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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1984 Page 1 of about 20 results (0.015 seconds)

Jan 04 1984 (HC)

Chatur Bhuj Pokar Ram Vs. the Commercial Taxes Officer

Court : Rajasthan

Decided on : Jan-04-1984

Reported in : [1984]56STC75(Raj)

..... court has held inter alia :.section 8(3)(b) would therefore clearly cover a case where a registered dealer manufactures or processes goods for a third party on a job-contract and uses in the manufacture or processing of such goods, materials purchased by him against his certificate of registration and the declarations in form c, so long as the manufactured .....

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Apr 16 1984 (HC)

Redhey Shyam and anr. Vs. Sohan Singh Manohar Singh and ors.

Court : Rajasthan

Decided on : Apr-16-1984

Reported in : 1984WLN(UC)425

..... the same was made in enforcement of liabilities arising out of mutually agreed conditions of auction.22. the material available on the record clearly indicates that there was no tripartite contract between the respondent and the appellants. clause 30(a) of the agreement relied on by the appellants reads as under:clause 30(a)all quarry fees, royalties, octroi dues ..... there were specific c editions for the sale. the contractors impeached the validity of the contractual obligations. their lordships analysing the situation were pleased to observe that a concluded contract must be held to have cone into existence between the parties. that, the appellants have displayed ingenuity in their search for invalidating circumstances but a writ petition was not an ..... the work or after the completion or abandonment thereof, or the contract by the contractor shall be final conclusive and binding on the contractor.15. it is pertinent to observe that the various matters mentioned therein for which the decision of the ..... of workmanship or materials used on the work or as to any other question, claim, right, matter, or thing whatsoever in any way arising out of, or relating to, the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions, or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress as .....

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Jan 16 1984 (HC)

Sunder Das Jindal and Company Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-16-1984

Reported in : [1984]56STC89(Raj); 1984()WLN267

..... was charged. the contractor was responsible for making his own arrangement for the remaining raw materials such as fuel, wood, kerosene, etc. the contract was for manufacture and for supply of bricks and tiles and the property in the bricks and tiles did not pass to the state government until ..... the bricks was entirely of the assessee. he had not only to manufacture them but also to stack them for facilitating delivery. the essence of the contract was, therefore, the delivery of the bricks after manufacture. the present case cannot be distinguished from the decision of chandra bhan gosain's case [1963 ..... writing. if any material is not required by the government, the contractor shall not remove or sell the same on the completion of the contract and if any material is not required by the government, the same may be released to the contractor with permission of the executive engineer and ..... remained vested in the state government. the additional commissioner, sales tax, rajasthan, jaipur, by his order dated 31st august, 1968, held that the contract entered into by the assessee-firm with the government was for the supply of pucca bricks and tiles for valuable consideration and as such the assessee was ..... act, 1954, for the purposes of the present controversy 2. the assessee-firm m/s. sunderdass jindal and co., suratgarh, entered into a contract on 31st october, 1964, with the government of rajasthan for manufacture and supply of bricks and tiles to the state government for use in the .....

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Jan 16 1984 (HC)

Birla Jute and Industries Ltd., Chittorgarh and anr. Vs. Rajasthan Sta ...

Court : Rajasthan

Decided on : Jan-16-1984

Reported in : AIR1984Raj78; 1984()WLN116

..... also of no avail, for it does not deal with preferential supplies and the like. on the other hand, it deals with discontinuance of supply to consumers, who have already contracted for its supply, with a view to maintaining the supply and securing its equitable distribution in periods of demand for energy exceeding its supply. section 78a of the 1948 act ..... under section 22b, electricity act, 1910, to control the distribution and consumption of energy and for that end in view to direct the rseb to subject all consumers, notwithstanding any contract to the contrary, to power-cuts from time to time. counsel also frankly conceded that the state government has power under section 22a of the said act to give directions ..... a regular and continuous supply of a minimum of 8 mw of power at 60% load factor even during the period of a 100% power-cut, the petitioners who have contracted for the supply of 10.824 mw are not being supplied any power during such periods.3. the petitioners grievance is that the action of the state government and the .....

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Oct 22 1984 (HC)

Malu Khan Lalu Khan Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Oct-22-1984

Reported in : [1986]157ITR457(Raj)

..... the head 'fraudulent' (p. 215) under section 22 of the act:' where the object of an agreement between a and b was to obtain a contract from the commissariat department for the benefit of both, which could not be obtained for both of them without practising fraud on the department, it was held ..... the obtaining of the licence in such manner would be said to have been done fraudulently. the object of the partnership deed was to carry out the contract so obtained.'7. the tribunal by its order (annexure-j) dated august 16, 1975, dismissed the appeal in respect of the assessment years 1967-68 ..... allowed by the income-tax officer to begin with. the income-tax officer was of the opinion that the firm formed by the persons to secure wine contract, which they were not legally entitled to, is invalid as well as non-genuine. he, therefore, cancelled the registration granted in respect of the ..... inserted by the notification dated october 14, 1965, but expressed the opinion that earlier also minors were not allowed either to bid or to take liquor contract because they have to enter into an agreement and an agreement with a minor cannot be considered valid. he, therefore, gave a notice to the assessee ..... chimankhan, aged 40 years, resident of bikaner, party hereto of the second part, whereas the parties hereto of the first and second parts have taken a contract for the sale of country liquor for alaksagar well, bikaner, and whereas they have agreed to admit one shri lalu khan, son of hussain khan, a .....

