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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1971 Page 1 of about 13 results (0.018 seconds)

May 14 1971 (HC)

Shankarlal Vs. Chimanlal and ors.

Court : Rajasthan

Decided on : May-14-1971

Reported in : 1971WLN163

..... as well as the defendants. the above suit was decreed only against the plaintiffs but was dismissed against the defendants because it was held that there was no privity of contract between the maharaja of kishengarh and the defendants. maharaja of kissinger in execution of the decree recovered from the plaintiffs rs. 7000/- on 26th april, 1968, rs. 4000/- on 3rd .....

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Sep 10 1971 (HC)

Maliram and ors. Vs. Jagmohan and ors.

Court : Rajasthan

Decided on : Sep-10-1971

Reported in : 1971WLN632

..... his representative character as heir that the plaintiff can be made liable to such refund, and that liability depends, it appears to us upon whether there was an implied contract of warranty or indemnity as to the title co sell the village between subbaraya and the 1st defendant's father. that is a question which must, we think, be left for determination ..... undivided coparcener with the incidental right of partition and the transferee was not entitled to more than the moiety of the village lands which were alone the subject of the contract of sale. it was contended on behalf of the alienee that the plaintiff had succeeded as heir to the share of subaraya in the rest of the family property and .....

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Apr 14 1971 (HC)

The Mewar Textile Mills Ltd. Vs. Sita Ram Basanti Lal Jain.

Court : Rajasthan

Decided on : Apr-14-1971

Reported in : 1971WLN200

..... and the consignee obtained delivery of the goods from the railway not by retiring the bill and producing the railway receipt but by giving a letter of indemnity to the railway.16. in mussadi lal v. union of india (supra) though the railway receipt was drawn in the name of the consignee it was ..... as found by the learned district judge show that they had been charging interest at the rate of 9% from each other. section 221 of the contract act fully governs the case. the lower court has rightly decreed the suit. i do not find force in the contentions raised on behalf of the ..... court in harilal v. pehladrai & co. (supra) after quoting the above passage observed that 'this precise statement is not found in the indian contract act, but the indian contract act is not exhaustive and speaking for myself, this provision appears to me to be good sense'. it was a case where the agents were ..... pass to the company until it paid for the goods. bowstead on agency (thirteenth edition) in article 82 at page 239 states:where an agent by contracting personally, renders himself personally liable for the price of goods brought on behalf of his principal, the property in the goods as between the principal and the ..... the defendant. but the question as to when property in the goods passes depends upon the intention of the parties having regard to the terms of the contract, their conduct and the circumstances of the case. sections 20 & 24 of the sale of goods act jay down the rules for ascertaining the intention .....

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Jul 29 1971 (HC)

Deen Bandhu Chaudhary Vs. the Authority Under Payment of Wages Act and ...

Court : Rajasthan

Decided on : Jul-29-1971

Reported in : 1971WLN381

..... fulfilled, is one such claim which can fall within the ambit of section 15(2). when the definition of wages was expanded to include cases of sums payable under a contract, instrument or law it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have to be inquired into and which ..... imply merely contractual terms of employment and would in the ordinary meaning of that expression include payments which it is the duty of the employer to pay whether under a contract or a statute or an award or settlement. in view of the language of section 10 of the bonus act, and the use of the phrase 'under the terms of ..... of this act shall have effect notwithstanding anything inconsistent therewith contained in other law for the time being in force or in the terms of any award, agreement, settlement or contract or service before the 29th may, 1965.8. learned counsel for the petitioner contends that 'wages' does not include bonus in as much as it is not an additional remuneration ..... employment (whether called a bonus or by any other name)(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum whether with or without deductions, but does not provide for the time within which the payment is to be made .....

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Jul 09 1971 (HC)

The State of Rajasthan Vs. Khan Bahdur Hormuji Naneckji Dossabhoy Horm ...

Court : Rajasthan

Decided on : Jul-09-1971

Reported in : 1971WLN(UC)31

..... 50, but the government refused to refund the amount depsite repeated demands. the defendant took the plea that the plaintiffs had committed a breach of contract and therefore the security stood forfeited. the following issues were framed:(3) are the plaintiffs disentitled to the refund of the security deposit of ..... not exercise the said option and did not intimate the plaintiffs that they were at liberty to remove the plant on the termination of the contract. on the contrary the correspondence established beyond doubt, that the plaintiffs all along requested the government to purchase or take over their plant ..... did not ask the plaintiffs to remove the plant., had the defendant allowed the plaintiffs to remove the plant at the termination of the contract the stand of the defendant in all the correspondence should have been different. the defendant's assertion in written para 17 that the defendant ..... 10,000/- in cash or government promissory notes or securities approved by the darbar as securities for the due performance of the terms of his contract. notes or other securities must before they are deposited, be endorsed in favour of the finance minister, jaipur.13. premises are already electrified. ..... supply liquor for the period from 1st july 1943 to 31st august, 1950, the outgoing contractors were m/s karnal distillery ltd. the contract in whose favour was terminated. it was stated in ex 27 that the successful bidder will instal his own distilling plant within the distillery premises .....

