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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1982 Page 1 of about 20 results (0.031 seconds)

Oct 20 1982 (HC)

State of Rajasthan and anr. Vs. Jai NaraIn Jha and anr.

Court : Rajasthan

Decided on : Oct-20-1982

Reported in : 1982WLN628

..... deputy commissioner, excise and customs in token of acceptance ofthe tender. it was admitted in that case undoubtedly that the deputy commissioner, who had accepted the bid entered into the contract on behalf of the government. the first requirement, pointed out by their lordship of supreme court in bihar bihar eastern gangetic fishermen cooperative society's case (4) was not ..... accepted the tender of the respondent, subject to the conditions prescribed therein.' similarly in davecos garments factory and anr. v. state of rajasthan : air1971sc141 , as mentioned above, one of contracting parties was described as 'governor of the state of rajasthan'. in rclliaram's case and devecos's case, the only defect pointed out was that the person who executed the ..... in rallia ram's case : [1964]3scr164 their lordships of the supreme court observed that 'the correspondence between the parties ultimately resulting in the acceptence note amounted to a contract expressed to be made by the government and therefore, by the governor general, because it was the governor general who had invited the tender through the director of purchases, ..... fishermen cooperative society ltd. v. sipahi singh and ors. : [1978]1scr375 their lordships of the supreme court specified with clarity the requirements which must be satisfied to make a contract, entered with the state or the union government, enforceable under the law:it is now well settled that the provisions of article 299 of the constitution which are mandatory in .....

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Apr 27 1982 (HC)

Smt. Nirmala Gehlot Vs. the Director of Primary and Secondary Educatio ...

Court : Rajasthan

Decided on : Apr-27-1982

Reported in : 1982WLN195

..... was merely to set at naught the order of wrongful dismissal of the workman by the employer and to reinstate him in the service of the employer as if the contract of employment originally entered into had been continuing. in the light of these observations in that decision, that part of the order of the presiding officer wherein he ordered that ..... that status quo ante is restored as if no order of termination was passed and the service would continue to be governed by the same terms and conditions of the contract of service. this would mean, if the above observations are applied to the present case, that the effect of reinstatement is only this that the petitioner would continu to remain ..... relations between the parties and the workman continues in the employ of the employer under those terms and conditions. there is no variation of those terms and conditions of the contract. the only thing which happens is that the workman is reinstated in his old service as before.the above observations of their lordships of the supreme court instead of helping ..... order of wrongful dismissal of the workman by the employer and to reinstate him in the service of the employer as if the contract of employment originally entered into had been continuing.the terms and conditions of the contract which obtained when the workman was in the employ of the employer prior to his wrongful dismissal which has been set aside continue .....

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Jan 05 1982 (HC)

Mewar Textiles Mills Ltd., Bhilwara Vs. Sita Ram Basanti Lal Jain

Court : Rajasthan

Decided on : Jan-05-1982

Reported in : AIR1982Raj215

..... the two tower courts, there was no fault committed by the plaintiff as an agent and it was the defendant textile mills, who committed a breach of contract in not taking the delivery of the coal by getting the rail-way receipt released from the bank and as such the plaintiff was certainly entitled to file ..... act has also been recognised under s. 221 of the contrad act. we are clearly of the opinion that under this provision of s. 221 of the contract act, the plaintiff being an lagent had a lien on the goods for the price paid by him as well as the com-'mission. the authorities relied upon ..... 135. on the proposition that in case of agreement to sell the only remedy of the plaintiff was to bring a suit for damages on account of breach of a contract, reliance is placed on the following authorities :ford automobile (india) ltd. v. delhi motor and engineering co., air 1923 bom 125; gulab rai sagar mal v ..... in these circumstances had no right to bring a suit for the recovery of price, but the remedy was to file a suit for specific performance of the contract or to claim damages. it was also argued that the plaintiff is bound by the pleadings of his own case and it is well set-, tied as ..... learned single judge held that the question as to when property in goods passes, depends upon the intention of the parties having regard to the terms of the contract, their conduct, and the circumstances of the case. simply for the fact that the agent had paid the price of goods on behalf of its principal, it .....

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Apr 15 1982 (HC)

Shesh Mal and ors. Vs. Harak Chand and ors.

Court : Rajasthan

Decided on : Apr-15-1982

Reported in : AIR1983Raj109

..... the vendee being already in possession of the property which was sought to be sold, continued to remain in possession thereof in part performance of the contract since june, 1953 and the plaintiffs did not make any attempt to disturb the possession of the vendee at any time. in fact, the present ..... of the supreme court laid down that the following conditions were necessary for making out the defence of part performance:--'(1) that the transferor has contracted to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can ..... from passing to the vendee, provided delivery of the property has taken place. in such a case the deed would not be evidence of the contract of sale but would be evidence of the negotiations concerning the transaction. on the question as to whether the fact that the usufructuary mortgagee was in ..... the sale was effected by an oral agreement to sell, accompanied by delivery of possession and execution of an unregistered document of sale and as the contract was in writing but unregistered, it was held to be invalid. with great respect to the learned judges who decided the case, it may be ..... 91 of the evidence act. it was observed in that case that if a sale was effected by delivery of the property, the terms of the contract having been settled by parol agreement, the transaction could be effected or carried out by delivery. but the moment the parties reduced the terms into .....

