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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1974 Page 1 of about 14 results (0.014 seconds)

Feb 15 1974 (HC)

State of Rajasthan and anr. Vs. Kamalsingh and ors.

Court : Rajasthan

Decided on : Feb-15-1974

Reported in : 1974WLN(UC)272

..... which is due to his own neglect. the loss to the defedants could have been ascertained only if the divisional forest officer had resold the contract for the remaining period. i am therefore of the opinion that the state of rajasthan had failed to prove that it suffered any loss on ..... was given to the plaintiff but even then the amount of instalments was not deposited. the divisional forest officer acting under this rule cancelled the contract. the learned additional district judge after referring to rule 19 ignored it by saying that it was a general rule and cannot be applied in ..... issued notice to the plaintiff to deposit the balance of the contract money and he was also threatened that in case of failure to deposit the amount proceedings under the rajasthan land revenue act would be initiated to ..... deposit the third instalment of rs. 7501/- on plaintiff's failure to deposit the two instalments, on due dates, the divisional forest officer cancelled the contract on 7.6.65 and preheated the plaintiff from collecting gum produce for the remaining period ending on 30.9.65. the divisional forest officer thereafter ..... , baran, dated 8.11.71 in a suit for damages and permanent injunction.2. the state of rajasthan through its divisional forest officer auctioned the contract of extracting gum produce from the forest of the range chhipabarod. district (sic) for the year 1964-65. the highest bid of rs. 22501/- .....

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Oct 18 1974 (HC)

Yash Deva Vs. Mayo College

Court : Rajasthan

Decided on : Oct-18-1974

Reported in : 1974WLN903

..... )(i) to (ii):to decide the controvery, it may be useful to reproduce the relevant portion of section 13:eviction of tenant : (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or mike any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as be .....

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Oct 10 1974 (HC)

Yash Deva Vs. Mayo College, Ajmer

Court : Rajasthan

Decided on : Oct-10-1974

Reported in : AIR1975Raj111

..... ) to (ii). 16. to decide the controversy, it may be useful to reproduce the relevant portion of section 13:- 'eviction of tenant: (1) 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 tenant so long as he .....

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May 09 1974 (HC)

State of Rajasthan Vs. Balmukand

Court : Rajasthan

Decided on : May-09-1974

Reported in : 1974WLN367

..... it is opposed to public policy under section 23 of the act, the parties setting up the plea must prove by clear and satisfactory evidence that the contract was supported by a prohibited consideration. in ghorulal prakash v. mahadeodas maiya and ors. : air1959sc781 subba rao, j speaking for the court, quoted with ..... by a court of law. it is, therefore, not possible to accept the contention of the leraned counsel for the liquor contractors that the contracts entered into either under the guarantee system or under the exclusive privilege system by them with the state government were void and they were opposed to ..... the learned advocate general is that the amount which was being realised from the respondents was not the excise duty at ail but is was the contract amount called the guaranteed amount and it was in the nature of excise revenue as distinguished from excise duty. repeating the argument adopted by the ..... of section 31 of the act cannot be accepted. the excise commissioner was duly authorised to prescribe the form c.l. (1) a and the contract entered into by the petitioners with the state government on the aforesaid form, is not illegal or invalid in any manner.(b) those relating to ..... board of revenue that as chapter viia was introduced in the rules on february 2,1963. the guarantee system envisaged thereby could not govern the contracts prior to it. it was also submitted that forcing the liquor contractors to lift the minimum supply of liquor amounted to their being compelled to .....

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Mar 07 1974 (HC)

MartIn and Harris Pvt. Ltd. Vs. Prem Chand

Court : Rajasthan

Decided on : Mar-07-1974

Reported in : AIR1974Raj136; 1974(7)WLN140

..... answer to the first question is therefore as follows:-- 'section 19-a of the act requires that every tenant snail pay rent within the time fixed by contract or in the absence of such contract, by fifteenth day of the month next following the month for which it is payable and where the landlord does not accept the rent tendered to him ..... ruling that section 19-a was introduced in the act. clause (i) of it lays down that every tenant shall pay rent within the time fixed by contract or in the absence of such contract by the 15th day of the month next following the month for which it is payable. clause (2) lays down that where the landlord does not accept ..... 1965 with effect from june 9, 1965. it reads,--'19-a. deposit of rent by tenant-- (1) every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable.(2) where the landlord does not accept any rent tendered by ..... first sub-section of section 19-a specifies the time when the rent is payable. it provides that the contract shall be respected in regard to the time fixed thereby for the payment of rent but in the absence of a contract, rent is payable by a tenant by the fifteenth day of the month next following the month for which it .....

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Jan 10 1974 (HC)

Bank of Baroda Vs. Krishna Ballabh and ors.

