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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1970 Page 1 of about 19 results (0.014 seconds)

Feb 08 1970 (HC)

Ramdeo and ors. Vs. Firm Birdhichand Sumermal and ors.

Court : Rajasthan

Decided on : Feb-08-1970

Reported in : 1970WLN133

..... or defendant, shall be implied in his pleading.we are of opinion that readiness and willingness of the plaintiff to perform his part of the contract being a condition precedent is necessarily implied and it is for the defendant, if he contests that fact, to raise the matter expressly in ..... the alleged usage, delivery could be given after poonam, between badi 1 and badi 6 of the succeeding month, it is inconsistent with the written contract and evidence in respect of such usage is inadmissible. this argument is untenable. in this connection, we may refer to the following passages in the ..... some of his findings on the evidence which was produced in another suit-filed by ramdeo and others against messrs. jain gommercial company wherein similar contracts of purchase of 1120 bales of bardana of mah sudi poonam waida were involved. one of the partners of messrs. jain commercial company was ..... in the written statement of the earlier suit, messrs birdhichand sumermal and its partnters alleged that they kept the goods which ramdeo and others had contracted to purchase and when the latter did not take delivery despite repeated requests, they sold the goods at a loss. a sum of rs. ..... dated 29th september, 1958.2. briefly put the facts relevant to the controversy which now remains between the parties, are that ramdeo and others entered into contracts for the forward purchase of 600 bales of bardana (gunny bags) of mah sudi poonam delivery (waida) with the firm messrs. birdhichand sumermal on .....

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Aug 11 1970 (HC)

The State of Rajasthan Vs. the Associated Stone Industries Kota Ltd. a ...

Court : Rajasthan

Decided on : Aug-11-1970

Reported in : AIR1971Raj128

..... 2-5-45 became void on the coming into force of the constitution. the plaintiff-company can be granted relief under section 65 of the contract act on the basis of this plea. 32. the learned additional advocate general next relied on the following observations made in :-- 'where further facts ..... court, their lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restore what he received thereunder.'29. in firm sriniwas ram v. mahabir prasad : ..... of the company it was contended that the state is estopped from taking these pleas as it furnished material for determining compensation under section 65, contract act, without raising any such objection and also took adjournments for the purpose. we are of the opinion that it is open to the ..... the company derived benefit in the shape of quarrying and removing stone from the mines after the agreement became void. under section 65 of the contract act the company is bound to make compensation for it to the state. similarly the company continued to make payments due under the agreement under ..... the constitution these laws continued to operate as existing laws at the date of the commencement of the constitution. therefore, under the law of contract, the liabilities of the dholpur state devolved on the united state of rajasthan, and then on the present state of rajasthan when the constitution came .....

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Jul 11 1970 (HC)

The State of Rajasthan Vs. the Associated Store Industries Kota Ltd. a ...

Court : Rajasthan

Decided on : Jul-11-1970

Reported in : 1970WLN398

..... 2.5.45 became void on the coming into force of the constitution. the plaintiff company can be granted relief under section 65 of the contract act on the basis of this plea.31. the learned additional advocate general next relied on the following observations made in the municipal committee krishengarh ..... , their lordships think that their attitude towards the question of pleading was unduly rigid. a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restored what he received there under.28. in firm sriniwas ram v. mahabir prasad ..... mortgage and as to their claim on the personal covenant being statute barred, but they also insisted on their right to relief under section 65, contract act. the appeal was heard exparte. in spite of this however, their lordships cams to the conclusion that the appellants ought not be refused ..... company derived benefit in the shape of quarrying and removing stone from the mines after the agreement became void. under section 65 of the contract act the company is bound to make compensation for it to the state. similarly the company continued to make payments due under the agreement under ..... of the constitution these laws continued to operate as existing laws at the date of the commencement of the constitution.therefore, under the law of contract, the liabilities of the dholpur state devolved on the united state of rajasthan, and then on the present state of rajasthan when the constitution came .....

