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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1968 Page 1 of about 16 results (0.019 seconds)

Oct 12 1968 (HC)

Ladhu Saha and anr. Vs. Champalal and anr.

Court : Rajasthan

Decided on : Oct-12-1968

Reported in : 1968WLN97

..... (18).on behalf of the appellant, however emphasis laid on the pharse 'whether ascertained or to be asceratained' and is contended that this would cover unliquidated damaes for breach of contract. i do not however consider that by the use of the words' whether ascertained or to be ascertained' the legislature purported to include in the definition of 'debt' liabilities which ..... bom. 276. it was held in that case that although damages are ascertained in the suit the liability is incurred before the institution of the suit when the breach of contract takes place. on behalf of the plaintiffs reliance is placed on the decision of a full bench of the punjab high court in ram lals v. central bank of india ..... not covered by 'debt' as defined in section 2(c) of the rajasthan relief of agricultural indebtedness act 1957.2. the defendants entered into a contract with the plaintiffs for the supply of 85000/- bricks for a price of rs. 1000/- by. chet sudi 15, section 2017 the price was paid in advance. it was stipulated .....

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Nov 04 1968 (HC)

Smt. Panbai and ors. Vs. Sajjanraj and ors.

Court : Rajasthan

Decided on : Nov-04-1968

Reported in : AIR1969Raj278; 1968()WLN238

..... khata for rs. 59,500 in favour of all the creditors. the other remedy of the creditors was to bring a suit for damages for breach of contract on the basis of the novated agreement and the amount of damages would be rs. 59,500, which was the debt remaining due to the creditors under ..... 59,500 was maintainable even if all of them had not agreed to join as plaintiffs.12. it is also contended that on the basis of the novated contract dated 22-12-51 only one suit for the whole amount of rs. 59,500 was maintainable against them.13. the terms of the agreement have been ..... . the contention raised on behalf of the appellants that because a khata was not executed they are entitled to repudiate the whole agreement under section 39 of the contract act is not tenable. in union of india v. kishorilal gupta and bros., air 1953 cal 642, it was held that breach of the substituted agreement does ..... am satisfied that the parties intended to substitute a new contract in place of the old one. the agreement dated 22-12-51 does not merely relate to the mode or manner of payment.10. so far as ..... so this question does not present any serious difficulty at this stage.8. the appellate court dismissed the suit on the ground that there was a novation of contract on 22-12-51 and separate suits for the debts remaining due to individual creditors could not be maintained.9. i have read the agreement carefully and i .....

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Nov 12 1968 (HC)

Mewar Sugar Mills Ltd. and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Nov-12-1968

Reported in : AIR1970Raj1

..... of sales tax, madhya pradesh in which a similar question was involved. the view taken was that for supply ofpacking material, there was an implied contract for the sale of packing material and that the mere fact that the price of packing material was not fixed makes no difference to the assessment ..... 2scr167 and observed as follows :-- 'from the facts of the said case it would appear that the ratio of the case is that in a works contract, where packing material is used and where there is no specific agreement to transfer the packing material, the test to determine whether there was a sale ..... vests in the owner of the cotton on payment of a consolidated price and the vesting is not accession, then it can only be under an implied contract of sale of the material. 43. the madhya pradesh high court again considered this matter in the nimar cotton press factory v. commissioner of sales ..... assessment by its order dated 17th february, 1964 taking the view that the gunny bags and iron hoops were delivered as a part of the consolidated contract for pressing and baling of cotton. the assessing authority filed an application under section 15 of the rajasthan sales tax act (hereinafter called the act ..... property passes it does not pass for a price.' 19. these observations, it is contended, apply with greater emphasis to a case where the contract is simply a contract for supply of goods. 20. learned counsel on behalf of the department, however, relied on: mohanlal jogani rice and atta mills v. state .....

