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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1959 Page 1 of about 20 results (0.017 seconds)

Feb 16 1959 (HC)

Hazari Lal Vs. Hari Ram

Court : Rajasthan

Decided on : Feb-16-1959

Reported in : AIR1959Raj153a

..... 34 mad 167, thought that article 83 can be made applicable only to a case where there is an express contract of indemnity and because the duty of principal under section 222 of the contract act, to indemnify the agent is an obligation imposed by law and is attached to the relation of principal and ..... barred. besides the above ruling, there is a string of rulings of lahore high court in which it has been held that article 83 of the contract act applies to the case of an aratia suing for the money spent on behalf of his principal. the earliest ruling is that of punjab chief ..... plaintiff filed a suit for the recovery of the said amount. it was observed:'once the relationship of principal and agent is established, section 222, contract act, comes into operation. the obligation of the principal to indemnify the agent, therefore, flows from the nexus of the principal and agent. it is a ..... to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. the contract of agency, therefore, implies a contract by the principal to indemnify the agent against the consequences of all lawful acts done by such agent in exercise of the authority conferred ..... the present case, and not article 61. article 83 is a special article which applies to the case of a suit upon any contract to indemnify, other than a contract covered by article 81, or article 82 which apply respectively to a suit by a surety against a principal-debtor and by a surety .....

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May 07 1959 (HC)

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-07-1959

Reported in : AIR1960Raj92

..... the agreement the plaintiff should either be exempted from payment of excise duty or the excise duty paid by it should be reimbursed under the indemnity clause contained in the agreement. the trial court held that the agreement was not binding on the united state of rajasthan or on the state ..... rajasthan and the liability to indemnify had devolved on the state of rajasthan the agreement would have become frustrated within the meaning of section 56, contract act, on the coming into fores of the finance act, 1950, because the consideration for the agreement namely payment of 7 1/2 per ..... of the community when the question arises and its freedom of action in matters which concern the welfare of the state cannot be hampered by contract. the power to exempt from tax is sovereign legislative power. the law is already well established that future legislative action cannot be fettered. i ..... the consideration for the agreement became unlawful with effect from 1-4-50 and the contract was frustrated under section 56 of the contract act. it is therefore not open to the plaintiff to enforce the indemnity clause contained in the agreement even if the agreement amounted to a special law and the ..... indemnity clause contained in it was not affected by the rajasthan excise duties ordinance 1949 and the .....

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Dec 11 1959 (HC)

Municipal Committee, Kishangarh Vs. Maharaja Kishangarh Mills Ltd.

Court : Rajasthan

Decided on : Dec-11-1959

Reported in : AIR1961Raj6

..... law, find, on the language of the section, would include an agreement that was void in that sense from its inception as distinct from a contract that becomes void.' 8. to elucidate the principle, as said above, it is unnecessary to refer to english cases when the decision depends upon ..... for possession was resisted and that was well within the period of limitation. the relief was granted on the principle of section 65 of the contract act. with reference to this section, the judicial committee observed:-'so framed, the plaintiff's claim to compensation resis, not on any principle or ..... 1935.the agreement was held to be void, but the plaintiff wanted to recover the amount on the basis of section 65 of the indian contract act. further facts, therefore, had to be determined whether actually the boiler in question was and remained unserviceable in spite of repeated repairs and ..... investigation of facts is not necessary, the court would be justified in giving the plaintiff relief under the provisions of section 65 of the indian contract act even without a formal amendment of the plaint'.the learned judge arrived at the above conclusion after discussing the judgments of the supreme court ..... than rs. 2,000/- which was the actual amount paid. by a subsequent amendment in the written statement the defendant further pleaded that the contract made on behalf of the municipal committee madanganj was not executed and signed in conformity with the provisions of section 15 of the kishangarh municipalities .....

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Sep 29 1959 (HC)

Balbir Anand and ors. Vs. Ram Jawaya Kapoor and ors.

Court : Rajasthan

Decided on : Sep-29-1959

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 .....

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Dec 02 1959 (HC)

Firm Murlidhar Banwarilal Vs. Firm Kishorelal Jagannath Prasad and ors ...

Court : Rajasthan

Decided on : Dec-02-1959

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 .....

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Jul 31 1959 (HC)

Lachhmi NaraIn and anr. Vs. Kalyan and anr.

