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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1965 Page 1 of about 8 results (0.014 seconds)

Apr 06 1965 (HC)

Nandan Bhargava Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-06-1965

Reported in : (1967)IILLJ327Raj

..... following that enquiry the services are dispensed with in accordance with the contract or the specific service ruin (e g,, rule 6 in this case) would not mean that the termination of service amounted to infliction of ..... already indicated above. that is why the motive or the inducing factor which influences the government to take action under the terms of the contract of employment or the specific service rule is irrelevant.the mere fact that soma kind of preliminary enquiry is held against a temporary servant and ..... for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the casa of a temporary government servant or a servant holding higher rank temporarily to which he has no right. such ..... not attracted. 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 ..... , not a punishment and does not attract the provisions of article 311...where, however, the termination of service is founded on the right flowing from contract or the service rules, there, prima facie, the termination is not a punishment and carries with it no evil consequences and so article 311 is .....

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Mar 02 1965 (HC)

Rajasthan State Electricity Board Vs. Labour Court Rajasthan and ors.

Court : Rajasthan

Decided on : Mar-02-1965

Reported in : (1966)ILLJ381Raj

..... as follows: 'it is clear from these observations that in their lordships' view the expression 'retrenchment' meant discharge of surplus labour or staff and did not mean termination of the contract of employment for other causes.'this view was affirmed by a full bench of the bombay high court in the managing director, the national garage, nagpur v. j. gonsalves, air ..... the respondents nos. 2 and 3 could conceivably come under the excluding part. it has not been alleged that the workman was retired in accordance with any stipulation in the contract of employment, nor have the services of the respondents been terminated on the ground of continued ill-health. the first part of the definition namely, 'retrenchment means the termination by ..... brought about as a punishment inflicted by way of disciplinary action; (b) voluntary retirement of the workman; (c) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (d) termination of the service of a workman on the ground of continued ill ..... inflicted by way of disciplinary action, but does not include; (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (c) termination of the service of a workman on the ground of continued ill .....

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May 13 1965 (HC)

Man Industrial Corporation Ltd. Vs. the State and anr.

Court : Rajasthan

Decided on : May-13-1965

Reported in : AIR1965Raj234; [1966]17STC152(Raj)

..... not be discussed in detail. 14. in kays construction company's case, 1962-13 stc 302 (all), a contractor undertook to build some passenger bogies for the railway. under the contract, the under-frames were to be supplied by the railway. the superstructure over these underframes was to be constructed by the contractor according to the specifications, and a fixed price ..... by the board is larger in scope than the circumstances of the case require. strictly speaking the question which arises for consideration is: 'whether on the proper interpretation of the contract between the applicant and the executive engineer, c.p.w.d. ajmer regarding the providing and fixing of the steel windows to the accountant general's office jaipur and looking ..... deputy commissioner was right in directing the sales tax officer to ascertain the labour charges for fixing the windows and deduct this amount from the total amount received for the contract of providing and fixing windows for the purpose of determining the taxable turn-over of the applicant. in view of these observations we are inclined to observe that the question ..... these: the assessee, which is a public limited company, carries on the business of fabricating steel doors, windows, sashes and works of allied nature at jaipur. it entered into a contract with the president of india through the central public works department, ajmer, for providing and fixing windows of four different specifications in the building constructed to house the office of .....

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Nov 10 1965 (HC)

Lakshmi NaraIn Lath Trust Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Nov-10-1965

Reported in : [1969]73ITR402(Raj)

1. we have before us a reference made by the income-tax appellate tribunal (delhi bench ' b ') under section 66(1) of the indian income-tax act, hereinafter to be referred as the 'act', which was made at the instance of the assessee, messrs. laxnu narain lath trust, mandrella,jhunjhun, hereinafter to be referred as the 'assessee'. the question formulated by the tribunal was in the following terms :'whether, on the facts and in the circumstances of the case, the income from the trust in question was exempt from income-tax under section 4(3)(i) of the indian income-tax act '2. the assessee was taxed as an association of persons and the assessmentcovered four assessment years, namely, 1954-55, 1955-56, 1956-57 and1957-53. the trust was created by one laxmi narain lath who hadexecuted the indenture of trust on 25th august, 1948. the settlor of thetrust, laxmi narain lath, was residing at banaras. four trustees wereappointed ; one was the settlor himself, the other trustee was the son of thesettlor, and there were two other trustees who belonged to the lathfamily. a sum of rs. 5,000 was set apart for charity and upon the trustas mentioned in the deed. the objects of the trust were as follows:' (2) the objects of the trust shall be : (i) to advance, promote and encourage education amongst the hindus (a) literal, (b) physical, (c) scientific, (d) industrial, (f) religious, (g) cultural (in fine arts) and (h) general education of all kinds at mandrella in the jaipur state or any .....

