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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1963 Page 1 of about 9 results (0.059 seconds)

Oct 09 1963 (HC)

Commissioner of Income-tax, Delhi and Rajasthan Vs. Gotan Lime Syndica ...

Court : Rajasthan

Decided on : Oct-09-1963

Reported in : [1964]51ITR533(Raj)

..... no interest in the land and no interest in the trees or plants themselves. in the language of their lordships they were simply and solely contracts giving to the grantees the right to pick and carry away leaves which of course implied the right to appropriate them as their own property. ..... capital expenditure; it is a current expenditure, and does not become a capital expenditure merely because the material is provided by something like a forward contract, under which a person for the payment of a lump sum down secures a supply of the raw material of a period extending over several years ..... position was that it had acquired a source from which to obtain the necessary raw material, the quantity of lime produced being not limited by contract and depending upon its own financial and other resources. it was further contended in this connection that the lease in this case was for a period ..... (annexure 'b'), the government of rajasthan (and not the government of jodhpur as mentioned in the statement of facts drawn by the tribunal) extended the contract by a period of two months, warning the assessee that it will have to vacate the area on the 14th september, 1952, without any further notice. ..... for this purpose at the villages named above and that if the contractors should encroach upon cultivable land or on bapi holdings in connection with the contract, they would have to obtain the permission of the mines department of the state for such encroachment and pay compensation to the holders of the .....

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May 07 1963 (HC)

Shivratan G. Mohatta, a Firm Vs. Sales Tax Officer, Jodhpur and anr.

Court : Rajasthan

Decided on : May-07-1963

Reported in : AIR1964Raj5; [1964]15STC966(Raj)

..... of intimation of despatch of the consignment the buyer used to take delivery of the goods from the railway generally on the strength of the manufacturer's despatch advice against indemnity bond in pursuance of railway circulars and the petitioner used to arrange for customs clearance and payment of customs duty at the border station barmer.the contention of the petitioner ..... the assessee and the importer at bombay was that of buyer and seller, both being principals, and the sale was only after the import of the goods even where the contract to sell preceded the order to the exporter abroad to ship the goods in india.''they were not purchases in the course of import, but they were purchases effected after .....

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Aug 19 1963 (HC)

JaIn Brothers and Company, Bundi Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Aug-19-1963

Reported in : AIR1964Raj17

..... , 'for money received by the defendant for the plaintiff's use' have been borrowed from english law and practice and point to an action of assumpsit founded upon an implied contract and waiver of any tort committed and that properly construed they would cover suits where the defendant has received money which in justice and equity belongs to the plaintiff under ..... article 62 is based on and borrowed from the english law and practice, it must be remembered that in england it was necessary for the courts to find an implied contract to provide a remedy to suitors in personam in a great variety of cases, and that was why the courts there were anxious to infer or imply a ..... contract therein so that the plaintiff might not fail by reason of any technical defect, but such a necessity did not and does not arise in india, as our courts are ..... received grew out of the circumstances that at common law in england an action in personam is maintainable only on contract or on tort. where therefore an action was not based on tort and the plaintiff was unable to establish any contract by evidence, it was found necessary to have recourse to a fiction of a promise to pay 'impliedin law' in .....

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Jul 18 1963 (HC)

Uttamchand Vs. Mohandas

Court : Rajasthan

Decided on : Jul-18-1963

Reported in : AIR1964Raj50

..... learned senior civil judge who heard the appeal overruled the defendant's objection and held that in the circumstances of the case section 65 of the contract act properly applied. the appeal was therefore, dismissed. 10. in this appeal it is urged by the learned counsel for the appellant that as ..... is whether the respondent is entitled to the possession of the shop in dispute from the appellant under the provisions of section 65 of the indian contract act. the intention of the section is to prevent a party to a void agreement, to retain benefits received under it. the section is not ..... every promise and every set of promises forming the consideration for each other is an agreement, and by clause (h) an agreement enforceable by law is a contract. section 65, therefore deals with (a) agreements enforceable by law and (b) with agreements not so enforceable. by clause (g) an agreement not enforceable ..... law, and, 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. the agreement here was manifestly void from its inception, and it was void because its subject-matter was incapable of being bound ..... partnership, where a partnership already exists though he cannot be made a partner in a firm (vide section 30 indian partnership act). therefore, a contract by a guardian of a minor admitting him to the benefits of partnership would be a perfectly valid agreement. the agreement in this case recited in .....

