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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1964 Page 1 of about 11 results (0.031 seconds)

Apr 28 1964 (HC)

Hamara Radio and General Industries Ltd. Co., Delhi Vs. State of Rajas ...

Court : Rajasthan

Decided on : Apr-28-1964

Reported in : AIR1964Raj205

..... each 'federal' department should be taken over by the centre. they will consist of all outstanding claims for and against government, including refund claims, pending bills for supplies, stores, contracts, services and contingencies etc., and all uncollected 'federal' revenues, whether assessed or not.(4) legal basis for giving effect to the schemes propounded by the committee was to be founded ..... constitution be the successor of 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 or otherwise, other than those referred to in clause (1).'it is perhaps an anomaly that article 295 still refers to an indian state corresponding to a state specified ..... ) 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 purpose for which such rights were acquired or liabilities or obligations were incurred before ..... now prior to this date, mono-polies were quite lawful. the bharatpur state even after it had acceded to the indian union had the executive authority to give a contract for the establishment and maintenance of a transmitter within its own territorial limits and could grant certain tax and other concessions in that connection. it will be recollected that certain .....

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Apr 29 1964 (HC)

Seth Pushalal Mansinghka Private Ltd. Vs. Commissioner of Income-tax, ...

Court : Rajasthan

Decided on : Apr-29-1964

Reported in : [1967]63ITR109(Raj)

..... supreme court. we shall first make a reference to commissioner of income-tax v. mysore chromite ltd. in that case the assessee placed the contracted goods on board the steamer at madras and obtained a bill of lading in its own name, prepared a provisional invoice on the basis of ..... the purpose of transmission to the buyer and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract within the meaning of sub-section (1) of section 23. as we have already discussed above, the real arrangement between the parties was that ..... bank who was the buyers agent. further, the learned counsel has pointed out that the question whether the goods were unconditionally appropriated towards the contract at bhilwara within the meaning of section 23 of the sale of goods act has not been properly considered and appreciated and that since the appropriation ..... tax appellate tribunal, in holding that the bank was the agent of the seller, inasmuch as the buyers themselves made it a condition of the contracts that the railway receipts would be sent through the bank. in this connection he has pointed out that the sale became complete in all respects ..... and that after the consignments left the godown, they would be entirely at the buyers risk. apart from these written terms and conditions of the contracts, the department, as well as the income-tax appellate tribunal, have recorded their further finding of fact that the assessee consigned the goods to 'self .....

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Oct 12 1964 (HC)

ishwari Prasad Atri Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Oct-12-1964

Reported in : AIR1965Raj147

..... was seeking to camouflage an order of dismissal of a temporary police constable by giving it the form of termination of employment in terms of contract of service. we may observe that their lordships were not unaware of what the chief commissioner had said to the petitioner over and over ..... of article 311 must be complied with. as already stated if the servant has got a right to continue in the post, then unless the contract of employment or the rules provide to the contrary, his services cannot be terminated otherwise than for misconduct, negligence, inefficiency or other good and sufficient ..... . but even if the government has, by contract or under the rules, the right to terminate the employment without going through the procedure prescribed for inflicting the punishment of dismissal or removal or reduction ..... union of india, (s) air 1956 bom 455, wholly irrelevant. in short, if the termination of service is founded on the right flowing from contract or the service rules then prima facie, the termination is not a punishment and carries with it no evil consequences and so article 311 is not attracted ..... at the same time it has been recognised that where the government proposes to take action against a civil servant on the basis of the contract with him, or under the civil service rules applicable to him for terminating the employment, then the protection of article 311 may not be available .....

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Mar 30 1964 (HC)

Mahboob Khan and ors. Vs. Hakim Abdul Rahim

Court : Rajasthan

Decided on : Mar-30-1964

Reported in : AIR1964Raj250

..... 11. in my view section 19a is applicable to all persons including mohammadans and even an heir of a mohammadan can have the option of avoiding contract procured in the manner mentioned in section 19a. this right of his is not curtailed by the provisions of the mohammadan law. on the other hand ..... given, and issue has been joined on an enquiry but faintly adumbrated in the pleadings.'8. the rule laid down in section 16 of the indian contract- act is not restricted to cases wherestrictly or technically fiduciary relationship is established. the rule applies to all varieties of relations where the possibility of exercise ..... some cases were also cited in this connection before the learned judge but he held that 'one (each ?) case dealt with section 16 of the contract act and had no bearing on the facts of the case befroe him.'the learned judge considered the evidence of the parties in regard to the question ..... to the facts of his case it was for the respondent to show that the gift was not made by undue influence (section 16(3) indian contract act and section in evidence act). this aspect of the case was completely overlooked by the courts below, though the trial court remarked that:'the ..... to be considered. the first thing to be considered is the relations of the parties. even though a bargain, had been unconscionable a remedy under the contract act does not come into view until the initial fact of a position to dominate the will has been established. once that fact is established, then .....