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Dec 09 1970 (HC)

Municipal Council, Udaipur and anr. Vs. Kishan Lal and ors.

Court : Rajasthan

Decided on : Dec-09-1970

Reported in : AIR1971Raj202; 1970(3)WLN697

..... to the well-known decision in sharpington v. fulham guardians, 1904-2 ch 449. there the guardians for the parish of fulham entered into a contract with the plaintiff for the execution of certain works consisting of altering and adding to an, old mansion-house, for the purpose of carrying out their ..... section that private acts should be kept outside its purview. it would follow that it would not be permissible for us to hold that all contracts must be excluded from the ambit of the section,, irrespective of their nature. in restricting its scope to acts 'done or purporting to have been ..... be considerable difficulty in holding that the word 'act' in section 192, district boards act, includes all cases of mere omission to perform a private contract, even though not amounting to an illegal omission within the meaning of section 4, general clauses act.'a similar view has been taken in 1965 all ..... before a division bench of this court. the learned judges examined the argument regarding the applicability of section 271 of the act to suits based on contracts, and referred to the view expressed by another division bench of this court in municipal board, bhilwara v. bhuralal. 1964 raj lw 504 that ..... plaintiffs' committee.relying on the aforesaid talk with defendant no. 2 and the resolution, the plaintiffs' committee got the debris removed by giving out a contract for the purpose. the debris was removed by october 4, 1958, and the plaintiffs altogether spent rs. 4,287/- for the work. they asked .....

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Aug 21 1970 (HC)

Central Bank of India Vs. Govind Narain

Court : Rajasthan

Decided on : Aug-21-1970

Reported in : AIR1971Raj306; 1970(3)WLN758

..... of standard rent and thus null and void.29. the view propounded in this case appears to us to be based upon a little exaggerated importance to the liberty of contract and lapses and omission on the part of tenants and to ignore the purpose of the act and the mischief it is intended to suppress and the nature of the ..... similar nature on the 1st day of january, 1951. any agreement contrary to the provisions of section 4 would be one to which the provisions of section 23 of the contract act became applicable, and such an agreement is not enforceable. it is obvious that the agreement if countenanced will defeat the provisions of the law made for the purpose of ..... january, 1943, and not superseded by or merged in a decree or order of the court in any suit under this act, no tenant shall, notwithstanding anything contained in any contract, be liable to pay to his landlord for occupation of any premises any sum in excess of the standard rent therefor decreed by the court, unless such sum may lawfully .....

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Oct 21 1970 (HC)

Kota Straw Boards (P) Ltd. and ors. Vs. B. Gopaldas and ors.

Court : Rajasthan

Decided on : Oct-21-1970

Reported in : 1970WLN572

..... necessary to express any opinion on the question whether an arbitration agreement is of such a special nature as to require a stricter construction of its terms than any other contract for, as has been stated, the relevant clause of the agreement relied upon by the respondent company does not amount to an arbitration agreement on any construction thereof.9. mr ..... durga mining co. : air1956cal280 . in that case the word 'can' was used in the relevant clause, which ran as follows,--in the event of any dispute arising out of this contract the same can be settled by arbitration held by a chamber of commerce at madras. their decision shall be binding to the buyers and the sellers.it was held that ..... into a contract, there is no reason why it should not be able to enter into an agreement to submit its differences with the other party, to arbitration out of court. in this ..... an arbitration agreement between the respondent company is no longer permissible and should be rejected. i am not persuaded, however, that this argument is correct. an arbitration agreement is a contract to submit the differences between the parties to a tribunal of their choice, and as a company has a legal personality of its own, and has the power to enter .....

