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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1976 Page 1 of about 19 results (0.015 seconds)

Nov 29 1976 (HC)

Automobiles Transport (Rajasthan) Pvt. Ltd. and anr. Vs. Dewalal and o ...

Court : Rajasthan

Decided on : Nov-29-1976

Reported in : AIR1977Raj121

..... of a vehicle, the policy comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the insurance company. in view ..... amount for the relevant period.(6) in a claim for damages for death under section 110-b of the act, as it now stands, sums payable on death under any contract of social assurance or insurance are to be disregarded, but the reasonable prospect(s) of receiving benefits such as compulsory employers' insurance, whether contributory or non-contributory gratuity and pension ..... insurance company is limited only to rs. 2,000/-. the liability of the insurer cannot exceed the one that is provided in the statute, unless there is a contract to the contrary. no such contract has been brought to our notice. the insurer had specifically taken this plea and the tribunal, therefore, appears to have fallen into error by fixing the liability .....

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Nov 08 1976 (HC)

Automobile Transport Pvt. Ltd. Vs. Dewalal and ors.

Court : Rajasthan

Decided on : Nov-08-1976

Reported in : 1976WLN783

..... of a vehicle, the policy comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the insurance company. in view ..... relevant amount for the relevant period.(6) in a claim for damages for death under section 110b of the act as it now stands, sums payable on death under any contract of social assurance or insurance are to be disregarded, but the reasonable prospect(s) of receiving benefits such as compulsory employers' insurance, whether contributory or non-contributory gratuity and pension ..... the insurance company is limited only to rs. 2000/-. the liability of the insurer cannot exceed the one that is provided in the statute, unless there is a contract to the contrary. no such contract has been brought to our notice. the insurer had specifically taken this plea and the tribunal, therefore, appears to have fallen in to error by fixing the .....

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Apr 06 1976 (HC)

The United India Fire and General Insurance Co. Ltd. and anr. Vs. Mst. ...

Court : Rajasthan

Decided on : Apr-06-1976

Reported in : AIR1976Raj178

..... injured by negligent driving for which the policy holder is responsible, the passenger would have a claim to be compensated by the policy holder, and an indemnity against other claims as provided in the policy in question. i do not think that this case has any relevance apart from definition of a 'third ..... person and does not say that the minimum limits of compulsory coverage fixed by it in certain specified cases must always remain unaltered even by voluntary contract between the parties. so far as the liability which arises under the provisions of motor vehicles act is concerned, it is only the tribunal established ..... and life insurance corporation ltd. 1943 ac 121 wherein it was observed that the governing conception is that the insurer is one party to the contract and the policy holder another party and that claims made by others in respect of the negligent use of the vehicle may be inter alia described ..... not required to cover any liability in respect of passenger carried in a vehicle not run for hire or reward, but the insurer can, by contract, extend its liability in any respect beyond the requirements of the act and also safeguard its interest fully by providing a term in the policy that ..... of the decree, of any sum not exceeding the sum assured, payable thereunder. this is so because the claimant is not a party to the contract of insurance and he is merely a statutory beneficiary. the tribunal cannot award to him as against the insurer anything more than what the statute allows. .....

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Aug 11 1976 (HC)

Awami Kumar Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-11-1976

Reported in : AIR1977Raj80; 1976(9)WLN422

..... may then be exchange or barter but not a sale. and if under the contract of sale, title to the goods has not passed, then there is an agreement to sell and not a completed sale.' their lordships in taking that ..... these elements are present, there can be no sale. thus, if merely title to the goods passes but not as a result of any contract between the parties, express or implied, there is no sale. so also if the consideration for the transfer was not money but other valuable consideration, it ..... sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods which of course presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. unless all ..... paid or promised' coming to the indian law on the sub-sect section 77 of the contract act defined 'sale' as 'the exchange of property for a price involving the transfer of ownership of the thing sold from the seller to the buyer'. ..... 'sale', benjamin observes: 'hence it follows that, to constitute a valid sale, there must be a concurrence of the following elements, viz., (1) parties competent to contract; (2) mutual assent; (3) a thing, the absolute or general property in which is transferred from the seller to the buyer, and (4) a price in money .....

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Oct 26 1976 (HC)

Devi Singh Vs. Authority Under Section 28a(2) of Rajasthan Shop and Co ...

