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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1969 Page 1 of about 13 results (0.016 seconds)

Feb 03 1969 (HC)

Kotah Match Factory Kotah Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-03-1969

Reported in : AIR1970Raj118; 1969()WLN75

..... taken the present appeal. contentions of learned counsel for the appellant are:-- (1) that the trial court went wrong in holding that there was no contract between the parties arrived at on november 18, 1950; (2) that the state government gave recognition to the past liability incurred by the erstwhile kotah ..... by the constitution (seventh amendment) act, 1956). the provisions of article 299 are mandatory in character and contravention of these provisions would nullify the contract and would make them void and unenforceable. no state government can be sued by a private individual where there is the breach of the provisions ..... mandatory in nature. the intention of parliament in enacting section 175(3) was that the state should riot be burdened with liability based on unauthorised contracts, the provisions were made in the public interest and so the word 'shall' used therein must be held to make it obligatory and not directory ..... 1935, or the corresponding provisions of article 299(1) of the constitution of india are characterised as mandatory and their contravention would nullify the contracts and make them void and that there is no question of any estoppel or ratification in such a case. 11. what was said in ..... be waived or dispensed with. 12. in the light of the above discussion, the position in the present case is that there was no contract between the appellant and the government as required by article 299 of the constitution of india. in view of the mandatory provisions of article 299 .....

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Dec 09 1969 (HC)

Hukmi Chand Vs. the Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Decided on : Dec-09-1969

Reported in : 1969WLN570

..... consideration to restrict his enjoyment of the property transferred to him. the enforcement of such an agreement depends upon the validity thereof under the law of contract. thus section 40, transfer of property act, provides that an obligation of this nature, that is to say, an obligation arising out of restrictive ..... of the learned counsel for the respondent is that the restrictive covenant in the present case is a benefit of an obligation arising out of contract annexed to the ownership of immovable property and such a right or obligation may be enforced against a transferee with notice thereof. it is ..... reasonable.section 55. sale of goodwill after dissolution. (1) in settling j the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may ; be sold either separately or along with other property of the firm.rights of ..... to that of the firm within a specified period or within specified local limits; and, not withstanding any thing contained in section 27 of the indian contract ac?, 1872 such agreement shall be valid if the restrictions imposed are reasonable.section 54, agreements in restraint of trade. - partners may, upon or ..... , and the rule now is clear that restraints whether general or partial may be good if they are reasonable. any restriction upon freedom of contract must be shown to be reasonably necessary for the purpose of freedom of trade. a person may be restrained from carrying on his trade by .....

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Feb 01 1969 (HC)

Lajpat Rai Agarwal Vs. the Arya Samaj Shiksha Sabha

Court : Rajasthan

Decided on : Feb-01-1969

Reported in : 1969WLN177

..... plaintiff is entitled for the wrongful termination of his service. i am unable to accept this contention. under para 11 any dispute arising in connection with clause 9 of the contracts was to be referred to arbitration. these words are sufficiently wide so as entitled to tribunal determine what damages for wrongful termination of services should be awarded to the plaintiff ..... filed an application, in which two objections were taken against the award. one was that there was an error apparent on the face of it in as much as the contract embodies in the agreement was for personal service and could not be specifically enforced in view of section 21 of the specific relief act. the other was that the tribunal ..... been taken. the facts of khardah co. ltd. v. rayman and co. (india) private ltd. air 1962 sc 1810 are distinguishable. in that case the contract was void as it was prohibited by the forward contracts (regulation) act 1952.27. i would like to make it clear that the principle enunciated above is only applicable to the case of an arbitration tribunal ..... execution of certain work by a with the government of india provided that except where otherwise provided in the contract, all questions and disputes arrising out of or relating to the contract would be referred to the arbitration of the superintending engineer, eastern aviation circle ii. disputes arise between the parties and the government appointed on as an arbitration to adjudicate on .....

