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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1980 Page 1 of about 19 results (0.015 seconds)

Apr 22 1980 (HC)

Mrs. Chand Kunwar and ors. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Apr-22-1980

Reported in : AIR1981Raj23

..... corporation from time to time demands a precise quantity. the 'acceptance' of the tender, however, does not convert the offer into a binding contract, for a contract of sale implies that the buyer has agreed to accept the goods. in the present case, the corporation has not agreed to take l,000 ..... arrived at hereinabove, i am unable to agree with the finding recorded by the learned district judge that the parties entered into the binding contract which became irrevocable after the tender was accepted by the government and the plaintiff-respondent is not entitled to recover the loss from the ..... or before the 28th september. the plaintiff having failed to deliver the grass (although several extensions were allowed to him), the plaintiff rescinded the contract and brought an action for damages for non-delivery against the defendant. it was, inter alia, held that the tender made by the defendant ..... all for supply of specified goods. after considering the relevant case-law, he reached the conclusion that the parties had entered into a binding contract which became irrevocable after the tender was accepted by the government and it was not merely a revocable continuing offer which was to be ..... . 2 and clause 2 of the agreement (ex. 5), it was strenuously contended that the 'agent' (late faujraj) was bound to deliver the contracted commodities in accordance with the requirements of central jail at the godown. jodhpur. this, according to the learned counsel pre-supposed a specific order relating to .....

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Feb 12 1980 (HC)

Hemandass Dhanrajmal Vs. Commissioner of Income-tax, Rajasthan-ii.

Court : Rajasthan

Decided on : Feb-12-1980

Reported in : [1981]132ITR369(Raj)

..... findings on irrelevant consideration. the evidence produced in both the cases clearly proves : (i) the formation of a partnership, (ii) the execution of partnership deed; (iii) the execution of the contract work by all the partners and particularly the newly added partner in both the firms; and (iv) the distribution of their respective share of profits to all the partners. the ..... also examined on the same date. the ito came to the conclusion that neither lekhraj nor kalidass had any earlier experience of technical nature or of administrative nature in irrigation contract work. they were simply performing the function of a mistry. no capital was invested by them. they could not even read the partnership deed. they did not know whether m ..... :1. hemandass, 2. hukmatrai, 3. daulatram, 4. lekhraj, 5. kalidass.the first three partners were the partners of the main firm m/s. hemandass dhanrajmal. the main firm obtained a contract from the irrigation department to execute the works known as jawahar sagar project. the three partners, namely, hemandass, hukmatrai and daulatram took two new partners lekhraj and kalidass. they were ..... .the first four partners constituted the main firm m/s. hemandass dhanrajmal. by order no. 71 wt (kad 2628), dated march 10, 1965, the superintending engineer, irrigation, udaipur, gave a contract of digging work relating to khari feeder aqueduct to the firm, m/s. hemandass dhanrajaml. the four partners of this firm, being busy with other works, took with them the .....

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Sep 25 1980 (HC)

Associated Cement Companies Ltd. Vs. the State of Rajasthan and anr.

Court : Rajasthan

Decided on : Sep-25-1980

Reported in : AIR1981Raj133

..... exists in its favour. 26. section 10 of the specific relief act provides that except as otherwise provided in this chapter, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the ..... under;-- 'that section 64 was intended to lay down a rule of public policy and that it was not competent for an assurer or an assured to contract himself out of or to waive its provisions' 20. in maharaia shree umaid mills ltd. v. union of india, air 1960 rai 92 a division bench ..... 5 is contrary to the law of the land. 19. when statutory provision lays down a rule of public policy, neither party to an agreement can contract out of it. in equitable life assurance society of the united states v. reed, 1914 ac 587 in an appeal from the court of appeal of ..... the government to fetter its future executive action, which must necessarily be determined by the needs of the community when the question arises. it cannot by contract hamper its freedom of action in matters which concern the welfare of the state.' 17. public policy does not remain static in any given community. it ..... 1, is not enforceable in a court of law, because the state government is not competent to fetter its future executive or legislative action. 15. a contract opposed to public policy of the state is unlawful. neither the state government, nor the subiect can lawfully be allowed to do that which has tendency to .....

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Dec 05 1980 (HC)

Norang Lal Vs. Mst. Kesar

Court : Rajasthan

Decided on : Dec-05-1980

Reported in : 1980WLN(UC)582

..... of desertion is unreliable.6. there was no bonafide attempt on the part of the husband to bring the wife to the matrimonial home. the husband has contracted second marriage and has been living with the second wife smt. munni and out of this wedlock, a son was born to them. this stands corroborated ..... went to the husband's house and told as to why the wife, was being beaten and not kept. thereupon, they were told that the husband would contract a second marriage. d.w. 3 laduram has also stated that he along with maniram and surjaram went to the husband's house and, there they ..... father of the husband for condolence only. sheolal is the neighbour of the husband. he has stated that he does not know whether or not the husband has contracted a second marriage with mst. munni. the husband, in para 3 of the petition, has said that the wife had left his company in november-december, ..... , the petitioner (husband) is entitled to obtain a decree under section 13(1)(ib) of the hindu marriage act, 1955.(2) whether the petitioner (husband) has contracted a second marriage with mst. munni, daughter of bhadar resident of maujgarh ?(3) whether the non-petitioner (wife) is entitled to get the marriage between her husband and ..... a reply on may 4, 1978 her case is that the husband had intentionally turned out the wife from the house some four years back and has contracted a second marriage with one smt. muni from whom the husband has begotten a son. she has also submitted a counter claim under section 23a of .....

