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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1979 Page 1 of about 16 results (0.013 seconds)

Feb 01 1979 (HC)

Rajendra Prasad and anr. Vs. Girdharilal

Court : Rajasthan

Decided on : Feb-01-1979

Reported in : 1979WLN95

..... from him 'through court through execution proceedings'. in these circumstances, in my opinion, the learned district judge was not right in holding that by entering into a compromise a fresh contract of tenancy had arisen or that the existing tenancy was allowed to continue and as such, the judgment-debtor is entitled to relief against forfeiture. as stated above, the consent ..... terms of the appellate decree dated march 6, 1974 that what was intended was to secure regular payment of rent and that by entering into such a compromise, a fresh contract or tenancy had arisen or the existing tenancy was allowed to continue and as such, the judgment-debtor is entitled to relief against forfeiture resulting from his failure to pay .....

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May 11 1979 (HC)

The Rajputana Cotton Press Public Limited Company Vs. the State of Raj ...

Court : Rajasthan

Decided on : May-11-1979

Reported in : [1979]44STC373(Raj)

..... the iron hoops, by way of packing materials, is merely accessory or incidental to the work of pressing and baling. there is no express or implied contract for payment of price by the buyer, in respect of hessian cloth or iron hoops, which constitute the packing material and without the use of which ..... for the transfer is not money but other valuable consideration, then the transaction may constitute an exchange or barter but not a sale. similarly, if under the contract of sale, title to the goods does not pass to the buyer, then also there is no complete sale, but there is only an agreement to sell ..... applied to the facts of the present case, it is clear beyond doubt that no sale of the packing materials was intended nor there was any contract express or implied for the sale of the packing materials between the parties. but the transfer of the packing materials by the company to its customers ..... has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto to the other party for price.10. if the above-mentioned tests, laid down by their lordships of the supreme court and which have ..... appellate authority was of the view that the transfer of the packing materials did not constitute a sale of property but formed an integral part of the contract for work and, as such, sales tax could not be charged on the estimated price of the goods used by the company as packing materials. .....

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Jul 07 1979 (HC)

Rangi Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-07-1979

Reported in : AIR1980Raj61

..... conditions of the agreement. it was further contended that the state government by an unilateral act did not have the authority to amend the terms and conditions of a concluded contract by a subsequent notification. it was contended that by the notification dated august 27, 1970, the terms and conditions of the already executed and concluded agreement could not have been ..... regard to the penalty clause. the dead rent having been fully deposited, no dispute remains on that score,10. the execution of an agreement is a bilateral act and, any contract or agreement which is executed with the state is governed by article 229 of the constitution of india. according to clause 4 (21) and (22) read with rule 17 (21 .....

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Sep 12 1979 (HC)

Commissioner of Income-tax Vs. S. Zoraster and Co.

Court : Rajasthan

Decided on : Sep-12-1979

Reported in : [1982]133ITR559(Raj)

..... a business, or for a substantial replacement of equipment, vide lord sands in commissioners of inland revenue v. granite city steamship company [1927] 13 tc 1. in city of london contract corporation v. styles [1887] 2 tc 239 bowen l.j. observed as to the capital expenditure as follows : ' you do not use it ' for the purpose of ' your concern, which .....

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Mar 01 1979 (HC)

Mangilal Vs. Gheesukhan and ors.

Court : Rajasthan

Decided on : Mar-01-1979

Reported in : AIR1980Raj14; 1979()WLN194

..... or section 59 of the act. in these circumstances, it cannot be said that the agreement of partnership is hit by section 23 of the contract act. the decisions relied on by the learned counsel for the appellant support the conclusion to which i have arrived at and which have already been ..... s. dayabhai and co.'s case, after examining the provisions of section 31 and section 59 (2) of the act and section 23 of the contract act, observed as under,--'it follows from the above propositions that partnership business in transport, can be carried on on the strength of a permit ..... provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the ..... definitions. section 2 (19) defines 'owner' and section 2 (20) defines 'permit' as a document authorising the use of a transport vehicle as a contract carriage or a stage carriage or a private carrier or a public carrier. section 22 provides for registration. it inter alia lays down that no person shall ..... . on the basis of these premises, learned counsel contended that it cannot be said that the partnership was forbidden by law under section 23 of the contract act. in support of his arguments learned counsel placed reliance on champsey dossa v. gordhandas kessowji, air 1917 bom 250 gordhandas kessowji, v, champsey dossa .....

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Mar 06 1979 (HC)

Abdul Rehman Vs. Dhere Bai and anr.

