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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1985 Page 1 of about 35 results (0.017 seconds)

Sep 25 1985 (HC)

Commercial Taxes Officer Vs. B.R. Oil Mills and anr.

Court : Rajasthan

Decided on : Sep-25-1985

Reported in : 1986(2)WLN111

..... that the burden is not discharged by merely showing that property in the goods which belongs to the party performing the service or executing the contract stands transferred to other party;(7) that the question whether there is an agreement to sell, packing material is a pure question of fact ..... the following principles may be conveniently laid down for the consideration, if packing material is subjected to levy of sales tax:(1) there should be a contract to sell the packing material between the parties and to constitute sale there should be passing of title to such goods and the property, in fact ..... printer was required to maintain while despatching the question papers. on the basis of this authority, it was argued that in the absence of the contract for the sale of packing material any supply of packing material has to be treated as incidental to the packing work involved.28. in goverdhan cement ..... material was considered, and the supreme court in that case observed that if merely title to the goods passes but not as a result of any contract between the parties, express or implied, there is no sale. so also, if the consideration for the transaction was not money, but other valuable ..... chattel passes to the other party and the services rendered in connection with the installation are under a separate contractor are incidental to the execution of the contract of sale. in that case, the cases of (1) state of rajasthan v. man industrial corporation ltd. 1969 (24) stc 349, mahalaxmi cotton .....

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May 06 1985 (HC)

Sohanlal Basant Kumar Vs. Umraomal Chopra

Court : Rajasthan

Decided on : May-06-1985

Reported in : 1985(1)WLN791

..... requirements contained in section 69(2) ought to be fulfilled if a suit is filed by or on behalf of a firm to enforce a right arising out of a contract, against a third party.40. in purushottam umed bhai & co. v. m/s manilaland sons : [1961]1scr982 , it was held that the provisions of order 30 ..... the suit. under section 69(2) only two conditions should be complied with by a firm in order to file a suit to enforce a right arising from a contract. it was observed in the aforesaid case that the second condition laid down in section 69(2) was also satisfied and the persons suing, i.e. the present ..... v. laxman triabuk and ors. air 1952 nagpur 57, wherein it was held that under section 69(2) no suit to enforce a right arising from a contract can be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have ..... 499 held that two mandatory requirements must be fulfilled before a suit filed by a partnership firm against a third party to enforce a right arising out of a contract could be instituted, namely, that the firm must be a registered firm and persons suing are or have been shown in the register of firms as partners of ..... proper interpretation of the provisions of section 69(2) of the act, which are as under: 69(2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have .....

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Jan 24 1985 (HC)

State of Rajasthan Vs. the Maharaja Shree Umaid Mills Ltd.

Court : Rajasthan

Decided on : Jan-24-1985

Reported in : 1985(1)WLN745

..... of such amount. sections 65, 70 and 72 are the bedrock of the above doctrine of law which, under english law, are called quasi-contracts and, under the indian contract act. 'have received statutory recognition.43. the relevant clause in the agreement of 1941 (ex. 1) which is regarding royalty, excise duty and ..... on the substance of the right, not on whether they can be fitted into a particular framework. the right here is not peculiar to equity or contract or tort, but falls naturally within the important category of cases where the court orders restitution if the justice of the case so requires.41. ..... paid to the defendant under the agreement not otherwise unlawful, it should pay back the amount to the plaintiff even if for some reasons the contract as such is not enforceable. the law safeguards against any unlawful enrichment at the cost of an innocent party and provides restitution in all such cases ..... the agreement was being paid or not.38. in order to appreciate the doctrine of equitable principles as contained in sections 65 and 70 of the contract act, it may be noticed that in the municipal committee, kishangarh v. maharaja kishangarh mills ltd. (ilr 1960 rajasthan 501), this court observed as ..... in depositing the royalty assumes importance for the purpose of deciding the crucial debate relating to the application of sections 65, 70 and 72 of the contract act.25. in this appeal, it has not been disputed that the royalty was paid between 2nd june, 1949 to 22nd january 1954 and, the .....

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Apr 10 1985 (HC)

Shambhu Dutt Shastri Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-10-1985

Reported in : 1986(2)WLN713

..... there and it was allowed to continue even under the covenant. thus, this ingredient of delivery is missing and for this reason also section 70 of the contract act will not apply.22. the second ingredient, 'in doing the said thing or delivering the said thing, he must not intend to act gratuitously' ..... was that they had only asked for some thing and, that was granted by the plaintiff. their lordships interpreted the provisions of section 70 of the contract act and came to the conclusion that from these facts it cannot be inferred that they were allowed to occupy building free of any obligation to pay ..... was with the union of india and the ex-ruler of the erstwhile state of alwar. their lordships were considering the provisions of section 70 of the contract act and, have considered the written statement filed by the defendant in the said case reported in bhagavada v. ps. soma iyer (supra). in para ..... of section 10 itself it is clear that where a person lawfully does anything for another person. the word 'lawfully does anything' are having privity of contract between the parties the person who is delivering the property, or is doing something must do with the consent of the parties for whom it is done ..... was running the college as a ruler of the erstwhile state and the expenses for the same were borne by the state. section 70 of the contract act runs as under:where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously and such .....