Court : Rajasthan

Decided on : Oct-26-1976

Reported in : 1976WLN(UC)535

..... more was therefore necessary to be done either by him or by the employers in pursuance of the notice which had put an end to the contract of service in a manner stipulated between the parties themselves.6. looking to the terms of the letter exhibit-2, it appears that the petitioner ..... , then there is no necessity of its acceptance, unless otherwise agreed upon by the parties, as by the terms of the letter of resignation itself the contract of employment comes to an end on the expiry of the specified notice period. in m. thiruvengadam v. the indian institute of science bangalore and ors ..... his office.5. however, in the case of an engagement between a master and a servant, the obligations of a servant arise out of a contract and be has the right to resign from service, subject to the normal rule of complying with the requirement of a notice of the requisite duration. ..... resignation at any time before the termination of his contract of employment. learned counsel appearing for the company gave a two fold answer to this contention. in the first place, his submission is that the ..... lordships of the supreme court, the first contention of tee learned counsel 13 untenable and deserves to be repelled.4. then, learned counsel argued that the contract of employment of the petitioner continued upto the time of expiry of one month's notice period & the petitioner was within his rights to withdraw his .....

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Nov 04 1976 (HC)

Kirorilal Vs. the State of Madhya Pradesh and anr.

Court : Rajasthan

Decided on : Nov-04-1976

Reported in : AIR1977Raj101; 1976(9)WLN652

..... their lordships that though the words 'expressed' and 'executed' in article 299(1) of the constitution might suggest that it should be by a deed or a formal written contract, a binding contract by tender and acceptance can also come into existence, if the acceptance is by a person duly authorised on this behalf by the president of india. in holding that ..... that the members of the railway board were secretaries to the central government and hence the board on whose behalf the secretary communicated the acceptance could enter into a binding contract. in repelling the contention, their lordships observed:--'this submission also is without force because there is no material before us to conclude that the board was so authorised. in ..... the provisions of article 299(1) of the constitution have not been enacted for the sake of mere form but they have been enacted for safeguarding the government against unauthorised contracts. the provisions are embodied in the constitution on the ground of public policy -- on the ground of protection of general public and these formalities cannot be waived or dispensed ..... the constitution as well as against the provisions of the rajasthan minor mineral concession rules, 1955; (ii) the provisions of article 299(1) being mandatory, its non-compliance renders the contract void and, therefore, there could be no ratification of the mining lease granted by the mining engineer by the state government of rajasthan; (iii) the state government of madhya pradesh .....

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Jul 23 1976 (HC)

immamudIn and ors. Vs. Mst. Khatoon and ors.

Court : Rajasthan

Decided on : Jul-23-1976

Reported in : AIR1977Raj142

..... laws of england, third edition volume 28 at page no. 23, thus:--'if the employer retains in his own hands, the control over or interferes with the performance of the contract, he also will be responsible as a joint tortfeasor (p).'the second class, which is relevant for consideration, concerns what has sometimes been described as 'extra-hazardous act' where the ..... to bear the weight of the girders. this, he alleged, was done without taking due precautions. according to the defendant no. 2, he was bound by clause 12 of the contract to carry out the instructions given by the engineer-in-charge and, therefore, he was not liable to pay any compensation. the defendant no. 2 also denies the amount of ..... floor have been made.' the main hall of the school building had a dimension of 86' x 40' x 20'. exhibit b/2 is the proposed roof truss.3. the contract provided, inter alia, by clause 11:'the contractor shall execute the whole and every part of the work in the most substantial and satisfactory manner, and both as regards materials ..... under the fatal accidents act, 1855.2. the claim for compensation arises in this way: the state government of rajasthan, defendant no. 1, had by a contract dated 1-8-1966 (exhibit a/i), given the contract for construction of the higher secondary school, jalore to the defendant no. 2 m/s. dalley khan & sons, jodhpur at 14 1/2% above the .....

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Jan 14 1976 (HC)

Sumer Singh Vs. State Transport Appellate Tribunal and ors.

Court : Rajasthan

Decided on : Jan-14-1976

Reported in : AIR1976Raj144

..... introduced the proviso to section 48 (3) (xxi) of the act it has been stated in the explanatory note:--'unlike sections 51 and 56 which relate to the grant of contract carriage and public carrier's permits, section 48 does not authorise a regional transport authority to vary or extend or curtail the route or area of a stage carriage permit .....

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Jan 14 1976 (HC)

Sumersingh Vs. the State Transport Appellate Tribunal and ors.

Court : Rajasthan

Decided on : Jan-14-1976

Reported in : 1976WLN91

..... introdued the proviso to section 48 (3)(xxi) of the act it has been entailed in the explanatory note:unlike section 51 and 56 which relate to the grant of contract carriage and public carrier's permits sec 48 does not au ho-rise the regional transport authority to vary or extend or curtail the route or area of a stage .....

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Mar 09 1976 (HC)

Bahirumal Basdev and anr. Vs. Lalit Kishore Son of Kalyan Prasad by Ca ...

Court : Rajasthan

Decided on : Mar-09-1976

Reported in : 1976WLN112

..... 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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