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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1972 Page 1 of about 15 results (0.014 seconds)

Aug 11 1972 (HC)

Mst. Kamala Devi Vs. NavIn Kumar and anr.

Court : Rajasthan

Decided on : Aug-11-1972

Reported in : (1972)IILLJ585Raj; 1972()WLN541

..... following clause :--'the company may at its own option (a) arrange for representation at any inquest or fatal inquiry in respect of any death which may be the subject of indemnity under this section and (b), undertake the defence of proceedings in any court of law in respect of any act or alleged offence causing or relating to any event which ..... may be the subject of indemnity under this section'.from the above clause it is clear that the company has reserved the right to defend the action in the name of the assured.7. i accordingly ..... policy, being one of the following conditions, namely (i) a condition excluding the use of vehicle--(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organized racing and speed testing, or(c) for a purpose not allowed ..... being carried in the vehicle;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, ............... compensation can be claimed in respect of file death of or bodily injury to employees including driver not exceeding six in number, being carried in the vehicle.5 .....

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Dec 21 1972 (HC)

Firm Ram Bhagat Somani and anr. Vs. Firm Kanhaiyalal Jai NaraIn Tambi

Court : Rajasthan

Decided on : Dec-21-1972

Reported in : 1972WLN1045

..... it is not easy to reconcile with the ordinary rules of law a construction which enables the promisor to better his position under his contract by neglecting to perform a statutory duty imposed upon him with regard to its performance.after discussing some indian decisions their lordships observed:their lordships ..... of the appellants was rightly overruled.8. their lordships observed:the point, at first sight, appears to be exceedingly short. it is true the contract does not say where messrs. jeetmull are to pay, but it does say, by an implication which is indisputable, that they are to pay messrs ..... company might lose owing to the failure or suspension of payment of constituents. accordingly, one point only arose, namely, whether the part of this contract relating to payment was performable by messrs jeetmul in rangoon. if it was, there was jurisdiction in the court to entertain the suit and the objection ..... incorporated company and had been carried on under a memorandum dated the 10th december, 1911, and signed in calcutta. it is c1.2 of that contract that expressed messrs. jeetmull's obligation to pay in the present case, and it said that messrs jeetmul were to make good any undisputed claims ..... court in firm bilasrai mannalal v. firm purshottam dass sanwaldas and anr. that when the transactions about which the parties had entered into a contract had come to an end the relationship of debtor and creditor was created between them in respect of the amount remaining due from one pan .....

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Nov 21 1972 (HC)

Roshanlal Vs. Kailash Prasad

Court : Rajasthan

Decided on : Nov-21-1972

Reported in : AIR1973Raj141; 1972()WLN931

..... 13 of the act may be considered. the section begins with a non-obstante clause. it is laid down that notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the ..... 1950.28. the term 'tenant' has been defined in section 3 (vii) to mean the person by whom the rent is. or but for a contract express or implied would be, payable for any premises and includes any person holding or occupying the premises as a sub-tenant, or any person continuing in ..... by a tenant whose tenancy is determined is by virtue of the protection granted by the statute and not because of any right arising from the contract which is determined. the statute protects his possession so long as the conditions which justify a lessor in obtaining an order of eviction against him do ..... premises by a tenant whose tenancy is determined is by virtue of the protection granted by the statute and not because of any right arising from the contract which is determined. the statute protects his possession so long as the conditions which justify a lessor in obtaining an order of eviction against him do ..... to 'otherwise assenting to the lessee continuing in possession'. of course, there is no prohibition against a landlord entering into a fresh contract of tenancy with a tenant whose right of occupation is determined and who remains in occupation by virtue of the statutory immunity. apart from an express .....

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Nov 09 1972 (HC)

The Jaipur Spinning and Weaving Mills Ltd. Vs. the State of Rajasthan ...

Court : Rajasthan

Decided on : Nov-09-1972

Reported in : 1972WLN1097

..... a workmen in the circumstances when he is not required to work and when he cannot, as of right, claim to discharge his duties under the contract of service as long as the lock out is not lifted, will definitely fall within the ambit of the expression 'trespass'. i find it difficult to ..... the mill is suspended. the workman cannot, during the course of lock-out, claim to enter the premises of the mills to discharge his duties under the contract of service.25. in chelpark company ltd. v. the commissioner of police, madras and ors. : (1967)iillj836mad it has been held by that court ..... because the temporary suspension of work brings within its wake' the termination of that link between the matter and servant to discharge his duties under the contract of service and, therefore, the employee cannot claim as of right that he would go to the place of working and would wait to discharge his ..... right to demand wages for the work done by him for his employer and he is under an employee as demanded by his employer under the contract of employment. during the period of lock-out, the employer refused to take work temporarily from his employees and, therefore, his corresponding liability to discharge ..... his duties under the contract gets suspended and it is in this light that the links in that chain of relationship of employer and an employee are broken. in this state .....