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Jan 15 1982 (HC)

Mewar Textiles Mills Ltd. Vs. Sita Ram Basanti Bai Jain

Court : Rajasthan

Decided on : Jan-15-1982

Reported in : 1982WLN7

..... two lower courts, there was no fault committed by the plaintiff as an agent and it was the defendant textile mill, who committed a breach of contract in not taking the delivery of the coal by getting the railway receipt released from the bank and as such the plaintiff was certainly entitled to file ..... air1963ap135 . on the proposition that in case of agreement to sale the only remedy of the plaintiff was to bring a suit for damages on account of breach of contract, reliance is placed on the following authorities;the ford automobiles (india) ltd. v. the delhi motor and engineering co. air 1923 bombay 125.gulab bai sugar mal ..... circumstances had no right to bring a suit for the recovery of the price, but the remedy was to file a suit for specific performance of the contract or to claim damages. it was also argued that the plaintiff is bound by the pleadings of his own case and it is well settled as laid ..... single judge held that the question as to when property in the goads passes, depends upon the intention of the parties having regard to the terms of the contract, their conduct, and the circumstances of the case. simply for the fact that the agent had paid the price of goods on behalf of its principal, ..... the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called as an agreement to sale. under section 19 for the purpose of ascertaining the intention of the parties regard shall be had to the terms .....

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Oct 21 1982 (HC)

Durga Singh and ors. Vs. Mal Singh and ors.

Court : Rajasthan

Decided on : Oct-21-1982

Reported in : 1982WLN(UC)371

..... case before their lordships of the privy council, a suit for specific performance of a verbal agreement made in 1912 was sought to be converted into one for breach of contract made in 1903 their lordships of the privy council refused to allow the amendment and held that a plaintiff who came to the court on the basis of one ..... contract could not be permitted to set up and establish another independent contract. in the present suit, the real question in controversy between the parties is in the matter of alleged adoption of the plaintiff malchand by .....

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Dec 15 1982 (HC)

Smt. Sayar Bai Vs. Smt. Yashoda Bai and ors.

Court : Rajasthan

Decided on : Dec-15-1982

Reported in : AIR1983Raj161; 1982()WLN621

..... nor are comparable to a transfer. they are one sided wrongful 'acts and not bilateral trans-actions of a kind which ordinarily constitute 'deals' or dealings with property (e. g. contracts to sell). they cannot confer immediate rights on the possessor. continued illegal possession ripens into a legally enforceable right only after the prescribed period of time has elapsed. it matures ..... legally enforceable right after the expiry of the prescribed period of time. but so far as bilateral transactions are concerned, when property is transferred by one person to another by contract or the like, the transferee is undoubtedly bound on account of the provisions of section 52 of the transfer of property act by the decree or order, which may be .....

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Aug 06 1982 (HC)

Shah Nemji Chitarmal Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Aug-06-1982

Reported in : 1982WLN(UC)441

..... v. harish chandra dwarka das and anr. : [1962]1scr653 , their lordships of the supreme court summarised the principles governing award of damage for breach of contract for supply of goods as under:the two principles on which damages in such cases are calculated are well settled. the first is that, as far as ..... thus, it is amply clear that although ordinarily it is the consignor who can sue for damages in transit to goods entrusted to railway because the contract of carriage is entered into between him and the carrier, but if the persons suing is neither the nor consignor the owner of the goods but ..... himself while the consignment is booked in the name of other person...as we have said already, ordinarily, the consignor is the person who has contracted with the railway for the carriage of goods and he can sue; and it is only where title to the goods has passed that the consignee ..... j. speaking for the court observed as under:ordinarily, it is the consignor who can sue if there is damage to the consignment, for the contract of carriage is between the consignor and the railway administration. where the property in the goods carried has parsed from the consignor to some one else, ..... has to be decided on the basis of evidence. their lordships observed that a consignor cansue if there was damage to the consignee, because the contract of carnage was between the consignor and the railway administration. but where the property in the goods carried had passed from the consignor to the consignee .....

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Jul 06 1982 (HC)

H.S. Chauhan and ors. Vs. Life Insurance Corporation of India and ors.

Court : Rajasthan

Decided on : Jul-06-1982

Reported in : 1982WLN321

..... of section 11 of the lic act was to provide for a smooth take over and to promote some common conditions of service in a situation where a jungle divergent contracts of employment and industrial awards or settlements confronted the state. unless such rationalisation and standardization were evolved the ensuing chaos would itself have spelt confusion, conflicts and difficulties. this functional ..... to vary, modify or suspersede these contracts, geared to fair, equitable and, as far as possible, uniform treatment of the transferred staff. unless there be unmistable (unmistakable) expression of such intention, the id act will continue to ..... initially to absorb the motley multitudes from many companies who carried with them varying incidents of service so as to fit them into a fair pattern, regardless of their antecedent contracts of employment of industrial settlements or awards. it was elementary that the corporation could not perpetuate incongruous features of service of parent insurers, and statutory power had to be vested .....

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Apr 01 1982 (HC)

The Municipal Board Phalodi Through Its Chairman Vs. Krishna Gopal Jos ...

Court : Rajasthan

Decided on : Apr-01-1982

Reported in : 1982WLN(UC)78

..... pleased to order that the state of government had no jurisdiction to pass an order extending the service of servant, as it could not by unilateral action create a fresh contract of service to make effect from april 1, 1961. if the state government wished to continue the service of respondent for a further period, it should have issued a notification .....

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