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Aug 19 1985 (HC)

Jamna Lal Mohan Lal Vs. Barkat Ali

Court : Rajasthan

Decided on : Aug-19-1985

Reported in : 1986(1)WLN350

..... 5 is to protect the tenants, who have built a permanent structure either for business or for residence, provided it has been built within five years of the terms of contract, would fall within section 5(i)(a) even though those constructions had been made before the date of commencement the act. thus, the very scheme of section 5(/)(a) clearly ..... legislature is competent to take away vested rights by means of retrospective legislation. similarly, the legislature is undoubtedly competent to make laws, which override and materially affect the terms of contracts between the parties; but the argument is that unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf no provision of ..... , and has in pursuance of such terms actually built within the period of five years from the date of such contract, a permanent structure on the land of the tenancy for residential or business purposes or where a tenant not being so entitled to build, has actually built any such structure ..... , 1955 was considered. sub-section (1)(a) of section 5 of that act provided that not with standing anything in any contract or in any law for the time being in force--(a) where under the terms of a contract entered into between a landlord and his tenant whether before or after the commencement of this act tenant is entitled to build .....

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Mar 27 1985 (HC)

Ramnagar Cane and Sugar Co. Ltd. Vs. Commercial Taxes Officer

Court : Rajasthan

Decided on : Mar-27-1985

Reported in : [1987]64STC96(Raj)

..... it had overriding effect and if it stipulated that the freight was payable by the producer, such stipulation must prevail, notwithstanding any term or condition of the contract to the contrary. this case is totally distinguishable and lends no assistance for deciding the controversy raised in the present case before us.25. in state of ..... pradesh high court, it was held that on the facts and circumstances of the case, the tribunal was correct in holding that there was an implied contract of sale of packing materials, i.e., bardana and patti, along with the sale of cotton bales. it was also held that when different articles ..... , apprehending that it may have to pay sales tax on the freight, the company collected sales tax on the freight, the true nature of the contract between the company and the purchasers cannot on that account be altered. that the company may be liable to refund the amount of excess sales tax to ..... extra for packing materials and that the price was the same to whatever place they were sent. it was not disputed that there was no express contract of sale of the packing materials.15. it was held by their lordships of the supreme court that:whether there was an agreement to sell the ..... submitted by mr. bapna, learned counsel for the department, that the assessee was not a dealer of empty tins and there was no express or implied contract of sale of the packing material, i. e., empty tins and a mere mention of the cost of empty tin containers separately in the bills cannot .....

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May 15 1985 (HC)

Rajendra Kumar Shah Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-15-1985

Reported in : 1985(2)WLN81

..... have also pleaded that the petitioner has no legally enforceable right and that the transaction which is foundation for the present writ petition, is in the nature of a wagering contract which is not enforceable under law.5. before the contentions urged by shri s.m. mehta, the learned counsel for the petitioner and the learned advocote general for the respondents ..... government at the instance of the promisee, not with standing that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. it is elementary that in a republic governed by the rule of law no one, how so ever, high or low, is .....

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Apr 08 1985 (HC)

The State of Rajasthan and ors. Vs. Duduwala and Company

Court : Rajasthan

Decided on : Apr-08-1985

Reported in : 1985(1)WLN715

..... the part of the society to improve the general economic conditions of some of its less favoured members has resulted in supersession of the old principles of absolute freedom of contract and has given recognition to the new concepts of social welfare and common good. now the directive principles of state policy not only enjoin upon the state to strive to ..... the control of rents in such areas. the subject of relationship of landlord and tenant and the collection of rents is covered under item mo. 18 of list ii, while contracts and transfer of property, other than agricultural land forms subject matter of items nos. 6 and 7 of list iii. in the aforesaid case it was argued regarding the scope ..... . if the workmen are to be secured in the enjoyment of minimum wages, they would be protected against exploitation by employers. the provisions of the act undoubtedly restrain freedom of contract of the employers, but such restriction cannot be considered to be unreasonable in the larger context of social justice and welfare of labour. as the act purports to prevent exploitation .....

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May 20 1985 (HC)

Hanuman Prasad Choudhary and ors. Vs. Rajasthan State Electricity Boar ...

Court : Rajasthan

Decided on : May-20-1985

Reported in : 1985(2)WLN219

..... terminating their services, the petitioners had ceased to be apprentices and had become regular employees of the board. in this connection the submission of shri kuhad was that under the contract of apprenticeship the period of training was three years which expired in january/february, 1981 and that inspite of the completion of the aforesaid period of apprenticeship the petitioners were ..... of the term 'apprentice' as contained in section 2(aa) of the apprentices act, it is applicable only to persons who are undergoing apprenticeship training in pursuance of the contract of apprentices executed under section 4 of the said act. it is possible to visualise persons who may be engaged as apprentices but who are not covered by the apprentices ..... obligatory on the part of the apprentice to accept an employment under the employer.(2) not with standing anything in sub-section (1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment ..... act. the expression 'apprentice' has been defined in section 2(aa) of the said act as under:apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.5. section 18 of the apprentices act expressly lays down that the apprentices are trainess and not workers and provides as under:18. apprentices are trainees and not .....

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Jul 17 1985 (HC)

Johny Wilson Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jul-17-1985

Reported in : 1986CriLJ1235; 1986(1)WLN484

..... true that the words used, even in their literal sense are the primary and ordinarily the most reliable source of interpreting the meaning of any writing; be it a statute, contract or anything else. but it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary; but to remember that .....

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