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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1975 Page 1 of about 17 results (0.028 seconds)

Mar 14 1975 (HC)

Nathulal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Mar-14-1975

Reported in : AIR1976Raj12; 1975()WLN309

..... their lordships of the patna high court held that a writ of mandamus cannot be issued to compel the authorities to remedy a breach of contract pure and simple. in that case the decisions of their lordships of the supreme court in anglo afghan agencies' case and century spinning and ..... , i am definitely of the opinion that the state government was bound to give a notice to the petitioner of its intention to cancel the contract of collecting 'ratanjot' seeds from the udaipur forest division, and was bound to afford the petitioner a reasonable opportunity of having his say in ..... constitution. the same argument which has been advanced before me was advanced before their lordships of the supreme court in that case, namely that no contract in accordance with article 299 of the constitution was executed and the petitioner had no right 'because the export promotion scheme was merely a set ..... cancel the same nor the petitioner was afforded an opportunity of hearing. learned additional government advocate contends that it was not necessary, because no contract in accordance with the provisions of article 299 of the constitution had come into being and no right had been created in favour of the ..... , 1965 the petitioner submitted an application to the chief conservator of forests, rajasthan praying that he may be allowed to collect and take away on contract basis, like other forest products, 'ratanjot seeds' which are a natural product of the forests in udaipur forest area and which might be used .....

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Nov 14 1975 (HC)

Municipal Council Vs. Sita Ram

Court : Rajasthan

Decided on : Nov-14-1975

Reported in : 1975(8)WLN792

..... (xii) which includes within its ambit a sate for analytic. a sale for analysis must, therefore, be considered as sale even if the transaction contains an element of, impulsion. a contract is brought about by acceptance of a proposal mid by one person to another. the latter is not bound to accept the proposal. it does not, however, necessarily follow hat ..... where the other person has no choice but to accept the proposal, the transaction would not amount to a contract. so when a milk vendor sells to a food inspector milk for analysis, that transaction will be covered by the ambit of the act. the matter is concluded by mangaldas .....

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Apr 21 1975 (HC)

Municipal Board Through Its Chairman Vs. the State of Rajasthan and or ...

Court : Rajasthan

Decided on : Apr-21-1975

Reported in : 1975(8)WLN184

..... from other obligation to each other, but to abrogate it from the beginning and restore the parties to relative positions which they would have occupied had no contract ever been made. the power to rescind as provided in section 21 of the g.c. act, when exercised, would thus mean abrogating the things rescinded from the beginning and ..... come into existence black's law dictionary (at page 1471) defines the word 'rescind' as meaning to abrogate, annul avoid or cancel a contract particularly by nullifying a contract by the act of a party, to declare a contract void in its inception and to put an end to it as though it never were, not merely to terminate it and release party .....

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Aug 22 1975 (HC)

Mohanlal Vs. Dayaldas and Co.

Court : Rajasthan

Decided on : Aug-22-1975

Reported in : AIR1976Raj68; 1975()WLN437

..... per bigha. it is contended by the learned counsel for the defendant that this gain to the defendant has nothing to do with the breach of contract and, therefore, it cannot be taken into consideration while assessing the loss of the vendor defendant. i cannot agree with the contention of the learned ..... 14. in bhai panna singh v. bhai arjun singh, air 1929 pc 179 their lordships of the privy council held,-- 'the effect of section 74, contract act of 1872, is to disentitle the plaintiffs to recover simpliciter the sum of rs. 10,000/-whether penalty or liquidated damages. the plaintiffs must prove ..... should have been assessed at rs. 10,000/-, which amount has been named in the agreement itself. 11. the scope of section 74 of the contract act has come up for scrutiny before the supreme court in various cases. learned counsel appearing on behalf of the plaintiff placed reliance on fateh chand v ..... breach 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 not exceeding the amount so named or, as the case may be, the penalty stipulated for.' the contention of the learned counsel for ..... rs. 23,000/- per bigha and, therefore, he contended that instead of suffering any damages, the defendant has made profits out of this breach of contract. 6. learned counsel appearing on behalf of the defendant-respondent in appeal no. 74 of 1973, however, urged that for six months his land remained .....

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Aug 18 1975 (HC)

Kamal Kant Paliwal Vs. Smt. Prakash Devi Paliwal and ors.