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Feb 14 1969 (HC)

State of Rajasthan Vs. Bundi Electric Supply Co. Ltd., Bundi

Court : Rajasthan

Decided on : Feb-14-1969

Reported in : AIR1970Raj36

..... monopoly rights to ply the buses and motor lorries exclusively in the territory of the former state of bundi and thus the performance of the contract pertaining to the monopoly rights became impossible by a supervening event. consequently, the state is bound to restore the advantage received by it with ..... on 1-4-1951 which was not under the contemplation of the parties at the time they entered into it, the performance of the contract regarding enjoyment of monopoly rights became impossible. after the motor vehicles act came into force it became impossible for the state to allow the ..... the act of the former bundi state for granting monopoly rights to the company was not impossible in itself nor it became impossible after the contract had been made and therefore section 56 has no application, and consequently section 65 also cannot apply as the agreement was neither discovered to ..... the books of the bundi petrol and automobile supply agency after payments of the dividend due on the 1st november, 1943 as well as the contracts for the railway out-agency and postal mail and agencies for burmah-shell petrol and motor and lubricating oils, kerosene oils, shell-tax grease ..... outstanding as shown in its books together with an additional sum calculated at 10% of such valuation as compensation for compulsory acquisition.'16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage .....

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Apr 18 1969 (HC)

Suraj Bai and ors. Vs. Nawab Mohammed Mukarram Ali Khan and ors.

Court : Rajasthan

Decided on : Apr-18-1969

Reported in : 1969WLN209

..... failed to prove that they had done all these necessary acts, they cannot take the defendant liable for non-performance of his part of the contract, consequently, the plaintiffs are not entitled to get any damages from the defendant and their claim has rightly been dismissed by the trial court.13 ..... as his own; the buyer remains subject to all his obligations and liabilities under, it and enables the seller not only to complete the contract, if so advised, notwithstanding his previous reputation of it, but also to take advantage of any supervening circumstances which would justify him in declining ..... result that without measurements the sale-deed could not be drafted. in the second place, it is urged that the defendant had himself repudiated the contract, though wrongly, by his notice dated the 9th september 1955, ex. 2 and consequently, it was no more necessary thereafter for the plaintiffs ..... . 2500/- as damages. the plaintiffs have further averred that in spite of the defendant's notice dated 9th september, 1955, wrongly repudiating the contract, they called upon the defendant by their notice dated 10th october 1955, that they were still prepared to purchase the property in question and if ..... defendant prevented him from taking the measurements. the plaintiffs have charged the defendants with a fraudulent intention of illegally putting an end to the contract by having to initiated a complaint in respect of the proposed sale in the tehsil jaipur as a result of which the plaintiffs received .....

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Dec 19 1969 (HC)

Seth Sobhag Mal Lodha and ors. Vs. Edward Mills Co. Ltd. and ors.

Court : Rajasthan

Decided on : Dec-19-1969

Reported in : [1972]42CompCas1(Raj); 1969()WLN498

..... of association and the articles of association and the company also acted accordingly by appointing chairman and the managing directors in accordance with the terms of the contract and it also paid commission from time to time. it should, therefore, be assumed, the counsel adds, that there was an implied agreement. the ..... of which have been arranged before the company is formed. it is for the company to consider after its formation whether it will enter into the contract or not. a condition in a memorandum of association which is nothing more than a detail of management for the purpose of carrying on the business ..... prohibits the institution of a suit between partners inter se or between partners and the firm for the purpose of enforcing a right arising from a contract or conferred by the partnership act, unless the firm is registered and the person suing has been shown in the register of firms as a partner ..... partnership was registered. section 69 of the indian partnership act, 1932, runs as follows :' (1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the ..... without registration. defendant no. 2 also pleaded that the plaintiffs had not come with clean hands as they themselves were guilty of repeated breaches of the contract. on more than one occasion they transferred shares to others in contravention of term no. 5 of the agreement dated july 6, 1906. seth gadh .....

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Sep 05 1969 (HC)

Ram Prasad Vs. Shri Kishan and anr.

