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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1978 Page 1 of about 10 results (0.057 seconds)

Nov 08 1978 (HC)

Bharat Bhawan Nirman Sahkari Samiti Ltd., Jaipur Vs. the State of Raja ...

Court : Rajasthan

Decided on : Nov-08-1978

Reported in : AIR1979Raj209; 1978(11)WLN517

orderg.m. lodha, j. 1. the petitioner bharat bhawan nirman sahkari samiti ltd. jaipur, has filed this stay petition under section 151 c. p. c. for restraining the respondent no. 1, the state of rajasthan, 2, urban improvement trust, 3. the land acquisition officer and 4. rajasthan housing board, jaipur from interfering in the possession of the petitioner society over khasra nos. 87 and 88 situated in jaipur. 2. the respondents u. i. t. jaipur and rajasthan housing board, hereinafter referred as 'the housing board', have vehemently opposed this stay application on the following grounds: (i) that the disputed land is already in possession of the housing board and, therefore, the application of stay is misconceived. (ii) that the disputed land has been acquired for the work and project of public utility, namely, the construction of a colony under the provisions of the rajasthan housing board act for providing cheap accommodation to the low income group who have got no residential accommodation to live in the city of jaipur. that being so sub-clause (6) of art 226 of the constitution provides a blanket prohibition for grant of any interim order, whether by way of injunction or stay or in any other manner, which will have the effect of delaying action for the execution of work and project of public utility and the acquisition of the disputed property for such execution by the government or any corporation owned or controlled by the government. 3. mr. birmiwal, learned counsel .....

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Jul 17 1978 (HC)

Vagaram Vs. Dharamchand and ors.

Court : Rajasthan

Decided on : Jul-17-1978

Reported in : 1978WLN(UC)195

..... , hold that ex. 1 constitutes an acknowledgement of liability with a stipulation to pay interest and as such it is covered under section 25(3) of the contract act. thus the plaintiffs' suit has been, in my opinion, rightly decreed by the first appellate court.12. so far as the second contention is concerned ..... out of the two contentions the first contention requires some consideration. in case it is found that ex. 1 is covered under section 25(3) of the contract : act, the second contention will not arise for consideration at all, in view of the fact that ex. 1 will give a fresh cause of action ..... so held that where there is an acknowledgement along with the stipulation to pay interest such a document is covered under section 25(3) of the contract act giving a creditor a fresh cause of action as regards the second contention, learned counsel for the plaintiffs urged that the defendant himself has admitted ..... defendant-appellant contended that ex.1 cannot be construed to be an agreement in respect of time barred debt as contemplated under section 25(3) of the contract act. there is neither an acknowledgement of any debt in ex. 1 nor there is any agreement to make payment of any time barred debt. even, ..... there is an acknowledgment of debt in ex. 1 with a stipulation to pay interest so such a document is covered under section 25(3) of the contract act. so it was he id that the suit is within limitation. the plea of the defendant regarding obtaining his signatures under coercion on ex. 1, .....

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Sep 11 1978 (HC)

Ram Chandra and anr. Vs. Om Prakash and ors.

Court : Rajasthan

Decided on : Sep-11-1978

Reported in : 1978(11)WLN466

..... 422; and munshi v. c. board 1942 o 99; which lend support to our view.6. in view of the above discussions we are definitely of the opinion that the contract of sale or a sale made by a scheduled caste or scheduled tribe persons in favour of persons not belonging to that class, is void and not enforceable in law ..... persons who are not members of that class. the sale in question is, therefore, forbidden by law within the meaning of section 23 of the indian contract act. it is well settled that where a contract, which a party seeks to enforce, is expressly or by implication forbidden by any law, no court will lend its assistance to give it effect. in .....