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Jan 29 1971 (HC)

State of Rajasthan Vs. Baijnath Prasad Gulab Singh

Court : Rajasthan

Decided on : Jan-29-1971

Reported in : 1971WLN(UC)5

..... will be final. this note purports to bar the signature if the executive engineer. this note is however not in accordance with the printed conditions of contract contained in tender form 'c' under clause 13 of these conditions in the absence of a rate in the schedule of p.w. d rates, ..... the only person to approve of the rate for this additional work under clause 13 of the agreement.7. under clause 6 of the conditions of contract the final certificate of completion of work shall be furnished either by the chief engineer or by the other duly authorised engineer (hereinafter called the engineer- ..... the rate provided under this item is not a rate for extra lead beyond 200 ft but it includes cartage within that distance. according to the contract, the cost of carrying and dumping the spoil within a distance of 200 feet was already included rs. 70 per 1000 eft offered by the contractors. ..... of rs. 20, 623 - has been deducted from their final bill as charges towards the use of machinery employed by messrs. baijnath prasad and company under contract no. 73. they thus claimed a decree for rs. 82, 809. 24 with pendente little and fute interest. the defendant admitted that the plaintiff's work ..... suit brought by messrs. baijnath prasad gulabsingh plaintiffs against the state of raj for recovery of rs. 82, 809. 48p. the plaintiffs were given a contract for the construction of wasteweir of guda irrigation dam in bundi district under agreement no. 72 dated 15.3.54. the work was rock cutting and dumping .....

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Aug 10 1971 (HC)

Bahadur Vs. Motiram and anr.

Court : Rajasthan

Decided on : Aug-10-1971

Reported in : AIR1972Raj250; 1971(4)WLN334

..... to be exercised in accordance with the terms of the power. the question always is -- was the original transaction a bona fide sale with a contract for repurchase, or was it a mortgage under the form of a sale? in the former case the condition for repurchase is construed strictly against the ..... in case of default the stipulation should be void, the right cannot be enforced if the conditions are not fulfilled according to the terms of the contract, such conditions though relating only to payment of money, are not regarded as a penalty and courts of equity will not afford relief against a forfeiture ..... a specific period, if he pays the necessary amount but there is no corresponding right in the vendee. there is yet another reason for treating contracts of reconveyance of property on a different footing and that is that the uncertainty in the title of the vendee which is introduced by the indulgence ..... is an option of repurchase of immovable property once sold form an exception to the equitable rule, that time is not the essence of the contract and where a time limit has been laid down in the agreement of repurchase, and where there is no question of mutual obligation the exceptional ..... with full knowledge of its contents. the claim for specific performance was refuted on the ground that the plaintiff had not performed his part of the contract and had never offered the defendant the balance of the sale price, namely rs. 1000/- nor hadever called upon the defendant to execute the sale .....

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Jul 21 1971 (HC)

Smt. Naraini Vs. Pyare Mohan

Court : Rajasthan

Decided on : Jul-21-1971

Reported in : AIR1972Raj25

..... that the past cohabitation was adulterous as provided in section 497 of the indian penal code- the plaintiff has not come forward to enforce a contract the validity of which the defendant was impugning. the question is whether an out and out transfer by gift already effected in lieu of ..... be deemed to be illegal, even though under certain circumstances it may be immoral. in my opinion there is a clear distinction between a mere contract to pay an allowance in future in order that an illicit connection be continued, and a transfer of property in favour of the woman for ..... consideration for immoral and even illegal, cohabitation is a nullity. when the agreement is that parties are to live in adulterous cohabitation in future the contract is obviously illegal, but if in order to compensate the woman for the past illicit connection, the offending party gives her some property i would ..... consideration and the obiect of the agreement to compensate. the learned judge further brought out the distinction between the consideration in the case of a contract to enter into the relationship and the consideration and object in the case of the agreement to compensate and held that past consideration under the ..... be no pleading of the parties raising the issue of illegality and the court is bound to take judicial notice of the nature of the contract or transaction and mould its relief according to the circumstances.' lack of pleading therefore on this point would not preclude the defendant from relying on .....

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Nov 12 1971 (HC)

Firm Sadul Shahr Cotton Ginning and Pressing Factory Vs. the Rajasthan ...

Court : Rajasthan

Decided on : Nov-12-1971

Reported in : AIR1972Raj40

..... against the rajasthan state electricity board (hereinafter to be referred as the board) for recovery of rs. 10,993/- as damages. the suit is founded both on tort and on contract, but the lower court has found that no agreement was executed between the parties, although plaintiff's case was that it had submitted the agreement to the defendant but the ..... same was not returned after completion. the ground ran the basis of contract is not pressed in this court. it was also alleged in the court below that the disconnection was due to the malicious action of shri prishan singh, assistant engineer of ..... framed 15 issues of which issues nos. 2, 3. 4, 5, 6, 8, 10 and 14 are as follows:--'2. whether the deft. sanctioned 125 h. p. power and a contract was executed between the parties to continue the same for 5 years ? 3. whether prishan singh assistant engineer with a mala fide intention to cause harassment to the plaintiff discontinued .....

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Jul 21 1971 (HC)

Smt. Naraini Vs. Pyaremohan

Court : Rajasthan

Decided on : Jul-21-1971

Reported in : 1971WLN488

..... deemed to be illegal, even though under certain circumstances it may be immoral. in my opinion there is a clear distinction between a mere contract to pay an allowance in future in order that an illicit connection be continued and a transfer of property in favour of the woman for ..... for immoral & even illegal cohabitation is a nullity. when the agreement is that parties are to live in adulterous cohabitation in future the contract is obviously illegal, but if in order to compensate the woman for the past illicit connection, the offending party gives her some property i would ..... bigamy, however, is an offence committed both by the married woman and the man. but in the present case the question is not whether such a contract can be specifically enforced in a court of law, but the question is whether an out & out transfer already effected in lieu of a consideration ..... consideration and the object of the agreement to compensate. the learned judge further brought out the distinction between the consideration in the case of a contract to enter into the relationship and the consideration and object in the case of the agreement to compensate and held that past consideration under the ..... be no pleading of the parties raising the issue of illegality and the court is bound to take judicial notice of the nature of the contract or transaction and mould its relief according to the circumstances.lack of pleading therefore on this point would not preclude the defendant from relying on .....

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