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May 07 1963 (HC)

Krishna Kumar Vs. Krishna Gopal

Court : Rajasthan

Decided on : May-07-1963

Reported in : AIR1964Raj21

..... the contract of hiring or the arrangement of procuring, and not whether it was necessary to give the names of the voters who were alleged to have been conveyed in vehicle procured ..... , if full particulars of conveying by a vehicle of electors to and from any polling station are given. section 83 is duly complied with. even if the particulars of the contract of hiring, as distinguished from the fact of hiring, are not given.'the question before their lordships in that case was whether it was necessary to set out particulars of .....

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Aug 07 1963 (HC)

Ram Niranjan Kajaria Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Aug-07-1963

Reported in : 1964CriLJ614

..... him liable under section 406, indian penal code, as the mam element of entrustmerrt is lacking. his client's conduct may be morally reprehensible and may constitute a breach of contract but there is no basis for his prosecution under section 408, indian henai code. dealing with the three cases, namely, shah nairn ata v. tmperor air 1930 oudh 4in, muhammad ..... permit for 7 tons stagnant on condition that the same was to be used in connection with the construction of quarters, for which the ton tractor had entered into a contract with the government. after obtaining the same, 6 tons of cement were virtue and disposed of for another purpose. on these facts, the contractor was prosecuted for criminal breach of .....

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Jan 03 1963 (HC)

Bal Krishna Vs. District Traffic Superintendent, Western Railway (by D ...

Court : Rajasthan

Decided on : Jan-03-1963

Reported in : (1963)IILLJ187Raj

..... be made under section 15 of the payment of wages act as ' it could not be considered part of remuneration payable to an employee under the contract of his employment.21. it will thus be seen that none of the above decisions has any bearing on the question as to whether dearness allowance ..... the definition of 'wages' contained in section 2(vi) of the payment of wages act as they could not be regarded as remuneration payable under the contract of employment entered into between the employer and the employee. the decisions in the divisional engineer, g.i.p. railway v. mahadeo 1955-i l. ..... not form part of remuneration payable under the terms of employment. they held that the bonus in question was awarded by the industrial court independently of any contract, merely to settle an industrial dispute.19. in madhya bharat government v. bramhodatta a.i.r. 1956 m.b. 152 (vide supra) it ..... .firstly, it is contended that dearness allowance is a gratuitous payment and is not part of remuneration payable to an employee under the terms of the contract of his employment. secondly, that it is an amenity within the meaning of clause (a) of the definition of the term 'wages' and is ..... vi) of the act stood, as follows;wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed .....

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Oct 03 1963 (HC)

Roshanlal Vs. Baboo Lal and ors.

Court : Rajasthan

Decided on : Oct-03-1963

Reported in : AIR1964Raj120

..... continue to receive for a definite or an indefinite period a share of the rents and profits of the mortgaged property as the result of an obligation arising from the contract made when that mortgage was created.'no situation of the kind appears to arise in the present case. even prior to the mortgage the relationship between roshanlal and mst. bashiran ..... at the same time in the same right there is a merger and the lease is extinguished. in the rajasthan case air 1963 raj 110, cited above there was a contract of tenancy regarding a shop. the tenant eventually acquired the rights of a mortgagee in respect of the same shop of which he was a tenant. the landlord was not .....

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Dec 16 1963 (HC)

Thakar Lal Vs. Nathulal and ors.

Court : Rajasthan

Decided on : Dec-16-1963

Reported in : AIR1964Raj140

..... contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it.'we are, therefore, unable to agree with ..... been completely dispossessed is, in our opinion, a right of a civil nature, and for the recognition of a right like this we may refer to section 65 of the contract act or the principle underlying it. this section reads as follows:'when an agreement is discovered to be void, or when a .....

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