court : Rajasthan

Reported in : RLW2008(3)Raj2757

..... detriment of public interest. undisputeldy, the legal position which has been firmly established from various decisions of this court, cited at the bar (supra) is that government contracts are highly valuable assets and the court should be prepared to enforce standards of fairness on government in its dealings with tenders and contractors.27. in directorate of education ..... company which constituted state under article 12 of the constitution may be in certain circumstances subject to article 14 of the constitution in entering or not entering into contracts and must be reasonable and taken only upon lawful and relevant consideration, it depends upon facts and circumstances of a particular transaction whether heating is necessary and reasons ..... proforma.(b) ...3.2 to be qualified for award, bidders shall provide satisfactory evidence to the owner of their capability and adequacy of resources to carry out the contract effectively. bids shall include the following information:(a) copies of original documents defining the constitution or legal status, place of registration and principal place of business, written power ..... treatment.(5) whether the respondent has adopted reasonable, just and fair procedure in opening the technical bid as well as price bid and further initiated process to award the contract to m/s. tata projects, hyderabad or. adopted unreasonable, unfair, arbitrary and unjust procedure which has resulted in disqualifying the petitioner-company to participate in the price .....

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Aug 12 2008 (HC)

Promuk Hoffman International Ltd. Vs. State of Rajasthan ors.

Court : Rajasthan

Reported in : RLW2009(1)Raj216

..... on the basis of the judgment of the supreme court it was decided that the principle of natural justice in totality will not apply in contract matters but the principle of reasonableness and fairness will apply. the compliance of the said principle of reasonableness and fairness is reflected from the ..... .in the aforesaid judgment, no law has been laid down that the communication of the reasons is necessary.30. in the present case, the contract will not be governed by any statute. however, the principle of arbitrariness has been inducted by interpreting article 14 of the constitution of india, ..... court of appeal but merely review the manner in which the decision was taken.2. the government or corporation or the government company have freedom of contract but a reasonable, just and fair procedure is to be adopted. the said principles have been referred in ramanna dayaram shetty : (1979)iillj217sc , ..... be made the basis even for withdrawal of the letter of intent. counsel further submits that the intervener company has been rightly awarded the contract.13. i have gone through the record of the writ petition and further considered the rival submissions of counsel for the parties and the intervener ..... was allowed to intervene in the matter. it is also further relevant to mention here that the tender process has not been finalized by awarding contract in favour of the intervener because of the pendency of this writ petition.9. submission of mr. paras kuhad, counsel for the petitioner company, .....

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Mar 08 1988 (HC)

J.K. Synthetics Vs. Municipal Council, Kota

Court : Rajasthan

Reported in : AIR1989Raj51; 1988(2)WLN487

..... best evidence in its possession that the municipal council, kota, had committed breach of the agreement. it also held that the plaintiff-company had not produced any bill or the contract form with its customers in order to show that what was sold to the customers was only nylon thread and not the cops and further that there was condition in ..... the contract with the customers that they will return the cops to the plaintiff-company. thus, the plaintiff-company failed to establish that it did not charge any price of the cops .....

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Dec 09 1970 (HC)

Municipal Council, Udaipur and anr. Vs. Kishan Lal and ors.

Court : Rajasthan

Reported in : AIR1971Raj202; 1970(3)WLN697

..... to the well-known decision in sharpington v. fulham guardians, 1904-2 ch 449. there the guardians for the parish of fulham entered into a contract with the plaintiff for the execution of certain works consisting of altering and adding to an, old mansion-house, for the purpose of carrying out their ..... section that private acts should be kept outside its purview. it would follow that it would not be permissible for us to hold that all contracts must be excluded from the ambit of the section,, irrespective of their nature. in restricting its scope to acts 'done or purporting to have been ..... be considerable difficulty in holding that the word 'act' in section 192, district boards act, includes all cases of mere omission to perform a private contract, even though not amounting to an illegal omission within the meaning of section 4, general clauses act.'a similar view has been taken in 1965 all ..... before a division bench of this court. the learned judges examined the argument regarding the applicability of section 271 of the act to suits based on contracts, and referred to the view expressed by another division bench of this court in municipal board, bhilwara v. bhuralal. 1964 raj lw 504 that ..... plaintiffs' committee.relying on the aforesaid talk with defendant no. 2 and the resolution, the plaintiffs' committee got the debris removed by giving out a contract for the purpose. the debris was removed by october 4, 1958, and the plaintiffs altogether spent rs. 4,287/- for the work. they asked .....

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Apr 06 1965 (HC)

Nandan Bhargava Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : (1967)IILLJ327Raj

..... following that enquiry the services are dispensed with in accordance with the contract or the specific service ruin (e g,, rule 6 in this case) would not mean that the termination of service amounted to infliction of ..... already indicated above. that is why the motive or the inducing factor which influences the government to take action under the terms of the contract of employment or the specific service rule is irrelevant.the mere fact that soma kind of preliminary enquiry is held against a temporary servant and ..... for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the casa of a temporary government servant or a servant holding higher rank temporarily to which he has no right. such ..... not attracted. but even if the government has, by contract or under the rules, the right to terminate the employment without going through the procedure prescribed for inflicting the punishment of dismissal or removal or reduction ..... , not a punishment and does not attract the provisions of article 311...where, however, the termination of service is founded on the right flowing from contract or the service rules, there, prima facie, the termination is not a punishment and carries with it no evil consequences and so article 311 is .....

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