Court : Rajasthan

Decided on : Sep-05-1969

Reported in : 1969WLN385

..... the defendant would not be at liberty to raised 'any further contentions' in the trial court except those relating to the date of the alleged breach of the contract and the price of the cotton at that time. the judgment of modi. j., was covered by a decree of this court. the controversy before therefore ..... parties reached the conclusion that defendant ram pershad committed a breach of the contract on or about ashadh sud 8, s. 2035 and the plaintiff was entitled to recover rs. 4,932/12/6 on account of damages. in arriving ..... which, as pointed out above, he as commission agent was bound to sell in the market to mitigate the damages, because the defendant having resiled from the contract had refused take delivery of the goods.7. the case accordingly went back to the district judge who framed 3 issues and after recording the evidence of the ..... the agent of the defendant ram pershad in relation to the transaction of 254 bales of cotton and that the defendant had failed to abide by the contract in as much as he refused to accept delivery of the same and further that it could not possibly be held that the plaintiff was estopped from ..... pleaded that he purchased the 254 bales for rs. 59,2/6/12/6 and was entitled to recover that amount because the defendant resiled from the contract and did not carry it out pay the price in spite of notice. the plaintiff therefore sold the 254 bales in the open market for rs. 54327 .....

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Aug 14 1969 (HC)

State of Rajasthan and anr. Vs. the Bundi Electric Supply Co. Ltd., Bu ...

Court : Rajasthan

Decided on : Aug-14-1969

Reported in : AIR1971Raj24

..... by article 110, wherever the position may reasonably be maintained that the claim sought to be enforced is a claim for compensation for breach of a contract in writing registered.'these authorities make it clear that article 115 is applicable to a case when the creditor seeks to recover the amount he has ..... be pointed out, however, that the term used in article 115 and article 116 is not damages but compensation, which also occurs in section 73 of the indian contract act. as lord esher observed in dixon v. calcraft, (1892) 1 qb 458, the expression 'compensation' is not ordinarily used as an equivalent to damages ..... to a suit to recover the money on the basis of that bond. now article 116 also relates to a suit for compensation for breach of a contract which is in writing and registered, spankie, j. referred to the decision of the calcutta high court in nobocomar mookhopadhaya v. siru mullick, (1881) ..... as the state of rajasthan failed to make payment of rs. 6,000/- when it became payable under the agreement (ex. 1), there was breach of contract on the part of the state of rajasthan. the question, however, is, whether the suit was for compensation or not. the argument that has been ..... the loan account of rupees five lakhs outstanding against the bundi electric supply company.'by this letter the state government must be taken to have affirmed the contract executed between the government of the former state of bundi and the plaintiff but further paid rs. 6,000/- of the hire bill dated 26-3 .....

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Dec 09 1969 (HC)

Trilok Chand Dilsukhrai Vs. the Commissioner of Income Tax

Court : Rajasthan

Decided on : Dec-09-1969

Reported in : 1969WLN582

..... sub-lessees for a period not more than one year, & rent should be received from these sub-leasees for the benefit of the lessee. the question then is whether this contract which the lessees obtained from the cantonment authorities is 'property' or it is 'business'. in our opinion, it is neither 'propetty' nor is it 'business'. the income from this source ..... the rent payable to the cantonment authorities and the income tax department permitted a deduction from the income of other house property of the deficit in the contract. the assessee, however, claimed that the contract obtained from the cantonment authorities was a business and further as they borrowed certain moneys in earlier years for other kinds of business, and, as they were ..... making deductions envisaged in the lease.22. the assessee's counsel no doubt hinted that the assessee in obtaining a contract from the government was engaged in an adevnture in the nature of a trade and, therefore, his income arising from the contract should be treated as income from business. this controvery was not raised before the income tax officer or the .....

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Jan 09 1969 (HC)

Gujarmal Vs. Sukhpal

Court : Rajasthan

Decided on : Jan-09-1969

Reported in : 1969WLN37

..... schedule to the act is as follows:the second scheduledescription of period of time from whichsuits limitation period begins to run1. for money due on 3 years when the moneya contract became due toplaintiff2. for the recovery when the plaintiffof moveable became entitled toproperty or the to the delivery ofvalue there of 3 years the property3. for compensation when the moveablefor .....

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