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Feb 24 1964 (HC)

Anandilal and ors. Vs. Abdul Hussain

Court : Rajasthan

Decided on : Feb-24-1964

Reported in : AIR1964Raj240

..... 7. since the defendant had refused to deliver possession of the property agreed to be sold to the plaintiffs, the plaintiffs were entitled to rescind the contract,and claim refund of the sale money which they had paidto the defendant in advance. in my opinion this appealmust succeed on this ground alone. the plaintiffs ..... that even though the plaintiffs had failed to prove that there was an agreement to deliver vacant possession of the property, in the absence of a contract to the contrary they were entitled to rely upon the provisions of section 55(1)(f) of the act and demand vacant possession from the defendant. ..... purchase by paying full consideration.' in sashi bhusan v. rai chand, air 1950 cal 333, it was field that: 'ordinarily, in tha absence of a contract to the contrary, if the agreement is to sell a house in which the seller has the sole and absolute interest, the possession that its nature permits ..... to demand vacant possession of the land from the defendant. under section 55(1)(f) of the transfer of property act, 'in the absence of a contract to the contrary, the seller is bound to give on being so required, the buyer, or such person as he directs, such possession of the property ..... have further held that rs. 3503/-were paid by the plaintiff as earnest money which were liable to be forfeited on account of the breach of contract committed by the plaintiffs. 5. plaintiffs have now come to this court in second appeal. the terms of the agreement are reproduced in the judgment of .....

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Mar 03 1964 (HC)

State Vs. Ram Pratap

Court : Rajasthan

Decided on : Mar-03-1964

Reported in : 1966CriLJ496

..... . the form of every bond in the fifth schedule is that the executant binds himself to forfeit to the government the amount. a bail bond may not be necessarily a contract. it is however, an undertaking given by the executant and that undertaking must be in favor of the government and no other person. if the undertaking is not in favor .....

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Aug 06 1964 (HC)

Bijai Cotton Mills Ltd. Vs. Sub-divisional Magistrate and anr.

Court : Rajasthan

Decided on : Aug-06-1964

Reported in : AIR1965Raj11; [1965(10)FLR154]

..... of the surplus available for that purpose. therefore, the fulfilment or otherwise of the terms of the contract of employment is not an essential ingredient of an award of an industrial court.'' (p. 520-521):these observations are not now helpful to ..... employer about the right to bonds would not necessarily lead to an industrial dispute. when an industrial court awards a bonus, independent of any contract, it does only it there is an available surplus for a distribution of bonus and the amount of the award would depend on the extent ..... for consideration before the bombay high court was:'whether wages which are required to be paid by statute, over and above the wages stipulated by contract, fall within the definition of 'wages' in the payment of wages act.'it was held that the minimum wages fixed under the minimum wages ..... have been introduced in the definition of wages by the amending act, 1957, and which demand our consideration are the following: --(i) the words 'of the contract' in the main definition have been omitted (ii) in the inclusive definition clauses (a) and (c) have been introduced. 9. there was some room ..... clause which stood earlier:'(vi) '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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Aug 04 1964 (HC)

Chiman Lal Vs. Amar Chand

Court : Rajasthan

Decided on : Aug-04-1964

Reported in : AIR1965Raj3

..... again on migsar badi 2, s. 2016 (corresponding to 2-12-59) when lalchand executed a writing. no registered document was executed at the time of the alleged novation of contract in s. 2009-10. nor was the writing dated 2-12-59 registered. the learned senior civil judge held under his order dated 31-1-64 that no unregistered agreement ..... itself and not by something external to it. if the agreement is oral, it is hit by proviso 4 to section 92, evidence act, for it 'rescinds' or 'modifies' the contract of mortgage. if it is in writing, it is hit by section 17(1)(b), registration act, for in that case the writing itself 'limits' or ''extinguishes' the liability under .....

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Mar 07 1964 (HC)

Anwar Mohammad Vs. Managing Officer, Cum Custodian of Evacuee Property ...

Court : Rajasthan

Decided on : Mar-07-1964

Reported in : AIR1964Raj260

..... said scheme of sale (ex. p-5). it may be pointed out that in the instant case there was a completed contract of sale in favour of the petitioner under the said scheme and it was in pursuance of that contract that he retained the possession of the property as an owner thereof. dispossession being rightful and not that of a trespasser .....

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Nov 02 1964 (HC)

Kalu and ors. Vs. the State

Court : Rajasthan

Decided on : Nov-02-1964

Reported in : AIR1965Raj74; 1965CriLJ478

..... goria of village banda--was given in marriage to panna--the elder brother of manna pw/1 of village pathria. according to the present prosecution, after panna's death, manna contracted a 'nata' marriage with mst. kesar on the 12th day of the death of his brother panna. thereafter, the prosecution case is that she went to her father goria at ..... appears to me that the parties had a controversy on account of the claim of the complainant party to 'jhagra-money' on account of son of the accused buchia having contracted a nata-marriage with mst. kesar widow of the brother of manna p w. 1 and both the parties were- determined to settle this controversy by the use of force .....

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