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Sep 06 1978 (HC)

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Decided on : Sep-06-1978

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

..... the petitioner under other pendiug bills and it was held that the respondents had no power or right to so recover or adjust under the contract. in these facts, it was observed by the full bench that the further relief sought by the petitioner by way of payment of the ..... s.t.c. 689, wherein it was observed,-'money paid under a mistake of law comes within the word 'mistake' in section 72 of the contract act and there is no question of estoppel when the mistake of law is common to both the assessee and the taxing authority.'in the limitation act, ..... law. a preliminary objection was raised about the lack of jurisdiction of orissa high court on the ground that since duta was assessed at calcutta, contracts were registered at calcutta, orders of the customs authorities were passed at calcutta and central government order was passed at new delhi, no part of ..... under item 72a could not claim reassessment under item 72(18) was erroneous and, therefore, the petitioners could claim reassessment of the entire consigmments against contracts under item 72(18) provided the consignments were 'mining machineries'. being aggrieved, the petitioners filed writ petitions under article 226 of the constitution for (a ..... is inconsequential. our attention was drawn to surjit singh atwel v. union of india, air 1965 cal. 181, in which it was held that invalid contract cannot be relied upon as constituting part of cause of action. reference was also made by mr. parakh to shree biharji mills ltd. v. union .....

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Nov 08 1978 (HC)

Bhikamchand Vs. Jugal Kishore and ors.

Court : Rajasthan

Decided on : Nov-08-1978

Reported in : 1978(11)WLN682

..... revision. section 13 eviction of tenant....(1) not section 13-eviction of tenants(1) not withstanding anything contained in withstanding any thing contained in any law or contract, no court shall any law or contract, no court shall pass any decree, or make any order, pass any decree, or make any order, in favour of a landlord, whether in in favour of .....

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Nov 08 1978 (HC)

Bombay Cotton (P) Ltd. and ors. Vs. State of Rajasthan and Cto

Court : Rajasthan

Decided on : Nov-08-1978

Reported in : 1978WLN(UC)333

..... the petitioner companies and the purchase made by the petitioner companies did not, by themselves, occasion export outside india as neither there was any contract nor statutory provision binding the petitioner companies to export the cotton bales purchased from the local dealers. nor there was any binding agreement between ..... result of sale, the export being inextricably linked with sale so that bond cannot be disassociated without a breach of the obligations arising by statute, contract or mutual under standing between the parties arising from the nature of the transaction, the sale is in the course of export. the real ..... be regarded as one in the course of export unless the sale occasions export. 'to occasion export' presupposes existing of such bond between the contract of sale and until exportation that such link is inextricably connected with the one immediately preceding it. without such a bond, a transaction of ..... seller to export. there must be an obligation of export and there must be an actual export an obligation may arise by reason of statute contract between the parties, or from mutual understanding or agreement between them, or even from the nature of the transaction, which links the sale ..... connection between the sale and export to be so integrated that the connection between the two cannot be voluntarily interrupted without breach of the contract or compulsion arising from the nature of the transaction. in this sense, to constitute a sale in the course of export, it may .....

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Mar 13 1978 (HC)

Ramavtar Gupta Vs. Manak Raj and anr.

Court : Rajasthan

Decided on : Mar-13-1978

Reported in : AIR1978Raj186; 1978(11)WLN173

..... allowed the suit would be completely changed. instead of the suit being one on the ground of default it would be a suit on the ground of subletting, breach of contract and nuisance. all these grounds if they existed were known to the opposite party (the landlord), and there was absolutely no justification why these grounds were not mentioned in the .....

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Jul 21 1978 (HC)

The State of Rajasthan Vs. Dr. Ganpat Singh Bhandari and anr.

Court : Rajasthan

Decided on : Jul-21-1978

Reported in : 1978(11)WLN674

..... employment as such public servant this employer or any officer or authority subordinate to the employer has dealt with him in a manner which is not in conformity with any contract, or-(a) in the case of a government servant, with the provisions of article 16 or article 311 of the constitution or with any rules or law having force under .....

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Jan 12 1978 (HC)

Gopi Kishan Acharya Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-12-1978

Reported in : 1978WLN(UC)190

..... lordships of the s.c. that;appointment to a post on an officiating basis is, from the nature of employment, itself of a transitory character & in the absence of any contract or specific rule regulating the conditions of service to the contrary, the implied term of such an appointment is that h is terminable at any time the government servant so .....

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Nov 23 1978 (HC)

The Jaipur Udyog Ltd. Vs. Inspector, Provident Fund

Court : Rajasthan

Decided on : Nov-23-1978

Reported in : 1978WLN(UC)450

..... , i am of opinion that the learned magistrate is in error in dismissing the applications. section 4(1)(b) of the act reads:4(1) notwithstanding any law, usage, custom, contract, instrument, decree, order, award, submission, settlement, standing order or other provisions whatsoever, the state government may, by notification in the official gazette, direct that-(a) ...(b) no suit or other .....

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