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Sep 25 1972 (HC)

Sahib Zada Adbul Bais Khan Vs. Budh Singh Bapna

Court : Rajasthan

Decided on : Sep-25-1972

Reported in : AIR1973Raj201; 1972()WLN908

..... but on account of past services or particular merits or as compensation to dethroned princes, their families and dependants'. as against this where as a result of some 'treaty obligation contracted with another sovereign power' periodical payment is made it would be a political pension in the strictest sense. the question is whether the grant to the appellant sahibzada is a ..... mirza. (1888) 16 ind app 175 (pc) their lorships held that a pension which the govt of india had given a guarantee that it would pay, by a treaty obligation contracted with another sovereign power, it appeared to their lordships to be in the strictest sense, a political pension. the obligation to pay. as well the actual payment of the pension ..... 181 fpc) their lordships of the privy council considered about a monthly allowance which the government of india had given a guarantee that it will pay by a treaty obligation contracted with another sovereign power. malka jahan was the principal consort of mohammad ali shah, the last king of oudh. the king in (1838?) advanced rs. 17,00.000 to the .....

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Dec 01 1972 (HC)

Bhanwar Lal Vs. Hibatullah

Court : Rajasthan

Decided on : Dec-01-1972

Reported in : 1972WLN943

..... p. kurup air 1956 tc 1 and niranjan singh v. shri bhagwan ram . here, to my mind, there was no question of the party making any contract in derogation of the protective provisions of the statute. it is a case of surrender of tenancy rights. the protection against eviction is provided by section 13 of ..... prejudice his case, if otherwise he has any.20. now, finally, i may deal with question whether it can be said that the tenant could not have contracted out of the protective provisions of section 13 of the act. learned counsel relied on some observations in v.b. raju v. k. avatharam : air1965ap86 k. ..... of section 111 of the transfer of property act is based on the bilateral act of the landlord and the tenant. it partakes the character of a contract between the parties, one party surrenders and the other party accepts the surrender. such a surrender may be express as contemplated by clause (e) of section ..... in a person occupying two positions at one and the same time, namely, a mortgagee in possession and a lessee but whether the enjoyment under the two contracts is inconsistent with each other or not. where it is, having regard to the terms of both of them, then, to my mind, the only ..... if there be an implied surrender, for express surrender was not there, then such a surrender cannot be enforced by the court as the tenant cannot contract out of the protective provisions under section 13 of the act. learned counsel took the position that in the present case the relationship of landlord and .....

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Feb 11 1972 (HC)

Maratha Mandir Ltd. Vs. Official Liquidator, Golcha Properties (P) Ltd ...

Court : Rajasthan

Decided on : Feb-11-1972

Reported in : 1972WLN70

..... given to pay the contractual rent when due along with taxes punctually the company will be deemed to be willing to perform its part of the contract. this in our opinion is a matter which requires some consideration and it cannot be said that the contention of the appellants in this behalf is ..... or in dealings with parties in british east africa, there was invariably included a force majeure clause of a particular kind.in our opinion, the contract was not void for vagueness or uncertainty by reason of the reference in the terms stated, to the force majeure clause.whether the agreement for the ..... to give a meaning, if possible....applying these tests to the present case and in the light of the provisions of section 29 of the indian contract act, it is clear that the clause impugned is capable of being made certain and definite by proof that between the parties or in the trade ..... something which is invariably to be found in contracts of a particular type. commercial documents are sometimes expressed in language which does not, on its face, bear a clear meaning. the effort of courts is ..... . this however cannot be said to make the agreement vague. in m/s. d. gobindram v. m/s shamji k & co. : [1961]3scr1029 the contract was entered into subject to the 'usual force majeure clause.' it was observed by their lordships of the supreme court-the addition of the word 'usual' refers to .....

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Mar 14 1972 (HC)

The Regional Director, Employees State Insurance Corporation Vs. the A ...

Court : Rajasthan

Decided on : Mar-14-1972

Reported in : 1972WLN215

..... ' under the act. i may, therefore, read that sub-clause:section 2(22) 'wages' means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or .....

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Feb 09 1972 (HC)

State of Rajasthan Vs. Mohanlal Ratanlal

Court : Rajasthan

Decided on : Feb-09-1972

Reported in : [1973]30STC148(Raj); 1972()WLN141

..... such dealer that the goods in question are specified in the purchasing dealer's certificate of registration as being required for resale by him or in the execution of any contract:provided that no dealer whose certificate of registration has not been renewed for the year during which the purchase is made shall make such a declaration and that the selling .....

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Jan 06 1972 (HC)

Santlal Vs. Harbanssingh

Court : Rajasthan

Decided on : Jan-06-1972

Reported in : AIR1972Raj228; 1972()WLN1

..... here to extract the language of section 13 to the extent it is material for our purposes:'section 13 -- eviction of tenants.(1) notwithstanding anything contained in any law or contract no court shall pass any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant, so long as he is ready and willing .....

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