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Apr 04 1984 (HC)

Mohd. Usman Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Apr-04-1984

Reported in : AIR1984Raj156; 1984()WLN475

..... disconnection of the supply. the plaintiff again wrote letter (ex. 8) to the defendant's engineer in which he clearly alleged a breach of the contract and threatened action in a court of law. this shows that the plaintiff did not agree at any stage to the payment of annas 8 per unit ..... to the ownership ofnorthern railway administration. in the instant case, the appellant is not seeking to enforce the, contractual obligations.to prevent any breach of contract. the claim of the petitioner-appellant is thathe had by means of acceptance of the bid became the owner of the goods and the refusal by ..... the sale of specific or ascertained goods, the property in them is transferred to the buyers at such time as the parties to the contract intend it to be transferred. sub-section (3) of section 19 further lays down that unless a different intention appears, the rules contained in sections ..... detail and held that the property under auction sale had passed to the highest bidder, the sale was of particular lot and therefore, it was a contract for the sale of goods which was ascertained one. s, 19 of the sale of goods act provides that where there is a con-tract for ..... their lordships observed as under :'acceptance under protest of payment in full satisfaction of amount due under contract is no accord of satisfaction in the sense of bilateral consensus of intertion and does not discharge the contract so as to disentitle the person accepting payment, to enforce the term in the con-tract to .....

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Sep 28 1984 (HC)

Rambilas Chandram Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Sep-28-1984

Reported in : [1985]156ITR344(Raj)

..... or more partners subject to the conditions referred to in sections 31 to 35 of the partnership act. in the case of death of a partner, there should be a contract express or implied between the partners that the firm shall not be dissolved by the death of a partner...... the partnership act struck a medial note as between these two ..... act of 1932' herein) deals with dissolution by agreement. it lays down that a firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners. section 42 of the act of 1932 deals with dissolutions on the happening of certain contingencies. the material part of it is as under: ' section 42. dissolution ..... on the happening of certain contingencies,-- subject to the contract between the partners a firm is dissolved--...... (c) by the death of a partner; and.........' 32. dissolution under section 42 of the act is subject to the ..... contract between the partners. if the partnership agreement provides for the continuance of the partnership after the death of a partner, then, on the death of a partner, the firm will .....

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Nov 27 1984 (HC)

R.J. Engineering and Iron Re-rolling Mills Vs. Union of India (Uoi) an ...

Court : Rajasthan

Decided on : Nov-27-1984

Reported in : 1985(4)ECC243; 1986LC205(Rajasthan); 1985(22)ELT782(Raj)

..... be recovered back while taxes paid under appeal allowed mistake or ract may ordinaruy be recovered back (see corpus juris secundum, volume 84, page 637). although section 72 of the contract act has been held to cover cases of payment of money under a mistake of law, as the state stands in a peculiar position in respect of taxes paid to .....

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Mar 29 1984 (HC)

Central India Machinery Mfg. Co. Ltd. Vs. the State of Madhya Pradesh ...

Court : Rajasthan

Decided on : Mar-29-1984

Reported in : 1985(1)WLN114

..... : (1979)iillj217sc , the rule inhibiting arbitrary action by the government would equally apply where such corporation dealing with the public whether by way of giving jobs or entering into contracts or otherwise and it cannot act arbitrarily and its action must be in conformity with some principle which meets the test of reason and relevance.now if appellant entered into ..... duties and has remanked that a distinction which needs to be clarified is that between public duties enforceable by mandamus, which are usually statutory, and duties arising merely from contract and that contractual duties are enforceable as matter of private law by the ordinary contractual remedies such as damages, injunction, specific performance and declaration and that they are not ..... board. the learned single judge has held that the jurisdiction under article 226 of the constitution of india cannot be invoked for the purpose of enforcing rights arising under a contract. shri rangarajan has assailed the aforesaid finding recorded by the learned single judge. in this connection the first contention urged by shri rangarajan was that the appellants are not ..... interest amount of rs. 5,89.129/- remains outstanding against the electricity beard on account of additional amount payable to cimmco under the wage escalation clause in the two contracts. the case of the appellants is further that the electricity board has failed to make aforesaid payment even though the demand was made.3. the appellants filed a writ .....

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Aug 06 1984 (HC)

Firm Jethmal Vs. Ram Nath

Court : Rajasthan

Decided on : Aug-06-1984

Reported in : 1984WLN626

..... shop was in actual possession of one modaram as a tenant of the custodian department. the symbolic possession of the shop was delivered to ram niwas against his executing an indemnity bond for a sum of rs. 6,100/- on january 16, 1958. the sale pries of the shop was to be adjusted against the compensation which ram niwas was to ..... money that has been paid for a certain consideration which has absolutely failed is a right of civil nature and may be founded on principle underlying section 65 of the contract act. the money may be recovered also on the principle of paid and received.20. thus, so far this court is concerned, the auction purchaser is entitled to maintain the .....

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