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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1955 Page 1 of about 5 results (0.019 seconds)

Dec 12 1955 (HC)

Mangilal Sharma Vs. Appellate Tribunal of State Transport Authority, R ...

Court : Rajasthan

Decided on : Dec-12-1955

Reported in : AIR1957Raj167

..... fraud or deception for the sake of securing what might be a just or equitable claim. section 19 of the indian contract act entitles the party whose consent to an agreement has been obtained by fraud and misrepresentation to treat the contract voidable at his option. it gives him the option either to treat it as binding or to treat it altogether .....

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Apr 04 1955 (HC)

Roshan Lal Vs. Bhuramal

Court : Rajasthan

Decided on : Apr-04-1955

Reported in : AIR1956Raj25

..... agreement subsisting between the parties and not on the basis of the principle of quantum meruit or the principles embodied in sections 73 and 74, contract act.6. the only other question that remains to decide is what is the exact import of that agreement. so far as the suit against ..... -- 'lott v. outhwaits', (1893) 10 tlr 76 of), and it was laid down that there could be no implied con. .sract where there was an express contract.in 'liladhar v. mathuradas', air 1934 bom 158 (g), which was also a case of a principal and an agent, the same principle was upheld. in -- ..... entire sum of rs. 2000/- which, had been settled between the parties by an express contract.there cannot be, any dispute at this stage as regards the engagement by the defendant of the plaintiff for conducting a certain, litigation on his behalf. ..... judgment and decree.3. the principal contention raised in this appeal is that the courts below have entirely misdirected themselves in applying sections 73 and 74, contract act or, as it was also stated, the principle of 'quantum meruit' thereto, and it was strenuously contended that the plaintiff was entitled to the ..... of the opinion that that part of the agreement was a contingent one.the trial court, however, by applying the provisions of sections 73 and 74, contract act, came to the conclusion that the plaintiff was entitled to receive a sum of rs. 250/- as compensation, and decreed the plaintiff's suit .....

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Mar 21 1955 (HC)

Moolchand and anr. Vs. Lachman and anr.

Court : Rajasthan

Decided on : Mar-21-1955

Reported in : AIR1958Raj72

bapna, j.1. this is a second appeal by the plaintiffs in a suit for recovery of money.2. the appellants mool chand and chaju lal instituted a suit in the court of civil judge, sawai jaipur, amber and dausa on the 15th of august, 19415, against rupa and his two sons lachman & dhanna, in the allegations that the defendants had money dealings with the plaintiffs for many years, & on second sawan sudi 15, samvat 1996 (29th august, 1939), they made up, the previous accounts, and admitted a sum of rs. 1063/- to be due against them, and got a khata executed in the bahi of the plaintiffs by the hand of ganesh patwari, and affixed their signatures thereon after putting a one and ticket on the khata, it being agreed that the rate of interest payable was one rupee per mensem. the plaintiffs claimed rs. 1753/- inclusive of principal and interest after giving credit for rs. 50/- alleged to have been paid on 16-8-1941.3. the defendants denied the execution of the khata, and pleaded that the plaintiffs had obtained certain decrees for the moneys which had been outstanding against them, that thesedecrees had been satisfied, and nothing remained due against the defendants.4. by the time the evidence came to be recorded, a theft took place at the house of the plaintiffs, and the bahi containing the document was alleged to be stolen. the trial court recorded evidence of the loss of the original, and by an order dated 11-10-1946, permitted the plaintiffs to produce secondary evidence of the .....

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Aug 08 1955 (HC)

The State Vs. Mithalal

Court : Rajasthan

Decided on : Aug-08-1955

Reported in : AIR1956Raj20; 1956CriLJ107

..... implied contract and an offence under section 406 i. p. c. will be made out.7. we, therefore, allow the appeals, set asidethe orders of acquittal passed by the court belowand send ..... and not a jeweller. under these circumstances, payment of money to him for the purchase of gold and preparation of ornaments amounts to entrustment of the money with an implied contract that it will be used in a particular manner. if there is dishonest misappropriation or conversion of the money to his own use, there will be a breach of that ..... should purchase a certain quantity of gold and prepare ornaments would amount to entrustinent and if such goldsmith dishonestly converted it to his own use in violation of the implied contract that he should use it to purchase gold and prepare ornaments, he will be guilty of criminal breach of trust. in this case, the evidence does not show that mithalal ..... as to how it should be dealt with.this is also clear from illust. (c) to section 405. penal code which shows that where there is an express or implied contract between two persons that sum remitted by one to the other shall be, invested, according to the direction of the remitter there is entrustment of the sum remitted. in five .....

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Jan 21 1955 (HC)

Bhimsingh Vs. State

Court : Rajasthan

Decided on : Jan-21-1955

Reported in : 1955CriLJ992

..... should have accepted it.in that case the accused informed the manager of the municipal office that if he used his influence with the chairman and councillors to secure the contract for a particular person he would get rs. 200/- from that person or if not from him, then from himself. it was held that the fact that the money was .....

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