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Oct 21 1970 (HC)

B. Gopal Das, Bombay and ors. Vs. Kota Straw Board (P) Ltd., Kota

Court : Rajasthan

Decided on : Oct-21-1970

Reported in : AIR1971Raj258

..... necessary to express any opinion on the question whether an arbitration agreement is of such a special nature as to require a stricter construction of its terms than any other contract for, as has been stated, the relevant clause of the agreement relied upon by the respondent company does not amount to an arbitration agreement on any construction thereof. 9. mr ..... ., air 1956 cal 280. in that case the word 'can' was used in the relevant clause, which ran as follows.-- 'in the event of any dispute arising out of this contract the same can be settled by arbitration held by a chamber of commerce at madras. their decision shall be binding to. the buyers and the sellers'.it was held that ..... into a contract, there is no reason why it should not be able to enter into an agreement to submit its differences with the other party, to arbitration out of court. in this ..... an arbitration agreement between the respondent company is no longer permissible and should be rejected. i am not persuaded, however, that this argument is correct. an arbitration agreement is a contract to submit the differences between the parties to a tribunal of their choice, and as a company has a legal personality of its own, and has the power to enter .....

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Sep 30 1970 (HC)

Pannalal and anr. Vs. Ramnarayan and anr.

Court : Rajasthan

Decided on : Sep-30-1970

Reported in : AIR1971Raj294; 1970(3)WLN729

..... behalf so as to challenge the finding of the lower court. there there was no plea left for ramnaravan sharma to refuse specific performance of the contract. 19. learned counsel for the appellants challenged the finding of the court below with regard to the payment of rs. 1000/- on 13th june ..... this decision applies with full force to the facts and circumstances of the present case. 17. here too, though there is no privity of contract between the appellants and sheo sahai but as the appellants are the representatives-in-interest of ramnarayan in whose favour sheo sahai had made an ..... on the parties and that such an option becomes assignable and an assignee of the vendor will be entitled to claim specific performance unless the contract itself prohibits the assignment, or it has been stipulated therein that the benefit of repurchase could be claimed only by the vendor or by ..... at which the option was to be exercised and the price which was to be paid for the property were specified. there was consideration for the contract because venkatapathi, by the sale of 27th january. 1891, obtained possession of the property, and venkatasubrahmanya received rs. 10,000/- besides acquiring the right ..... v. munuswami, air 1928 pc 174. their lordships observed with regard to the counterpart agreement that, 'all the elements necessary to constitute a contract were present. there was an undertaking on the part of ven-katapathi to reconvey the village to venkatasubrahmanya and krishnaswami in the event of their .....

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Apr 01 1970 (HC)

Sugan Chand Vs. the Transport Appellate Tribunal and ors.

Court : Rajasthan

Decided on : Apr-01-1970

Reported in : AIR1971Raj186; 1970(3)WLN511

..... of the letters of the respondent no. 3 dated 19-1-67 and 20-1-67 (annexures 4 & 5) reveal that the respondent no. 3 initially stated that she had contracted to purchase a vehicle and that she intended to purchase it after the grant of permit and that her subsequentstatement that her motor vehicle was lying idle, was not accurate ..... -1-67 (annexure 4). in this letter, it was stated-'that the applicant as prepared to engage bus within 15 days of the grant of permit as she has already contracted with a party to purchase his bus, but the bus would be got transferred in the applicant's name when the permit is granted, otherwise she is bound to suffer .....

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Jul 31 1970 (HC)

Sire Kunwar and ors. Vs. Dilkhush Lal

Court : Rajasthan

Decided on : Jul-31-1970

Reported in : 1970WLN424

..... conclusion is that there was collusion between dilkhushlal and jalamsingh.13. collusion has not been defined anywhere but it is now well established that collusion is a deceitful agreement or contract between 2 or more persons, to do some act in order to prejudice a third person or for some improper purpose. it is undoubtedly a secret arrangement for which it ..... him to enter the contract:(1) the suggestion as a fact of that which is not true by one who does not believe it to be true;(2) the active concealment of a fact by ..... can be obtained on the ground of fraud and/or collusion. fraud has been defined in section 17 of the indian contract act thus:17. 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce .....

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