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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1973 Page 1 of about 16 results (0.019 seconds)

Feb 15 1973 (HC)

Narayan Singh Vs. Chhatarsingh and anr.

Court : Rajasthan

Decided on : Feb-15-1973

Reported in : AIR1973Raj347; 1973()WLN128

..... a defendant debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion. so, if the sum recoverable became zero, owing to the decree being reversed, the surety's liability would also be ..... the decree is allowed to be executed against the surety judgment-debtor be-cause after its satisfaction the principal judgment-debtor shall be required under the contract act to reimburse the surety. this process, if allowed, would ultimately deny the benefits of the act to the principal debtor who is otherwise en ..... any benefit out of the provisions of the act, then those benefits would automatically enure for the benefit of the appellant as his liability under the contract could not be assessed more than that of the principal debtor- i agree with the remarks of spencer, j. referred to above that the surety ..... liability of a surety is co-extensive with that of the principal debtor unless it is otherwise provided for ..... an illustration of the effect ofsection 128, contract act occurs in shek suleman v. shivram bhikaji. (1888) ilr 12 bom 71 where it was observed that if an amount recoverable by a plaintiff, from ..... of that relief 4. the argument of learned counsel for the decree-holder is that the liability of a surety under section 128 of the contract act is co-extensive with that of the principal debtor only to the extent to which the decree is not passed by a competent court, .....

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Mar 09 1973 (HC)

State of Rajasthan Vs. Raghunath Singh

Court : Rajasthan

Decided on : Mar-09-1973

Reported in : AIR1974Raj4; 1973()WLN424

..... party. it is true that section 175(3) uses the expression 'executed' but that does not by itself contemplate execution of a formal contract by the contracting parties. a tender for purchase of goods in pursuance of an invitation issued by or on behalf of the governor-general of india and acceptance ..... not abrogate other laws which are for the time being in force in the state of rajasthan. for instance, a minor is not competent to contract under the contract act. surely, no mining lease can be granted under the minor mineral concession rules. 1955, to a minor even though there is no ..... competence of the union or as the case may be of the state. similarly, the holding, acquisition and disposal of property and the making of contracts by the union or state can be for any purpose without constitutional impropriety. at the same time the revised article provides that this extended executive ..... 1955, but it was certainly an executive function of the state. the director of mines and geology only acted on behalf of the state and the contract must, therefore, be expressed as required by article 299 of the constitution. according to article 246 of the constitution, 'regulation of mines and mineral development ..... of the code of civil procedure to the state government and claimed a sum of rs. 70151-5as-3p as damages for breach of the contract. the particulars of this amount are as depositrs.3100/-2.first quarterly instalmentrs.1550/-3.preliminary expenses in demarcation .....

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Feb 13 1973 (HC)

The State of Rajasthan Vs. Motiram

Court : Rajasthan

Decided on : Feb-13-1973

Reported in : AIR1973Raj223; 1973()WLN132

..... . cheong yue steamship co- ltd.. (1926) ac 497 at p. 510 this result is arrived at by putting a iust construction upon the contract in accordance with an 'implication .....from the presumedcommon intention of the parties.'their lordships then observed-'there is no general liberty reserved to the courts ..... turn to the question whether on account of changed circumstances the plaintiff was entitled to increased rates on the basis of quantum meruit even though the contract was not frustrated and it continued to be binding on the parties. in this connection, the learned counsel for the plaintiff strongly placed reliance ..... that under the terms of the agreement the plaintiff is not entitled to enhanced rates.16a. the next question that arises is whether the contract was frustrated on account of subsequent change in the circumstances and uncontemplated turn of events. clause 13 in clear terms lavs down that alterations ..... on the other hand, it is argued on behalf of the plaintiff that because clause 16 is incorporated in 'particular specifications' for the disputed contracts and clause 13 is incorporated in 'general conditions'.the former abrogates the latter so far as it relates to extra or additional items of work ..... , even then they are of no consequence. both these officers were the agents of the government and they were deputed to look after the contract works. they had no authority to give assurance for payment at enhanced rates and this fact was within the knowledge of the plaintiff. no .....

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Aug 30 1973 (HC)

Pakharsingh Vs. Kishansingh

Court : Rajasthan

Decided on : Aug-30-1973

Reported in : AIR1974Raj112; 1973()WLN630

..... . burjorji dhunjibhai, air 1915 pc 83:-- 'under that law equity, which governs the rights of the parties in cases of specific performance of contracts to sell real estate, looks not at the letter but at the substance of the agreement in order to ascertain whether the parties, notwithstanding that ..... they again fixed a time in the second agreement. that sufficiently indicates that both the parties intended time to be the essence of the contract the learned counsel further contends that the fact that both the agreements contain a default clause to the effect that if the purchaser did not ..... registration of the sale-deed was to be completed leads to the inference that the time was the essence of the contract. he further contends that in the first agreement the parties thought it necessary to specify the time and after that agreement was superseded by ..... mr. h. m. parikh, the learned advocate for the defendant-appellant, contends that, in the present case, time was the essence of the contract. he read out to me the two agreements exhibit 1 and exhibit 2. according to him, the stipulation fixing a particular date or time before the ..... first appeal bythe defendant pakharsingh is directedagainst the judgment pf the additionaldistrict judge, sri ganganagar, decreeing the plaintiff's suit for specific performance of the contract. the defendant-appellant pakharsingh was the owner of the agricultural land measuring 91/2 bighas situate in village chak no. 1-kk fully described in para .....