Court : Rajasthan

Decided on : Jan-10-1974

Reported in : AIR1975Raj1

..... debtor, to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities entered into without the knowledge of the surety having a right to have those securities transferred to him, though ..... its construction specially when the language of the section is doubtful. doubtful sections justify reference to illustrations appended to them. relevant illustrations appended to section 141 of the contract act are (a) and (b). they run as under:--'illustrations- (a) 'c' advances to 'b', his tenant, 2,000 rupees on the guarantee ..... the securities separately given by the debtor to secure separate debts,10. the question that arises for consideration is whether under section 141 of the contract act, a surety undertaking to pay the amount due to the creditor under a particular debt or account, is entitled to the benefit of ..... to the benefit of every security which the creditor has against the principal debtor provided such security was in existence at the time of the contract of the suretyship, according to this section, the surety is entitled to the benefit of every security irrespective of the fact whether the surety ..... 's securities.-- a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and if the creditor loses, or, without .....

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May 07 1974 (HC)

Commissioner of Income-tax Vs. Keshri Singh and anr.

Court : Rajasthan

Decided on : May-07-1974

Reported in : [1977]106ITR184(Raj)

..... to the assessee. in these circumstances it was held by the calcutta high court that notwithstanding the fact that the sum of rs. 10,000 was not paid under any contract to employ the assessee nor the persons, who paid the the said sum to him, were under any legal liability to do so, yet it was clear that the said ..... by col. keshri singh in connection with the investment made by the maharaja of jaipur and that the payment was not made to col. keshri singh in pursuance of any contract entered into between the tata company with him or the firm.9. the appellate tribunal upheld the finding recorded by the appellate assistant commissioner that the payment of rs. 1 ..... on some misconception and stated as to how he got interested in the matter without any monetary inducement having been offered to him by anybody and that there was no contract for the engagement of the services of the firm or of col. keshri singh by the company orfor payment of any amount by way of brokerage. he further averred that ..... firm that it never contacted messrs. belpahar refractories ltd. prior to or at the time of issue of share capital, offering its services to the company as brokers, nor any contract was entered into between the company and the firm for securing the share capital for the company to the tune of rs. 100 lakhs. it was submitted that the resolution .....

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Jan 14 1974 (HC)

Bank of Baroda Vs. Krishna Ballabh and ors.

Court : Rajasthan

Decided on : Jan-14-1974

Reported in : 1974WLN23

..... principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract, but even by means of securities entered into without the knowledge of the surety having a right to have those securities transferred to him, though ..... construction specially when the language of the section is doubtful. doubtful sections justify reference to illustrations appended to them. relevant illustrations appended to section 141 of the contract act are (a) & (d). they run as under:(a) c advances to b, his tenant, 2,000 rupees on the guarantee of a. ..... the securities separately given by the debtor to secure separate debts.8. the question that arises for consideration is whether under section 141 of the contract act, a surety undertaking to pay the amount due to the creditor under a particular debt or account, is entitled to the benefit of the ..... to the benefit of every security with the creditor has against the principal debtor provided such security was in existence at the time of the contract of the suretyship. according to this section, the surety is entitled to the benefit of every security irrespective of the fact whether the surety ..... creditor's securities --a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and if the creditor loses, or, without .....

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Apr 03 1974 (HC)

Harishchandra and anr. Vs. Kailashchandra and anr.

Court : Rajasthan

Decided on : Apr-03-1974

Reported in : AIR1975Raj14; 1974(7)WLN440

s.n. modi, j. 1. this first appeal by the defendants is directed against the judgment and decree of the additional district judge no. 1, jaipur city, dated 30-1-71 granting a decree for rs. 10,993.25 in favour of the legal representatives of deceased-plaintiff shivballabh. 2. the facts giving rise to this appeal are these; deceased-plaintiff shivballabh and defendant-appellant harinarain were running certain concerns in partnership. differences arose between the partners with the result that on 30-9-52 it was agreed to dissolve the partnership in respect of all the concerns with effect from 1-10-52. a deed of dissolution was executed on 10-10-52 which runs as follows:-- 'whereas it has been agreed to between myself and shri shivballabh mandhana that the partnership business carried on under the name and style of rajasthan textile industries shall be dissolved with effect from 1st october, 1952, shri harinarain rathi however desires to continue it. the following arrangement has therefore been agreed: (a) that a balance-sheet exhibiting the ' affairs of the business as on 30th september may be drawn up and signed by the partners in token of their acceptance. (b) that shri shivballabh mandhana should agree to leave with shri harinarain rath; assets and stock-in-trade amounting to rs. 12,500 where with to carry on the business. this amount should be in addition to the liabilities of the partnership business as mentioned in the balance-sheet as on 30th september, 1952. (c) that .....

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Sep 30 1974 (HC)

Ramjilal Vs. Ramkishan

Court : Rajasthan

Decided on : Sep-30-1974

Reported in : AIR1975Raj167; 1974(7)WLN919

..... . coming to the rajasthan act, we would here reproduce the relevant part of section 13, which is as under :--'eviction of tenant-- (1) 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 tenant so long as he ..... the act will become applicable. section 13 will come into play. from the plain reading of section 13 it is absolutely clear that notwithstanding anything contained in any law or contract, no court shall pass any decree in favour of a landlord whether in execution of a decree or otherwise for the purpose of evicting the tenant, so long as he .....

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