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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1981 Page 1 of about 14 results (0.015 seconds)

Oct 30 1981 (HC)

Motor Owners Insurance Co. Ltd. Vs. Khet Pal Singh and ors.

Court : Rajasthan

Decided on : Oct-30-1981

Reported in : AIR1983Raj83

..... took place, the property in the vehicle vested in the purchaser, how could the insurance company be made liable on the basis of a contract of indemnity entered into with the seller? the circumstance that the purchaser had not paid part of the purchase price is irrelevant for the purpose, because ..... high courts, some of which i have endeavoured to refer to above and it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the motor vehicle, ..... 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 ..... an interest in that car. an insurance policy being a contract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. therefore, the motor ..... cases were accepted and the following observations were made (at p. 167):--'it is well settled that a conlract of insurance is nothing but a contract, of indemnity. the policy issued is with reference to a specified car, owned by the policy-holder and consequently the policy will remain effective while he retains .....

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Feb 11 1981 (HC)

Rawat Hardeo Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-11-1981

Reported in : AIR1981Raj280; 1981()WLN151

..... dispute arises on account of the absence of a valid contract between the parties, creating the relationship of landlord and tenant. the plaintiff was thus entitled to the restoration of the property, the possession of which he had parted with on ..... the parties. thus, the plaintiff was entitled to restitution from the defendant and thereby seek re-delivery of possession of the property, which was the subject matter of a void contract. 7. moreover, in the present case, on account of the admissions made by the defendant state in the written statement, no difficulty regarding restitution of possession of the property in ..... reasonable recompense for the use and occupation of the premises by the state. of course, the plaintiff is not entitled to any compensation or damages for breach of contract because there was no contract lawfully entered into between the parties. but when a thing has been delivered with the intention to letting the same, then naturally the person who had so delivered ..... relief of ejectment of the defendant from the premises in dispute was also dismissed by the civil judge, udaipur. the first appellate court also held that there was no valid contract of tenancy between the parties, creating the relationship of landlord and tenant, as the document executed by the ranger ratanlal was not in accordance with the provisions of article 299 .....

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Dec 22 1981 (HC)

Tej Singh Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Dec-22-1981

Reported in : 1981WLN(UC)423

..... respondents a slim of rs. 700/- with interest: while deciding the case it was held that upon proper construction of the relevant clauses of the contract, the respondents had a legal tight to act as they did.44. while assailing the legality of this imposition of the penalty, the learned ..... not forfeit the security deposit under clause 3(a). they imposed on the- appellant the maximum fine or compensation leviable under clause 2 of the contract and ten percent of the estimated cost of the entire work and appropriated the security deposit towards the fine, as they were entitled to do under ..... learned judge arrived at the conclusion that the evidence did not show that the chief engineer was at all conscious of the fact that the contract in the case differed in very important particulars from the printed specification in the company's standard work. while discussing the document ex. 2, ..... duly authorised engineer has been made final. this clause provides for the compensation for failure to complete particular work or portion of work in the contract period. the various conditions regarding the compensation of the work are enumerated in clause 2 of the agreements ex.a-6. the last part ..... alignment plaintiff could not commence the work earlier than 1-3-1958. for the aforesaid reasons plaintiff was left with no alternative but to treat the contract as repudiated by the defendant & treating himself as free from any further liability after june, 1959. plaintiffs contention in the plaint was that he .....

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Aug 28 1981 (HC)

Surya NaraIn Choudhary Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Aug-28-1981

Reported in : AIR1982Raj1; 1981()WLN198

..... where it is otherwise provided by statute, can be terminated at any time without cause assigned. the true scope and intent of this expression is that even if a special contract has been made with the person, the crown is not bound thereby. in other words, the person concerned is liable to be dismissed without notice and there is no right .....

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Aug 14 1981 (HC)

United Pictures Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Aug-14-1981

Reported in : 1981WLN397

..... at the time of exhibition for a period of six months and the petitioners believing that statement acted by purchasing more copeis of these film as well as entered into contracts with various cinema-theatre owners, learned counsel urged that even though the case does not fall within the term of section 115 of the evidence act, it is open to ..... exhibition to be quashed. their lordships dismissed the writ petition, holding that the fact that the justice's order prohibiting the exhibition deprived the applicants of the benefit of the contract that they had made with the licences, did not give them a right to complain that the justices order was bad. this case was read with approval in jasbhai motibhai ..... purchased four prints so that benefit of tax exemption could be availed of through out the territory of rajasthan. after the issuance of the exemption order the firm entered into contract with the owners of the various cinema houses to exhibit the film and it also took on hire some of the cinema houses. as already noted above, on 30th july .....

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Nov 25 1981 (HC)

Babu Lal and anr. Vs. Shive Lal

Court : Rajasthan

Decided on : Nov-25-1981

Reported in : AIR1982Raj111; 1981()WLN578

..... give effect to them. cases may arise in which the terms and conditions in the two documents are so interwoven that in order to determine the true nature of the contract entered into by the parties, both must be read together and considered part of the same transaction. such cases apart, on principle it is difficult to accept that even in .....