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Feb 12 1980 (HC)

Hemandass Dhanrajmal Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Feb-12-1980

Reported in : 1980()WLN70

..... given by the contractor without the specific written approval of the chief engineer. it was not disputed before the tribunal that the payment with regard to the execution of the contracts were received directly by m/s. hemandass dhanrajmal, the main firm. the tribunal also held that though none of the partners invested any capital and the work which they ..... findings on irrelevant considerations. the evidence produced in both the cases clearly proves : (i) the formation of a partnership ; (ii) the execution of partnership deed ; (iii) the execution of the contract work by all the partners and particularly the newly added partners in both the firms ; and (iv) the distribution of their respective share of profits to all the partners. the ..... hemandass, 2. hukmatrai, 3. daulatram, 4. lekhraj, 5. kalidass. 7. the first three partners were the partners of the main firm, m/s. hemandass dhanrajmal. the main firm obtained a contract from the irrigation department to execute the works known as jawahar sagar project. the three partners, namely, hemandass, hukmatrai and daulatram took two new partners, lekhraj and kalidass. they were ..... the first four partners constituted the main firm, m/s. hemandass dhanrajmal. by order no. 71 wt (kad 2628), dated march 10, 1965, the superintending engineer, irrigation, udaipur, gave a contract of digging work relating to khari feeder aqueduct to the firm, m/s. hemandass dhanrajmal. the four partners of this firm, being busy with other works, took with them the .....

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Feb 18 1980 (HC)

Heeralal Vs. Mahavir Prasad and ors.

Court : Rajasthan

Decided on : Feb-18-1980

Reported in : 1980WLN(UC)55

..... lease deed that it can be known whether the tenancy is yearly or monthly. in the present case, the tenancy is oral and therefore, the actual terms of the lease contract can not be known. the argument of mr. pareekh that in case it would have been yearly there would have been a registered document to that effect and merely by ..... the past became monthly after the order of the court in the previous suit for depositing the amount monthly. the reason is that after the termination of the tenancy the contract even if any came to an end and the appellant was in possession of the suit premises as a statutory tenant. it is by virtue of the statute that the .....

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Jul 01 1980 (HC)

Jeewan Khan Vs. Panchayat Samiti and ors.

Court : Rajasthan

Decided on : Jul-01-1980

Reported in : 1980WLN(UC)279

..... the auction of a public authority invested with statutory powers is challenged, the writ petition is maintainable even if the right to relief arises out of an alleged breach of contract.9. in nathulal's case 1975 rlw 226, a learned single judge of this court observed as under:thus, it is well established that not only in judicial proceedings but ..... natural justice and, therefore, void.(iii) that on the basis of clause 11 contained in ex. 2, it was urged that the committee/collector has been empowered to accept the contract without assigning any reasons and that after the acceptance of the bid and money in pursuance thereof and execution of the agreement, order of re-auction on the ground that ..... to deposit half the auction amount at the spot when the bid is knocked down and the rest amount in the instalments one in june and other in september. the contract shall be cancelled if the amount is not deposited on the prescribed date;(iv) that the auction shall be held separately for each of the panchayat samiti;(v) that before .....

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Jul 04 1980 (HC)

Mahesh Chand Heda and anr. Vs. Mahesh Prasad

Court : Rajasthan

Decided on : Jul-04-1980

Reported in : 1980WLN(UC)401

..... removed.9. in my opinion, therefore, the additional district judge was right in holding that a prime facie case fir grant of specific performance of the contract of sale of the plot of land had been established in the present case having arrived at the aforesaid findings, the additional district judge, in my ..... v. syed khaja, (2) air 1973 sc 2467, the fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself, remove the strong presumption contemplated by the use of the words 'unless and until the contrary improved' in the explanation to section ..... tod(sic)ecide whether or not to grent the necessary sanction and that the high court was right in decreeing the suit for specific performance of the contract. in the present care the competent authority under the act, in its letter dated 6th november, 1978, has only stated that no action could ..... the permission of the chief commissioner to the transaction of sale within two months of the agreement. it was submitted on behalf o the vendor that the contract, being of a contingent nature, was not enforceable. the supreme court negatived the said contention and held that the court had got to enforce the ..... filed by the appellants in the order aforesaid the additional district judge held that although a prima facie case for spec fie performance of the contract of sale of the plot of and for grant of an injunction restraining the alienation of the plot of land had been established in favour .....

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Nov 14 1980 (HC)

Singhvi and Co. Vs. Dharmilal

Court : Rajasthan

Decided on : Nov-14-1980

Reported in : 1980WLN(UC)466

..... been fixed keeping in view this factor viz. that the goods sold were of 75 to 80% purity. as such i find that there was absence of contract to the contrary and section 61 of the sale of goods act was clearly attracted to the facts of the case. the seller is entitled to get interest ..... %, interest was not intended to be charged. after reading the statement of the defendant, i am unable to come to the conclusion that there was any specific contract to the contrary between the parties for not charging interest in respect of the transactions of sale and purchase of silver ornaments. the fact that the purity of ..... transactions between the parties related to sale of silver ornaments section 61(2) of the sale of goods act runs as under: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 price.(a) to the seller in a suit by ..... suit or even thereafter.5. the question of award of interest was considered by the trial court tinder issue no, 5. it was held that there was no contract between the parties for payment of interest on outstanding amount. it was also held that interest could not be awarded as damages, because the extent of the damage ..... in a suit by him from 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.7. there was admittedly no contract regarding payment of interest between the parties. it was urged by mr. arjun lal mehta that that .....

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Jan 17 1980 (HC)

Union of India (Uoi) and ors. Vs. S.B. Chatterjee

Court : Rajasthan

Decided on : Jan-17-1980

Reported in : 1980WLN259

..... respondent's suit could not be decreed in his favour. he was a temporary hand and had no right to the post. it is also not denied that both under contract of service and the service rules governing the respondent, the state had a right to terminate his services by giving him one month's notice. the order to which exception .....

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