Court : Rajasthan

Decided on : Aug-18-1975

Reported in : AIR1976Raj79; 1975()WLN429

..... or unless his silence is, in itself, equivalent to speech.'underlying intent to constitute fraud is to deceive another party and to induce him to enter the contract and it must be by the suggestion as a fact which is not true or by the active concealment of a fact by one having knowledge or belief ..... or omission as the law specially declares to be fraudulent. explanation--mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to ..... the falsity of the statement and the party defrauded remains ignorant of the correct situation. fraud is committed where one person induces another to enter into some contract or transaction on a false belief by a representation of fact which is not true and which he does not believe to be true. the effect of ..... now to be examined if there was any fraud practised on the plaintiff. according to section 10 of the contract act all agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. section 11 ..... with his connivance, or by his agent, with interest to deceive another party thereto or his agent, or to induce 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 .....

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Oct 22 1975 (HC)

Keshavlal Ramesh Chandra Vs. Rikhab Chand

Court : Rajasthan

Decided on : Oct-22-1975

Reported in : 1975WLN(UC)440

..... date on which the price was payable;(b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the seller from the date on which payment was made.11. in the present case the defendants failed to pay the price of the truck on ..... urged that no decree could be passed against keshav lal, who was not a party to the sale and lastly it was vehemently argued that in the absence of any contract for interest, no interest could be awarded to the plaintiff.6. mr. hastimal, on the other hand urged that as soon as the document of sale was executed and the ..... as it thinks fit on the amount of the price of the goods sold even though there was no such contract for the payment of interest. sub-section (2) of section 61 reads as follows:section 61(2) - in the absence of contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of .....

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Feb 26 1975 (HC)

Khem Chand Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Feb-26-1975

Reported in : 1975(8)WLN292

..... the simple reason that the enquiry which ultimately led to his discharge was held only for the purpose of deciding whether the power under the contract or the relevant rule should be exercised and the temporary servant discharged.this principle was reiterated by the supreme court in a subsequent case, state ..... temporary servant is not suitable to be continued, it may pass a simple order of discharge by virtue of the powers conferred on it by the contract or the relevant rule; in such a case, it would not be open to the temporary servant to invoke the protection of article 311 for ..... apply. this simple position is sometimes complicated by the fact that even while exercising its power to terminate the services of a temporary servant under the contract or the relevant rule, the authority may in fairness enquire whether the temporary servant should be continued in service or not. it is obvious that ..... possesses two powers to terminate the services of a temporary public servant; it can either discharge him purporting to exercise its power under the terms of contract or the relevant rule, and in that case, it would be a straight forward and direct case of discharge and nothing more; in such a ..... appointment passed by him (ex a-2). i do not agree with this contention of the earned counsel in as much as there is no inherent contraction between the order of appointment passed by the income-tax officer, headquarters, dated april 18, 1970 and the subsequent order passed by the ministry of .....

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Nov 07 1975 (HC)

Mohammed Shafi and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-07-1975

Reported in : AIR1977Raj6

..... the concerned state governments, this conduct on the part of the covenanting state governments amounted to ratification thereof on their behalf. moreover, ratification is a matter between the two high contracting parties, namely the state governments and the petitioners can have no grievance on that score. the letter of the madhya pradesh government dated april 3, 1975 shows that the said ..... to ply as before. 4. no person other than the madhya pradesh state road transport corporation 'state transport undertaking' will be permitted to provide road transport service (stage carriage or contract carriage) on the routes or portions thereof specified in clause (2) above except as provided in clause (3) above.' 6. the arguments of the learned counsel for the petitioner is .....

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Nov 07 1975 (HC)

Prabhashanker Vs. Smt. Rukmani and ors.

Court : Rajasthan

Decided on : Nov-07-1975

Reported in : AIR1976Raj17; 1975()WLN618

..... ) of the act which has not been amended by the amendment ordinance of 1975 runs as under:--'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 ..... the decree in respect of a part of the premises, the court shall pass the decree in respect of such :part only. (3). notwithstanding anything contained in any law or contract, no suit for eviction from the (premises let out for commercial or business purposes shall lie against a tenant on the ground set-forth in clause (h) of sub-section .....

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Feb 04 1975 (HC)

Kalyanmal Bhandari Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-04-1975

Reported in : (1976)ILLJ54Raj; 1975()WLN316

..... sanctioned by stature, the courts have jurisdiction to declare it a nullity: vine v. national dock labour board,(3) where the relationship despite the 'strong statutory flavour' attaching to the contract, approximates, in substance, to an ordinary contractual relationship between master and servant, the courts would still be disinclined to award a declaratory relief : barber v. manchester regional hospital board,(4 ..... the following rules or principles of general application in such cases :(1) normally, and apart from the intervention of statute, there would never be a nullity in terminating an ordinary contract of master and servant. courts will not, therefore, declare such a wrongful dismissal to be invalid even though it may give rise to a right of action for breach of ..... contract : vine v. national dock labour board, per lord keith.(2) but it is the function of the courts to keep 'public authorities' within the limits of their statutory powers and, .....

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