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Feb 19 1981 (HC)

Pyare Mohan Vs. Smt. Narayani

Court : Rajasthan

Decided on : Feb-19-1981

Reported in : AIR1982Raj43; 1981()WLN616

..... was adulterous, was only motive and not the consideration or object of the gift. therefore, we are of the opinion that section 23 of the contract act is not attracted to such cases as it only applies to the consideration or object of an agreement which the court regards immoral or opposed to ..... his properties. having once operated as the consideration for his earlier promise, her past services cannot be treated under section 2(d) of the indian contract act as a subsisting consideration for his subsequent promise to transfer the properties to her. the past cohabitation was the motive and not the consideration ..... be deemed to be illegal, even though under certain circumstances it may be immoral. in my opinion there is a clear distinction between a mere contract to pay an allowance in future hi order that an illicit connection be continued, and a transfer of property in favour of the woman for ..... for immoral and even illegal cohabitation is a nullity. when the agreement is that parties are to live in adulterous co-habitation in future the contract is obviously illegal, but if in order to compensate the woman far the past illicit connection the offending party gives her some property i would ..... 1968 sc 253 wherein it has been held that past services as a concubine could not be treated under section 2 (d) of the indian contract act as a subsisting consideration for his subsequent promise to transfer the properties by paramour to his concubine similarly, the proposition that if the object of .....

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Dec 17 1981 (HC)

Railway Employees Co-operative Banking Society Vs. Industrial Tribunal ...

Court : Rajasthan

Decided on : Dec-17-1981

Reported in : 1981WLN(UC)480

..... act shall have effect not with standing anything inconsistent there with contained in any other law for time being in force or in terms of any award, agreement, settlement or contract of service. under article 246(2) of the constitution of india, parliament has powers to make laws with respect to any of the matters enumerated in list iii in the .....

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Jul 31 1981 (HC)

Dr. (Mrs.) Rukmani Vaish and 5 ors. Vs. State of Rajasthan and 10 ors.

Court : Rajasthan

Decided on : Jul-31-1981

Reported in : 1981WLN701

guman mal lodha, j.1. a 'crackdown' & 'mass sacking' of university lecturers (temporary) on change of ruling party by issuing the governors ordinance, whether offends the equal protection clause, is the billion dollar question, raised under the banner of discrimination between 'pre-emergency' and 'post-emergency' appointees by section 3 of the ordinance. the 25th june, 1975' having been made the 'laxaman rekha','deadline' or 'd day, for regularisation of services, the ousted post-emergency lecturers have invoked article 14 & 16 of the constitution of india to quash the '25th june, 1975', arbitrary dead line', a 'brainchild' of the then vice chancellors and readily welcomed by the then government, the ruling party of which is alleged to be anti-emergency.2. the ruling political parties existence being temporary and changing, in federal democratic constitution, but the bureaucracy and services, being permanent, unalloyed, and unadulterated bedrock of the state; should the high court as watch dog & custodian' of the constitution, strike down the laws intended to carry out 'mass sacking operations' and 'crackdown' on 'employees employed by earlier, ruling party', is yet another 'apex' controversy? the pivot of answers in this decision would be ambit, scope and dimensions of articles 14 and 16 of the constitution of india, detached from the political overtones.3. granting that neither 'lion' and 'ox' are equal, nor 'horse' and 'ass' can be classified in one and the same class for .....

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Apr 01 1981 (HC)

Chandrasingh and ors. Vs. the Board of Revenue and ors.

Court : Rajasthan

Decided on : Apr-01-1981

Reported in : 1981WLN666

..... 1, 1969 could not be made. it is not in controversy that the dispute between chandersingh and the central state farm was a dispute out of the contract and in case, the central state farm had not taken any steps in the proceedings in the first instance, it should have referred to the farm superintendent ..... case of any dispute the matter be referred to arbitration. clause (m) of the agreement (anx. 1) is as follows:(m) any disdute out of the contract will be referred to the farm superintendent for settlement. if the decision of the farm supdt. is not acceptable to the parties, the matter will then be referred ..... such persons and in such manner as he may direct or authorise.it is, thus, ovident that in order to comply with the requirement of the article, the contract (i) must be executed by a person duly authorised by the president or governor, as the case may be; (ii) must be executed by such person ..... furnished.the operational manager (agri.), central state farm, suratgarh has signed it.8. article 299(1) of the constitution of india is as follows:(1). all contracts made in the exercise of the power of the union or of a state shall be expressed to be made by the president, or by the governor of ..... referred to as 'the board').2. a few facts leading to these petitions may briefly be noticed. the government of rajasthan gave on lease a large contract of land about 33,00 acres to the central government for a period of 16 years from 1955 to 1971 for the purpose of establishing a mechanized farm .....

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