Court : Rajasthan

Decided on : Mar-06-1979

Reported in : 1979WLN162

s.k. mal lodha, j.1. this a defendant's first appeal against the judgment and decree of the additional district fudge, sirohi dated april 24, 1978 passed in civil original suit no. 9 of 1977.2. the plaintiff-respondent no. 1 is the wife of plaintiff respondent no. 2. the plaintiff-respondents instituted a suit for rs. 21,488.50 paise against the defendant-appellant on may 20, 1977 in the court of the additional district judge, sirohi. the suit was based on a promissory note dated september 1, 1972, which is alleged to have been executed by the defendant against the outstanding amount of rs. 14,001/- stipulating to pay interest at the rate of rs. 1/- per cent per mensem. it was averred that rs. 13,501/- were due from the defendant to plaintiff no. 1 on account of principal after deducting rs. 500/-, which was paid by the defendant on june 27, 1974. according to the plaintiff's a sum of rs. 7980/- was outstanding on account of interest and rs. 750 were claimed on account of notice expenses and telegram charges. it was mentioned in para 6 of the plaint that plaintiff no. 1 is the original creditor, but as plaintiff no. 2 is plaint ff no. 1's mukhtiar, khas and, therefore he was being impleaded as plaintiff no. 2. the plaintiffs obtained summons for the defendant under the provisions of order xxxvix, rule 2, cpc and this summons was served on defendant's son on june 24, 1977. thereafter, the plaintiffs obtained summons for judgment in a summary suit under order xxxvii, rule 3, .....

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Jan 22 1979 (HC)

Basti Ram Vs. Ghewarchand and anr.

Court : Rajasthan

Decided on : Jan-22-1979

Reported in : AIR1979Raj148; 1979()WLN51

..... given power under section 36, clause (1) for the purpose of giving relief to the borrower if the principal and interest claimed in the suit on the basis of the contract contravenes section 30. otherwise, there would be no necessity to repeat the provisions of section 30 in section 36, clause (1), sub-clause (c). where, in such a case, the .....

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Aug 07 1979 (HC)

Jagan Singh Vs. State Transport Appellate Tribunal, Rajasthan and anr.

Court : Rajasthan

Decided on : Aug-07-1979

Reported in : AIR1980Raj1

..... to grant a separate permit in respect of the original route as so varied or anypart thereof. '57. procedure in applying for and granting permits:- (1) an application for a contract carriage permit or a private carrier's permit may be made at any time, (2) to (7) ... (8) an application to vary the conditions of any permit, other than a ..... case of a stage carriage permit, by increasing the number of trips above the specified maximum, or by altering the route covered by it, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles covered by the permit, shall be treated as an application for the grant of a new .....

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Feb 09 1979 (HC)

Bhonrilal Hiralal and ors. Vs. Prabhu Dayal and anr.

Court : Rajasthan

Decided on : Feb-09-1979

Reported in : AIR1980Raj9

..... company: it was notcontended that the amount of rs. 10,625 was not due to the company under the contract relied upon by the company. for enforcement of the arbitration clause there must exist a dispute: in the absence of a dispute between the parties to the arbitration agreement, there ..... by their lordships of the supreme court that;'the evidence recorded by the trial court discloses that there was no dispute between the company and the union arising under the contract on which the suit was filed. the union accepted liability to pay the amount claimed by the company in the suit. the union still declined to pay the amount asserting ..... that an amount was due from the company to the union under a distinct contract. this amount was not sought to be set-off under any term of the contract under which the company made the claim. the dispute raised by the union was, therefore, not in respect of the liability under the ..... terms of the contract which included the arbitration clause, but in respect of an alleged liability of the company under another contract which it may be noted had already been referred to arbitration. the union had no defence to the action filed by the .....

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Feb 05 1979 (HC)

The State of Rajasthan Vs. Raghuveer Singh and ors.

Court : Rajasthan

Decided on : Feb-05-1979

Reported in : 1979WLN516

..... of compensation since the party had to borrow a large amount of money from its banker to meet its obligation under the contract. the supreme court pointed out that interest could not be awarded by way of damages the supreme court also noticed that an arbitrator was not a court within the meaning ..... held that what was claimed by durga dutta was interest as damages and that it could not, therefore, be awarded. the suit itself was one for damages for breach of contract. we do not think that this case is of any assistance to the appellant. in union of india v. a.l. rallia ram, the arbitrator had awarded interest by way ..... to a certificate granted under article 133(1)(a) of the constitution of lodia (as it stood prior to the 30th amendment). the plaintiff respondent took a building work on contract from the (sic) while government of the state of udaipur. he completed the work on 6th june, 1950 despite demands and notices issued by the plaintiff a considerable amount due ..... , including notices preceding the action.6. we must notice here an argument advanced by the learned counsel for the appellant that the contract prohibited the award of interest. he relied upon the following sentence occurring in paragraph 16 of the contract dated 11th may, 1947; 'neither the earnest money deposited nor the with-held amount shall bear any interest'. this sentence far .....

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