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Nov 10 1965 (HC)

Laxmi NaraIn Lath Trust Vs. the Commissioner of Income-tax

Court : Rajasthan

Decided on : Nov-10-1965

Reported in : AIR1966Raj154

kan singh, j.1. we have before us a reference made by the income-tax appellate tribunal (delhi branch 'b') under section 68(1) of the indian income-tax act, 1922 hereinafter to be referred as the 'act', which was so made at the instance of the assessee messrs. laxmi narain lath trust, mandrella, jhunjhunu, hereinafter to be referred as the 'assessee'. the question formulated by the tribunal was in the following terms :'whether on the facts and in the circumstances of the case, the income from the trust in question was exempt from income-tax under section 4 (3) (i) of the indian income-tax act?'2. the assessee was taxed as an association of persons and the assessment covered four assessment years namely, 1954-55, 1955-56, 1956-57 and 1957-58. the trust was created by one laxmi narain lath who had executed the indenture of trust on 25-8-1948. the settler of the trust laxmi narain lath was residing at banaras. four trustees were appointed; one was the settler himself, the other trustee was the son of the settler, and there were two other trustees who belonged to the lath family. a sum of rs. 5,000 was set apart for charity and upon the trust as mentioned in the deed.the objects of the trust were as follows : '(2) the objects of the trust shall be : (i) to advance, promote and encourage education amongst the hindus (a) literal, (b) physical, (c) scientific, (d) industrial, (f) religious, (g) cultural (in fine arts) and (h) general education of all kinds at mandrella in the jaipur .....

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Oct 11 1965 (HC)

Mubarak HussaIn Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-11-1965

Reported in : AIR1967Raj14

..... and, therefore, it became dead or extinct there can, therefore, be no question of any payments being exacted by the state in performance of a contract which was no longer good or subsisting. in other words the payments made by the plaintiff from the 26th of january, 1950, upto the 31st of ..... by various persons under the old dispensations in the various covenanting states which were integrated into the state of rajasthan. that being so, the monopoly contract held by the plaintiff came to an end although it appears that he continued to enjoy it until the 31st of march, 1951, when the indian ..... his point somewhat like this. his submission was that the money which was realised by the defendant state from the plaintiff was in pursuance of a contract which was perfectly valid when it was entered into between the parties and, therefore, a suit brought for the refund of the moneys so paid ..... the authority of law and consequently the defendant was not entitled to realise the money in dispute from the plaintiff. it also held that the monopoly contract could not survive after the constitution had come into force and, therefore, it became null and void with effect from thatstage. on the question of ..... of the present appeal as we consider it unnecessary to go into the question whether they were joint monopolists with the plaintiff) obtained a monopoly contract for plying passengers and goods motor service for hire on the erinpura-bali route for a period of three years from 15th march, 1949 to 14th .....

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Apr 23 1965 (HC)

Kotah Transport Ltd. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Apr-23-1965

Reported in : [1967]37CompCas288(Raj)

..... 's monopoly could not continue thereafter on account of the motor vehicles act, 1939, coming into force and the permits being issued to other bus operators, it was because the contract was frustrated on account of the operation of law. we are not called upon to express any opinion in this appeal whether the appellant was entitled to receive any kind ..... of shares could not be determined in summary proceedings and complicated questions of fact and law were involved. lastly, it was urged that the petitioner having committed the breach of contract and the monopoly having been ended before the expiry of ten years, the shares were rightly forfeited.7. after going through the documents placed before the court by both the ..... granted to other owners of motor vehicles to ply their buses on the routes on which the company was plying its motor vehicle, that there was thus a breach of contract on the part of the government of rajasthan and, therefore, it was requested that the state of rajasthan should either pay the amount of rupees one lakh, if it wanted .....

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Mar 22 1965 (HC)

State of Rajasthan Vs. Rikhabchand and anr.

Court : Rajasthan

Decided on : Mar-22-1965

Reported in : 1966CriLJ1062

l.n. chhangani, j. 1. this is an appeal by the state and is directed against the order of the additional munsiff magistrate, jalore, dated 30th april, 1964 acquitting the respondents rikhabchand son of kesarimal and mst. tipu, wife of rikhabchand. the respondents are husband and wife. 2. on a report lodged by the complainant hastimal, the real brother of the accused-respondent rikhabchand, the accused respondents were prosecuted of an offence under section 379, indian penal code in the court of additional munsiff magistrate, jalore. the magistrate did not hold the case proved against the respondents and acquitted the respondents. the state has filed the present appeal. 3. the appeal has been placed before me for the determination of the question of limitation raised in the office report. 4. the relevant facts may be stated at the outset as follows: the government in the law department was approached for sanctioning a government appeal against the acquittal of the respondents. who approached the law department and when cannot be ascertained from the record of this case. the law department forwarded the relevant papers including a certified copy of the order to be appealed against to the government advocate at jodhpur for expression of opinion whether the case was fit one for an appeal. the date of the despatch of the papers from the law department has not been disclosed but it is stated that the papers were received in the government advocate's office on 28-8-1964. on the same .....

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