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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1960 Page 1 of about 10 results (0.018 seconds)

May 09 1960 (HC)

Hagami Lal Ram Prasad, a Firm and ors. Vs. Bhuralal Ram NaraIn and ors ...

Court : Rajasthan

Decided on : May-09-1960

Reported in : AIR1961Raj52

..... principal.the right to such indemnity, as pointed out earlier, was founded on section 222 of the law of contract. the right to indemnity, which was an incident of the contract of agency was not hit by the provisions of the second order at all and was a matter which ..... 1943 when the order in question stood repealed. besides the suit is really not one to enforce any contract relating to purchase or sale of cotton within the prohibition of the above notification or order. it is a suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions of the ..... . we hold that in the circumstances of this case, section 30-b of the mewar contract act, 1942 was no bar to the plaintiffs' claim. where the principal contracts themselves have not been established to be of wagering nature, there can be no question of collateral contracts whether of indemnity or otherwise to be assailed on that footing.21. lastly, the learned judge appears ..... to have thought that the transactions were hit by the indian cotton (forward contracts and options prohibition) order, 1943 which is said to have been in force at the .....

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Mar 31 1960 (HC)

Ram Niwas Vs. Nihal Singh

Court : Rajasthan

Decided on : Mar-31-1960

Reported in : AIR1961Raj203

..... the law, cannot be considered decisive in interpreting the term like this, for we do come across sometimes agreements both providing for the observance of the law as also for contracting out of the provisions of law. in reaching a conclusion different from that of lower appellate court, i find further support from the following facts and circumstances. a reference to ..... it provides that the latter kind of lease will be determinable on 15 days' notice expiring at the end of the month of the tenancy. the section no doubt contemplatesa contract to the contrary which may purport to create a lease different in kind from a month to month lease.it may be a lease in perpetuity or a lease tor ..... the period of notice. there is thus a statutory presumption for construing a lease of the present kind as one from month to month and the burden of proving a contract to the contrary lies very heavy upon the defendant and he must have satisfactory evidence to displace the presumption and to establish a definite ..... contract.17. the question which, therefore, emerges for consideration is whether this condition purports to create a lease different from a lease from month to month. mr. thanvi has suggested that .....

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Mar 09 1960 (HC)

The State Vs. Kr. Keshva Sen and anr.

Court : Rajasthan

Decided on : Mar-09-1960

Reported in : AIR1960Raj279; 1960CriLJ1497

orderl.n. chhangani, j. 1. this is a reference by the civil judge, beawar under section 243 of the rajasthan tenancy act and the only point which calls for determination in this reference is whether the expression 'a civil court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject-matter in dispute' should be interpreted to include a revenue court also. 2. the facts which have given rise to this reference may be briefly slated as follows: in criminal proceedings under section 145 cr. p. c. state v. keshav sen and raghunath, the s. d. m, beawar being unable to decide as to which of the parties was in possession of the property in dispute, which is admittedly an agricultural holding, referred the matter to the sub judge first class, beawar under section 146(1) cr. p. c. which ultimately came on the file of the civil judge, beawar. on the extension of the rajasthan tenancy act to the ajmer area in the year 1958, the civil judge held that the findings referred to by the criminal court can be determined only by a revenue court, and passed an order on 21-7-1958 transferring the case to the court of the assistant collector and s. d. o., beawai under section 206(3) of the rajasthan tenancy act. the s. d. o., beawar did not agree with the opinion expressed by the civil judge. he observed that the words 'civil court' under section 146 cr. p. c. cannot under any circumstance include a revenue court, and the civil court's .....

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Jul 29 1960 (HC)

Kalyan Sahai Vs. Mola Bux and anr.

Court : Rajasthan

Decided on : Jul-29-1960

Reported in : AIR1961Raj91

..... , he certainly must be regarded not to have intended to accept the previous offer........the theory that every bid isa contract has been repudiated long ago in england,see warlow v. harrison, (1859) 120 er 925, and is not law in this country'.i respectfully agree with the learned ..... v. nanney, (1824) 147 e. r. 925 that 'a bid at a sale in a court auction is merely an offer or, in the language of section 6, contract act, a proposal. it is the highest bidder that is regarded as having made the final proposal which may or may not be accepted by the auctioneer. every bid that ..... judges that every bid at an auction is not a contract or a subsisting offer which can be converted into a contract at the option of the auctioneer or the purchaser at any moment of time. when the court adjourns the sale fixed for a certain ..... bidder that is regarded as having made the final propopsal, which may or may not be accepted by the auctioneer. if it is not accepted there is no contract''.it was further observed by the learned judge that 'even in this country (india) where it is said that people conclude their ..... contracts more leisurely than in england, when the judge in the lower court adjourned the sale to another date with a view to get a higher bid for the property .....

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Aug 25 1960 (HC)

Thakarlal Vs. Smt. Rama and ors.

