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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1954 Page 1 of about 3 results (0.014 seconds)

Apr 22 1954 (HC)

Milap Chand Vs. Dwarka Das

Court : Rajasthan

Decided on : Apr-22-1954

Reported in : AIR1954Raj252

..... with a particular matter, the special excludes the general. these considerations, however, do not apply to section 105. transfer of property act, and section 37, contract act. the two provisions do not deal ,with the same matter. there is nothing in section 105, transfer of property act, as to excusing or ..... . it was held by the supreme court that both these sections dealt with the question of contribution, but section 43 was a provision dealing with contracts generally, while section 82 applied to mortgages. as the right to contribution arose in that case under a mortgage section 82 was held to exclude ..... 8 of the impugned act create a repugnancy with section 105 or section 108(1), transfer of property act, in view of the provisions of section 37, contract act, which clearly envisages interference with agreement by validly made law. 13. our attention was drawn to -- 'kedar lal v. hari lal', air 1952 ..... the provisions of the transfer of property act which is a special act. we are of opinion that there is no question of section 37, contract act, overriding the provisions of section 105 or section 108(1), transfer of property act. section 37 must be read as supplementary to the provisions ..... was passed. the contentionof the applicant is that certain provisions of the act are repugnant to certain sections of the transfer of property act and the contract act which were extended to rajasthan by the part b states (laws) act (3 of 1951), and also to certain sections of the civil procedure code .....

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Aug 31 1954 (HC)

Ramdayal Vs. Maji Devdiji

Court : Rajasthan

Decided on : Aug-31-1954

Reported in : AIR1956Raj12

..... baisakh sudi 14, smt. 2006, and thereby completely discharged the debt due from him to the plaintiff. the defendant also contended that as the old contract between the parties had been novated, the plaintiff's suit on the basis of the khata was not maintainable. the defendant further pleaded that the plaintiffs ..... which the plaintiff filed his present suit. secondly, learned counsel contended that the finding of the court below, that the parties had not novated the original contract founded on the khata, was completely erroneous. we shall take up the second question first,7. the argument of learned counsel on the point of ..... that no other account remained between the parties except the liability upon the hundi.it was held, under these circumstances, that there was a novation of contract and the original cause of action was put to an end. - quite clearly, this case can have no application to the facts of the present ..... already pointed out above, there is no evidence whatsoever in this case in the shape of a receipt or any other thing to show that the old contract had been extinguished and, therefore, the lahore case cannot help the appellant. we are, therefore, clearly of opinion that the defendant has failed to establish ..... of accounts, and a sum of rs. 7000/- which was further advanced in cash. the main defence was that there had been a novation of contract, and therefore the plaintiff could not sue on the basis of the khata, ex. p. 1.this was the only issue which was framed in the .....

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Jan 18 1954 (HC)

Bhagwat Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-18-1954

Reported in : AIR1954Raj131

..... up for consideration. section 35 of that act which was attacked provided as follows :'notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant...... when it appears to the government that it is necessary for ......ensuring the full and efficient use of the land for agriculture to assume management of any landholder .....

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