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Nov 12 1968 (HC)

Mewar Sugar Mills Ltd. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Nov-12-1968

Reported in : 1968WLN285

..... vii sales tax cases 486 in which a similar question was involved. the view taken was that for supply of packing material, there was an implied contract for the sale of packing material and that the mere fact that the price of packing material was not fixed makes difference to the assessment of ..... in the owner of the cotton or payment of a consolidated price and the vesting is not accession, then it can only be under an implied contract of sale of the material.44. the madhya pradesh high court again considered this matter in the nimar cotton press factory v. commissioner of sales tax ..... assessment by its order dated 17th february, 1964 taking the view that the gunny bags and iron hoops were delivered as a part of the consolidated contract for pressing and baling of cotton. the assessing authority filed an application under section 15 of the rajasthan sales tax act (hereinafter called the act) ..... though property passes it does not pass for a price.22. these observations, it is contended, apply with greater emphasis to a case where the contract is simply a contract for supply of goods.23. learned counsel on behalf of the department, however, relied oh : mohan'al jogani rice and atta mills v. ..... turnover from sale of goods liable to tax under the sales tax acts, there must be concurrence of four elements in the sale'- (1) parties competent to contract; (2) mutual assent of the parties; (3) thing absolute or general, property in which is transferred from the seller to the buyer; and (4) .....

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Feb 21 1968 (HC)

Ganesh Datta Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-21-1968

Reported in : (1968)IILLJ114Raj

..... the petitioner within the meaning of article 311 of the constitution. in my view, the matter is one which resolves itself into whether there has been breach of terms of contract of service as based on the rajasthan service rules. in other words, the question is whether the government can be said to have noted(sic) in breach of rule 58 .....

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Mar 28 1968 (HC)

R. B. Seth Moolchand Vs. Commissioner of Income-tax.

Court : Rajasthan

Decided on : Mar-28-1968

Reported in : [1968]70ITR245(Raj)

..... two years following; the agreement expressly stated that it was not a mining lease or licence nor the grant of a profit a prendre, but a contract for the sale and purchase of goods. it was held by lawrence j. that the agreement in each on its true construction granted profits a prendre ..... . lord evershed obsered :'but i cannot say the same of the sand and gravel, part of the earth itself, which was the subject of the contract here in question and which i think could only sensibly become part of the stock-in-trade of this gravel merchants business when it had in the ..... also to coppice and plant and to pollard the tendu trees, but beyond this it gave no interest in land. the judicial commissioner held that these contracts were in a business sense for the purpose of securing supplies to the manufacturers of one of the raw materials of their business. they granted no interest ..... process of the earning of the profits was revenue expenditure, which test was akin to the one laid down by bowen l. j. in city of london contract corporation v. styles.after referring to the various authorities distinguishing capital expenditure from revenue expenditure, their lordships added, that on the whole, the definition of viscount, ..... tax and we may briefly refer to them.the earliest test was the one indicated in the following observation of bowen l. j. in city of london contract ltd. v. styles.'you do not use it for the purpose of your concern, which means for the purpose of carrying on your concern, but you .....

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Oct 12 1968 (HC)

Sukanraj Vs. Nekarchand

Court : Rajasthan

Decided on : Oct-12-1968

Reported in : AIR1970Raj17

..... were not of the essence of the lease as defined in section 105 of the transfer of property act, and to consider then as a separate contract altogether fromthe contract of lease which was invalid. they reached the conclusion that term as to notice was not of the essence of the definition of a lease, ..... illegal or void on the ground that it defeated the provisions of any law. in particular, their lordships observed that 'under section 23 of the contract act, such a contract does not defeat the provisions of section 107 of the t. p. act, because by its execution the executant does not obtain the rights of ..... of possession and that a lease was created thereby, there was no lease at all. they took the view that since the 'kabuliyat' 'certainly exhibited a contract between the parties to pay a certain amount every month in lieu of the occupation of the house,' it was a licence as it was not a lease ..... there could be no reason why the defendant should not be held bound by the terms of that contract and dispossessed from the suit premises because of his failure to pay the rent after jan. 18, 1955. the learned counsel has cited mirza mohammad hasan ..... not therefore entitled to succeed in his claim for eviction. 16. it has however been argued by mr. bhandari that ex. 1 was at least a contract by which the defendant agreed to allow the plaintiff to re-enter the premises on default in the payment of the rent. it has therefore been contended that .....