Court : Rajasthan

Decided on : Aug-25-1960

Reported in : AIR1961Raj193

..... clear that to attract the provisions of section 20 there must be a mutual mistake of the contracting parties. an auction sale cannot be regarded as a sale by the decree-holder in favour of the auction purchaser'. it cannot therefore be regarded as a case of mutual ..... and lahore cases have also taken the view that the sale can be rescinded at the instance of the auction purchaser on the ground of mistake. section 20 of the contract act lays down that where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. it is ..... have been recovered from him by any course of law, as in payment of a debt barred by the statute of limitation, or contracted during his infancy, or to the extent of principal and legal interest upon an usurious contract, or for money fairly lost at play; because in all these cases the defendant may retain it with a safe conscience, though .....

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Sep 23 1960 (HC)

Ram Chander and ors. Vs. Jamna Shankar and ors.

Court : Rajasthan

Decided on : Sep-23-1960

Reported in : AIR1962Raj12

..... burnt bricks which were ready for delivery according to contract, lacs of katcha bricks were destroyed by rains. the arbitrator awarded interest on the damages which he assessed up to the date of payment. their lordships held on the authority ..... applicants on the decision of their lordships of the supreme court in thawardas v. union of india, (s) air 1955 sc 468. in that case a contractor entered into a contract with the dominion of india for the supply of pucca bricks. delivery was to be at the kiln site. owing to the default of the government in not removing the ..... plaintiffs it was sought to distinguish that case on the ground that interest was not recoverable in that case on the basis of the contract between the parties. in the present case interest was recoverable under the contract. it is however unnecessary to go further into this matter as in the present case the award was given through the intervention of the .....

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Mar 08 1960 (HC)

Chimanlal Dalchand and ors. Vs. Maharajadhiraj H.H. Shri Sumersinghji ...

Court : Rajasthan

Decided on : Mar-08-1960

Reported in : AIR1961Raj17

..... deo, air 1952 sc 23. here admittedly these defendants had been let into occupation of the premises by the plaintiff and there was both privity of estate and privity of contract between them. there is also the other admitted fact that they advanced rs. 15,000/- by way of rent to the plaintiff for period of six months. thus a valid .....

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Mar 24 1960 (HC)

State of Rajasthan Vs. Shamlal and ors.

Court : Rajasthan

Decided on : Mar-24-1960

Reported in : AIR1960Raj256

..... that all rights, liabilities and obligations of the government of any indian state corresponding to a state specified in part b of the first schedule whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations were ..... ) all rights, liabilities and obligations of the government of any indian state corresponding to a state specified in. part b of the first schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which, such rights were acquired or liabilities or obligations were incurred ..... 300 occur in part xii, chapter iii, of the constitution. chapter i deals with finance, chapter ii with borrowings, and' chapter iii, with which we are concerned, with property, contracts, rights, liabilities, obligations and suits. the articles contained in this chapter are integral parts of a scheme regarding the devolution and distribution of and succession to these assets and liabilities ..... all rights, liabilities and obligations of the government of any indian state corresponding to a state specified! in part b of the first schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations were incurred .....

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Apr 04 1960 (HC)

Jagannath Prasad Vs. Suraj Lal

Court : Rajasthan

Decided on : Apr-04-1960

Reported in : AIR1961Raj120

..... on account of forfeiture. i regret, i cannot accept this contention which is obviously based upon an omission to distinguish between the enforcement of a penalty in terms of the contract between the parties and loss of statutory protection on defaults committed in terms of the statute. the rent control act in view of certain special emergent conditions provides for protection ..... 13 of the act. with regard to non-payment of rent, there are special provisions giving sufficient protection to the tenants. he argues that these provisions stand superimposed on the contract between the parties and therefore it will be fair and proper to equate a landlord's right to eject a tenant on the basis of default committed by the tenant .....

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Jan 19 1960 (HC)

The Kotah Transport Ltd., Kotah and ors. Vs. the Jhalawar Transport Se ...

Court : Rajasthan

Decided on : Jan-19-1960

Reported in : AIR1960Raj224

..... the plaintiff himself there is convincing evidence to establish that he was a reliable and important contractor of the p. w. d., and that he used to obtain substantially big contracts of buildings and roads.the evidence of shri abdul rashid (p. w. 7), the engineer, is relevant on the point, and thereis also the evidence of bishamber nath (p. w ..... .he further claimed that he was a big a class contractor of the p. w. d., and owned the pottery works stone syndicate, jhalawar, and four trucks. he also took contracts of forests and his monthly income from these sources was much more than rs. 600. he accordingly calculated his lass of income under various heads at a very high figure ..... . 8), assistant engineer. dr. bhatia (p. w. 4) also says that the plaintiff obtained contract of the hospital building in 1942. even though some of the contracts were taken in partnership of his brother or a few other persons, the evidence appears to be adequate to prove that his monthly income could .....

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