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Nov 02 1973 (HC)

Milkiyat Singh Vs. Kakasingh and ors.

Court : Rajasthan

Decided on : Nov-02-1973

Reported in : 1973(6)WLN821

..... payable. all that the plaintiff would be entitled to is a reasonable compensation subject to the amount named therein being the maximum (see section 74 of the contract act). the question, therefore, arises whether a sum of rs 4000/-in the present case is a reasonable compensation. the answer is not far to seek. ..... to section 21 of the specific relief act, 1963, provides that in such a case the court is not precluded from awarding damages for breach of contract.4. the question that now arises is whether the plaintiffs are entitled to a sum of rs 4000/- by way of damages. it is strenuouly contended ..... rs. 4000/-claimed by them in the plaint. the trial court has found that the plaintiffs were remedy and willing to perform their part of the contract and they never refused to get the sale-deed executed and registered. this finding has not been challenged before me by the learned counsel for the ..... in the plaint. they pleaded that the suit agreement being of a later date the plaintiffs were not entitled to a decree for specific performance of the contract. on the pleadings of the parties, the lower court framed the following issues:1. whether a sum of rs. 4000/-mentioned in the agreement was ..... -deed regitered. the plaintiff-vendees therefore instituted the suit cut of which this appeal has arisen on 20-2-68 against the vendor for specific performance of the contract for sale. they also claimed, in the alternative, rs. 400/- as damages and the return of rs. 4000/- paid to the vendor by way of .....

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Aug 16 1973 (HC)

Permanand and anr. Vs. Smt. Anandi Bai and ors.

Court : Rajasthan

Decided on : Aug-16-1973

Reported in : AIR1974Raj65; 1973()WLN643

..... at the house of dharamdas. section 106 of the transfer of property act reads as follows:--'section 106. duration of certain leases in absence of written contract, or local usage. in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from .....

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Apr 05 1973 (HC)

Umrao Mal Vs. Heera Lal

Court : Rajasthan

Decided on : Apr-05-1973

Reported in : AIR1973Raj337; 1973()WLN357

..... to in the course of the discussion that follows.9. i will first read relevant provisions of the transfer of property act. section 106 provides :'in the absence of a 'contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year; terminable .....

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Oct 30 1973 (HC)

Shrikishan Vs. Bhanwarlal

Court : Rajasthan

Decided on : Oct-30-1973

Reported in : AIR1974Raj96; 1973()WLN778

..... it, but their liability is limited to their share in the joint family property. apart from that, even where the sons are joint with their father and debts have been contracted by the father for his personal benefit, the sons are liable to pay the debts provided they are not incurred for an illegal or immoral purpose. the liability to pay ..... the debts contracted by the father, though for his own benefit arises from an obligation of religion and piety. the pious obligation of the sons to pay the ancestor's debt to the .....

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Aug 29 1973 (HC)

Rameshwarlal and anr. Vs. Balabux Tamra

Court : Rajasthan

Decided on : Aug-29-1973

Reported in : AIR1974Raj158; 1973()WLN677

..... 10. in my opinion in the circumstances of the case the plaintiff is entitled to the loss suffered by him in consequence of the breach of contract. doubtless the plaintiff is entitled to recover the earnest money amounting to rs. 5,000/- as also the interest thereon, as the defendants must ..... he must have been deriving advantage from that amount throughoutthis period. in the absence therefore of any proof of damage arising from the breach of the contract, we are of opinion that the amount of rs. 1,000/- (earnest money) which has been forfeited and the advantage that the plaintiff ..... claiming compensation must prove the loss suffered by him.'section 74, therefore, contemplates that where loss in terms of money on account of breach of contract can be ascertained in accordance with the established rules, the party claiming compensation must prove the actual loss. if it fails to prove the actual ..... is entitled, 'whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation' subject to the amount named therein being the maximum, the expression 'the party complaining of the breach is entitled, whether or not actual ..... 10,00,0/-. on appeal, the defendant-appellants did not challenge the trial court's finding that the defendants were responsible for the breach of contract. the only point that was urged before the appellate court was that the plaintiff was not entitled to recover the amount of rs. 5,000/- .....

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Oct 18 1973 (HC)

Jawan Mal Vs. Gaj Singhji

Court : Rajasthan

Decided on : Oct-18-1973

Reported in : AIR1974Raj184; 1973()WLN756

..... fact that the repairs were effected after notice to the lessor. this contention is, in my opinion, devoid of force. all the clauses under section 108 are subject to a contract to the contrary. it has already been pointed out in the previous judgment of this court dated 15-12-1972 that the rights of the parties in this respect will ..... bound to disclose. this would amount to change of the defendant's case. moreover clause (a) (a) of section 108 of the transfer of property act is subject to a contract or legal usage to the contrary. learned counsel for the plaintiff was at pains to point out that there was no common law warranty or express warranty as mentioned in ..... any notice was issued to the plaintiff as prescribed under this clause and further that section 108 of the transfer of property act is subject to a contract to the contrary. as regards the contract it was held that it hadnot been pleaded that the damage which was got repaired was attributable to fair wear and tear, nor it had been pleaded .....

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