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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1961 Page 1 of about 10 results (0.058 seconds)

Oct 28 1961 (HC)

Firm Shah Chandanmal Fatehraj and ors. Vs. Hazarilal

Court : Rajasthan

Decided on : Oct-28-1961

Reported in : AIR1962Raj122

..... authorities and section 49 of the indian contract act, their lordships observed as follows:'their lordships do not think that in this state of the authorities it is possible to accede to the present ..... referred to dhunjisha nusserwanjee v. a. b. forde, ilr 11 bom 649; in which it was held that:''in the absence of stipulation in the contract itself, the intention of the parties to it was to guide the court in determining the place of its performance.'25. then, referring to certain other ..... payment of money is the place where the buyer resides. the court of that place has therefore jurisdiction to try a suit arising out of such a contract. in this connection the following decisions may also be referred to:venkatachalam v. rajaballi, air 1935 mad 663 (fb); jagdish prosad v. produce exchange ..... indore. the fact that they were actually paid at jodhpur under instructions of the indore firm does not indicate, ............ that it was part of the contract to do so at jodhpur. the indore firm may have, for instance, on the occurrence of losses, arranged with any bank at jodhpur to receive payment ..... an expectation of profits though lossses might occur. the payment of profits to defendant or losses to plaintiffs must be deemed to be part of the contract of agency. as no specific terms have been alleged to have been settled between the parties, the general law will apply in deciding the place .....

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Sep 01 1961 (HC)

Government of Rajasthan and anr. Vs. Sangram Singh and ors.

Court : Rajasthan

Decided on : Sep-01-1961

Reported in : AIR1962Raj43

..... , a more accurate statement of the principle intended is that, unless expressly prohibited by statute, and in the absence of directions to the contrary, or unless in doing so some contract obligation is violated or some vested right divested, statutes merely affecting the remedy or law of procedure apply to actions thereafter, whether the right of action accrued before or after .....

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Feb 06 1961 (HC)

Hazarimal Kochnaji Vs. Khemchand Maggaji

Court : Rajasthan

Decided on : Feb-06-1961

Reported in : AIR1962Raj86

..... eases, in our opinion, have no application to the case in hand; in the above cases the plaintiff himself was in pari delicto. section 145 of the contract act is as follows:'in every contract of guarantee there is an implied promise by, the principal debtor to indemnify the surety; and the surety is entitled to recover from the principal debtor whatever ..... have been given by him.8. the only other question which remains is about the applicability of section 145 of the contract act. the learned judge has rightly held that it was not a case in which section 145 of the contract act applied, though at the same time he has been at pains to go into an elaborate discussion of the .....

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Sep 19 1961 (HC)

Ramdeo and ors. Vs. Birdi Chand Sumer Mal of Sambhar and ors.

Court : Rajasthan

Decided on : Sep-19-1961

Reported in : AIR1962Raj164

..... deo (defendant no. 1) which is material for purposes of the controversy between the parties. it was admitted in it that both parties had filed their suits regard-ing the contract for the delivery of gunny bags on magh sudi 15 samvat 2003, but it was denied that the attachment before judgment was secured on a false affidavit. it was also ..... make delivery in terms of the contract. the defendants therefore filed a suit on april 4, 1947, while the plaintiffs filed their suit on january 9, 1949, for recovery of their respective losses. defendani ram peo filed ..... a specified size, to the defendants on magh sudi 15 samvat 2003. .while the plaintiffs contended that the defendants failed to take delivery on the due date and broke the .contract, putting them to a loss of rs. 73,751/-, the defendants alleged that it were they who suffered a loss of rs. 77,851/9/-because the plaintiffs failed to .....

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Apr 27 1961 (HC)

Mst. Chandani Vs. Rajasthan State and ors.

Court : Rajasthan

Decided on : Apr-27-1961

Reported in : AIR1962Raj36

..... in that case the principal would be bound by the act, whether it be for his detriment or his advantage, and whether it be founded on a tort or a contract, to the same extent as if it were done by his previous authority. see wilson v. tumman, (1843) 6 man and g 236.13. again, the same principle would seem .....

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Jul 18 1961 (HC)

Moti Lal and ors. Vs. Pooranchand

Court : Rajasthan

Decided on : Jul-18-1961

Reported in : AIR1962Raj100

..... tenant continues in possession, the acceptance of rent by the landlord from the tenant cannot afford any legitimate justification for holding that the landlord has thereby assented to a new contract of tenancy, and further, where there is neither assent nor dissent on the part of the landlord to the continuance of occupation of such tenant, the latter becomes in law ..... , however, contended that even in the judgment of their lordships of the supreme court, it is recognised that there can be no prohibition against a landlord entering into a fresh contract of tenancy with a tenant whose right of occupation is determined and who remains in occupation by virtue of the statutory immunity and that apart from an express ..... there was any fresh contract of tenancy between the landlords and the tenant after the latter had lost his statutory immunity from eviction. learned ..... contract, conduct of the parties may also justify an inference that after determination of the contractual tenancy, the landlord can enter into such a fresh contract. this, with all respect, is undoubtedly so. but there is nothing in the present case to indicate that .....

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Aug 03 1961 (HC)

Smt. Kiran Kumari and anr. Vs. Sethani Prabhavati Kanwar and ors.

Court : Rajasthan

Decided on : Aug-03-1961

Reported in : AIR1962Raj139

..... the deceased, and'shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person whom such probate or letters of administration have been granted.' it would thus be ..... is that he may not commence an action before probate in respect of certain kinds of cases. the executor can however, maintain some actions based on possession or his own contracts and there is the corresponding liability to be sued before probate if he has chosen to act under the will. these wholesome provisions are necessary so that the executor may .....

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Oct 24 1961 (HC)

Kapoorchand Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-24-1961

Reported in : AIR1962Raj258

..... rule 148(3) and (4) of the railway establishment code. it was observed in this case that if the termination of service was founded purely on the right flowing from contract or the service rules, then, prima facie, the termination was not a punishment and carried with it no evil consequences whatsoever and therefore article 311 was not attracted; but even .....

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Feb 15 1961 (HC)

Pali Electricity Company Ltd. Vs. Industrial Tribunal and ors.

Court : Rajasthan

Decided on : Feb-15-1961

Reported in : (1961)IILLJ240Raj

..... statute or merely office allowance in accordance with the terms of the managing agency. the petitioner does not claim the amount payable under the contract of managing agency; in fact the petitioner could not claim on the contract in view of the provisions of this paragraph. that being so, an allowance had to be made to the petitioner not only in respect .....

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Sep 15 1961 (HC)

Sita Ram and anr. Vs. Tarachand

Court : Rajasthan

Decided on : Sep-15-1961

Reported in : AIR1962Raj136

..... a proper debt payable by the sons. but even if the sons are not made parties, they cannot resist the sale unless they succeed in establishing that the debts were contracted for immoral purposes. these propositions can be said to be well recognised and reasonably beyond the region of controversy, vide girdharee lall v. kantoo lall, 1 ind app 321 (pc .....

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