Court : Rajasthan

Decided on : Jul-31-1959

Reported in : AIR1960Raj1

..... article 148 is not applicable. the applicability of article 148 is not to be restricted to a case where there is a valid mortgage by a contract between the parties. it is as much applicable to any other case in which the suit is against a mortgagee in whatever way the mortgagee may ..... this conclusion no assistance is taken of the terms contained in the unregistered mortgage deed; rather these are clearly ignored. the court is not reconstructing any contract between the parties but giving effect to a relationship created by operation of law. we do not find ourselves- in agreement with the view expressed in ..... to examine the ratio decidendi in that case. wort a. c. j. was of the view that a tenancy and mort-gage are creations of contract and they could not be brought into existence by prescription. there is the high authority of the supreme court for the proposition that a limited right can ..... various acts such as trespass by the other party, relinquishment of the right by the owner of such interest, discontinuance of the interest as also by contract directly transferring such interest. in all such cases, it is not necessary that there must always be a valid transaction causing the transfer of interest in ..... formalities the government resolution of 1865 is not an effectual grant passing title in the land to the respondent corporation and is not also an enforceable contract. on the other hand, there is no doubt as to the existence of an intention on the part of the government to make and on .....

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Sep 10 1959 (HC)

Brijmohan and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-10-1959

Reported in : AIR1960Raj118

..... being repugnant with the hindu marriage act, 1955.the learned magistrate repelled these contentions and made the temporary injunction absolute and gave a further direction to the petitioner not to contract the marriage within the jurisdiction of his court or without ft. the petitioners have consequently come up to this court with the present writ application and have prayed that the ..... a male who is older than the female in age by more than 15 years. section 3 then makes such a marriage an offence and further provides that a male contracting an unequal marriage shall be punished with imprisonment of either description which may extend to one year or with fine which may extend to one thousand rupees or with both ..... marriages in any other part of this state.it is also reasonably clear that persons who eire not the domiciled residents of the jaipur state will be at liberty to contract a marriage of this kind in any other part of rajasthan, or, for that matter, anywhere else in india, though they will not be able to do so in the .....

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Jan 05 1959 (HC)

Gordhansingh and ors. Vs. Suwalal and Kalyanbux and ors.

Court : Rajasthan

Decided on : Jan-05-1959

Reported in : AIR1959Raj156

..... to me that a promissory note means something which the parties intended to be a promissory note. we cannot suppose that the legislature intended to prevent parties from making written contracts relating to the payment of money other than by bills and notes; and this appears to me to be merely an instrument recording the agreement of the parties in respect ..... -five thousand, (41/2) four-and half interest, which i sold to you at 3-13, due dates for delivery of the same were 3rd, 4th august, 1879, which i contracted. that paper i could not hold, and made up with you by making the difference at the rate of rupees 2.1, by which the loss amounts to rupees (515 .....

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Aug 28 1959 (HC)

State of Rajasthan Vs. Madanswarup and anr.

Court : Rajasthan

Decided on : Aug-28-1959

Reported in : AIR1960Raj138

..... or should have been a matter of its discretion, if not benevolence and the plaintiffs cannot in law compel the performance of the suit contracts which hadcome into being under entirely different circumstances.again, the view of the learned district judge that the state itself had brought about this ..... the government of the corresponding indian state as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract of otherwise, other than those referred to in clause (1)'. in plain language this article provides that as from the commencement of the constitution ..... nature and which claimed the prior consideration of the government and, therefore, it has scarcely any time or opportunity to attend to personal contracts of this nature which might have been enter-ed into by the rulers of the former states and the persons concerned.it was further contended ..... urged before us was that the united state of rajastban into which the former state of bikaner had merged had affirmed or recognised both contracts in suit, though not expressly but by their conduct. in this connection reliance was placed on the circumstance that although the old state ..... bench of the rajasthan high court which had been set up temporarily at bikaner had come to an end, and the performance of the contracts aforesaid between the parties had become impossible by the doctrine of frustration and consequently the plaintiffs had no cause of action against the defendant state .....

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Jan 28 1959 (HC)

Syed HussaIn Ali S/O Syed Siddiq Ali and ors. Vs. the Durgah Committee ...

Court : Rajasthan

Decided on : Jan-28-1959

Reported in : AIR1959Raj177

..... , but the nazim by his letter no. 533/nd/56 of 9th december, 1956, informed the secretary that the president had directed him to inform the community to take the contract of the income arising out of the collections of the inner dome and the gulla (box) on the conditions suggested by the committee, and that such ..... contract had to be executed before the 1st of january, 1957, failing which nobody will be permitted to receive any offerings in the dome or in the gulla (ex. 1). 7. .....

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