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Oct 12 1968 (HC)

Sukanraj Vs. Nokarchand

Court : Rajasthan

Decided on : Oct-12-1968

Reported in : 1968WLN212

..... not of the essence of the lease as defined in section 105 of the transfer of property at, and to consider them as a separate contract altogether from the contract of lease which was invalid. they reached the conclusion that a term as to notice was not of the essence of the definition of a lease ..... be illegal or void on the ground that it defeated the provisions of any law. in particular, their lordships observed that 'under section 23 of the contract act, such a contract dose not defeat the provisions of section 107 of the t.p. act, because by its executant. the executant does not obtain the rights of a ..... of possession and that a lease was created thereby, there was no lease at all. they took the view that since the 'kabuliyat' 'certainly exhibited a contract between the parties to pay a certain amount every month in lieu of the occupation of the house,' it was a licence as it was not a lease. ..... that there could be no reason why the defendant should not be held bound by the terms of that contract and dispossessed from the suit premises because of his failure to pay the rent after january 18. 1955. the learned counsel has cited mirza mohammad hasan v ..... is not therefore entitled to succeed in his claim for eviction.16. it has however been argued by mr. bhandari that ex.1 was at least a contract by which the defendant agreed to allow the plaintiff to re-enter the premises on default in the payment of the rent. it has therefore been contended .....

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Aug 26 1968 (HC)

Jeevraj and anr. Vs. Lalchand and ors.

Court : Rajasthan

Decided on : Aug-26-1968

Reported in : AIR1969Raj192

..... is not in doubt. the statute (21, jac. 1, c. 16, s.3) enacted that ......... all actions of debt grounded upon any lending or contract without specialty ... ...... shall be commenced and sued ...... within six years next after the cause of such actions ......... and not after, andmade no reference to any ..... abolished the requirement (productive of so much litigation) that there must be an implied promise to pay; but this requirement continued to exist for simple contract debts until 1940. these statutes have all been repealed by the limitation act, 1939.'i may further refer to the observations of viscount cave in spencer ..... origin of the doctrine that an unconditional acknowledgment implies a promise to pay in england. in this connection i may refer to chitty on contracts vol. i paragraph 1498 which runs as follows:'origin of the doctrine. the jacobean statute of 1623 contained no provision that an acknowledgment of ..... of the view. what their lordships appeared to have disapproved was perhaps the observations which preceded the remarks relating to section 25(3) of the contract act. sulaiman, c. j., had gone to the extent of saying that 'if the debt had not become time-barred, then even an ..... hasan, c. j. and srivastava, j., also expressed the same opinion that, according to the indian law, acknowledgment does not operate as a new contract, but only keeps alive the original cause of action.15. in ramprasad jagbandhoo v. anandi brindawan rawat, air 1938 nag 180 also the observations of .....

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Mar 23 1968 (HC)

Kailash Chandra JaIn and anr. Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-23-1968

Reported in : AIR1969Raj68; (1969)IILLJ44Raj

..... person in the service of a local or other authority whose services are temporarily placed at the disposal of the government or rajasthan or a person in service on a contract or a person who has retired from government service elsewhere and is re-employed under the government of rajasthan.' this term does not include certain civil servants on deputation in ..... in their contracts for appointment. this rule is subject to certain provisos which are not material for the present purpose. rule 20 provides for transfer of a government servant and i may read ..... posts or services as a result of integration of the services of the covenanting states, and (iii) to all persons appointed to such posts or services on the basis of contracts entered into by the government of rajasthan or by the government of a covenanting state in respect of such matters covered by these rules as are not specially provided for ..... is entitled under the industrial disputes act and various other acts enumerated above. parties have not set down to draw up any formal agreement embodying the contract of service between them. in the circumstances the contract of service between them will be taken to be based on the rajasthan service rules and the rajasthan civil services (classification, control and appeal) rules and .....

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