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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1986 Page 1 of about 21 results (0.017 seconds)

Sep 03 1986 (HC)

Santosh Rani and anr. and the New India Assurance Co. Ltd. Vs. Sheela ...

Court : Rajasthan

Decided on : Sep-03-1986

Reported in : I(1987)ACC134

..... sale of the vehicle; it cannot contend that accident happened due to the negligence on the part of the transferee arid insurance company not liable it cannot contend that its contract is with the transferor and it is not responsible to redeem the compensation payable by the transferee; because such defences are not contemplated under section 96(2).same view was ..... on issues no. 3, 7 and 8 are contradictory. it was argued that findings on issues no. 3, 7 and 8 are contradictory. it was argued that contract of insurance company is a contract of personal indeminity and insurer cannot transfer the policy without any express agreement to the insurance company. it was also argued that under section 110-b of the .....

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Sep 05 1986 (HC)

Lekh Raj Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Sep-05-1986

Reported in : 1987(1)WLN774

..... cannot be held to be arbitrary or unguided.56. now, i turn to the contention of the learned counsel for the petitioners that the contract is a contract of adhesion and the impugned expression in condition no. 1(ga) of the licence is unreasonable and liable to be struck down.57. ..... commissioner to vary unilaterally the issue price is arbitrary and unreasonable. learned counsel further submits that condition 22(kha) also contravenes section 29 of the contract act and should be declared as null and void.50. i propose to consider first the submissions of the learned counsel relating to the contravention ..... necessary to multiply cases on this point. suffice it to say that the law is well settled that the licensees having voluntarily entered into the contract and having enjoyed the licence to their benefit, could not be permitted to avoid their contractual obligations and the preliminary objection raised by the ..... at the out set is the one advanced by the additional advocate general as a preliminary objection that the petitioners having voluntarily entered into a contract and having worked the licence for the entire term cannot now be allowed to challenge the validity of the same. relying on state of rajasthan ..... as the conditions of the licence made clear at the time of tender and well within your knowledge ad in which you are a voluntarily contracting party clearly provides that 80% of the issue price prevalent on 1st of january preceding the financial year for which the settlement is made .....

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Jul 01 1986 (HC)

Commercial Taxes Officer Vs. Beecham Ores and Minerals and anr.

Court : Rajasthan

Decided on : Jul-01-1986

Reported in : [1987]64STC12(Raj)

..... cotton to the foreign country so as to article 286 of the constitution. in this connection this court pointed out that neither there was any contract nor statutory provision binding the petitioner-company to export the cotton bales purchased from the local dealers, nor there was any binding agreement between ..... cent was to be paid after destinational weight and analysis on the basis of the documents mentioned in the state trading corporation's corresponding sale contract with buyers. the supreme court held that the sales by the appellants to the state trading corporation were not sales in the course of export ..... the export being inextricably linked up with the sale so that the bond cannot be dissociated without a breach of the obligation arising by statute, contract or mutual understanding between the parties arising from the nature of the transaction, the sale is in the course of export.10. in that case ..... seller to export, there must be an obligation to export and there must be an actual export. the obligation may arise by reason of statute, contract between the parties, or from mutual understanding or agreement between them, or even from the nature of the transaction which links the sale to export ..... sale and export, the two activities being so integrated that the connection between the two cannot be voluntarily interrupted, without a breach of the contract or the compulsion arising from the nature of the transaction. in this sense to constitute a sale in the course of export it may be .....

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Feb 10 1986 (HC)

Commissioner of Income-tax Vs. Rooplal Danchand

Court : Rajasthan

Decided on : Feb-10-1986

Reported in : (1986)57CTR(Raj)79; [1986]162ITR742(Raj); 1986(2)WLN756

..... . in that case, rights under the licences were transferred in contravention of the rules contained in the notification. a finding was recorded that as the partnership merely amounted to such contract, it cannot be registered. uwacharan shaw's case : [1959]37itr271(sc) was also referred to. the view taken by the punjab high court in cit v. benarsi das and company ..... country liquor. they formed a partnership with five others under a partnership deed dated april 9, 1961. that partnership deed provided that the firm was to do business of excise contract which may be taken in the name of any partner or partners and such business would be deemed to be the business of the firm. the firm applied for registration ..... from section 62 of the excise act that, amongst others, contravention of any provision of the act or any rule or order has been made punishable. section 23 of the contract act makes mention of the consideration and objects that are unlawful arid what not. from the facts regarding which there is no dispute, it is clear that the licence was ..... clear that there was a statutory prohibition in that case.17. in narsaiya & co. v. cit : [1983]143itr304(mp) , the excise contract was taken by an individual. that individual formed a partnership. the agreement of partnership related to a liquor contract. there were conditions under rule vi of the m.p, excise rules. no written permission of the collector was obtained and .....

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Jan 02 1986 (HC)

Commissioner of Income-tax Vs. Rajasthan Wool Agencies

Court : Rajasthan

Decided on : Jan-02-1986

Reported in : (1986)54CTR(Raj)392; [1986]160ITR358(Raj)

..... settled by the award of such damages and their acceptance by the aggrieved party is the dispute between the parties. the law, however, speaks of a settlement of the contract, and a contract is settled when it is either performed or the promisee dispenses with or remits, wholly or in part, the performance of the promise made to him oraccepts instead of ..... the supreme court in cit v. shantilal p. ltd. : [1983]144itr57(sc) . his lordship pathak j., speaking for the court, made the following illuminating observations (at p. 60):'is a contract for the purchase or sale of any commodity settled when no actual delivery or transfer of the commodity is effected, and instead, compensation is awarded under an arbitration award as ..... business or professionshall be allowed in computing the income chargeable under the head ' profits and gains of business or profession'. 43. (5) 'speculative transaction' means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips ..... whom goods were supplied by the assessee. he observed as under :'therefore, it is doubtful that the alleged claim of deduction represents compensation for failure for non-performance of a contract alleged to have been entered into between the assessee-firm and the ludhiana parties. since the assessee-firm failed to establish that it had at all entered into agreement for .....

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Mar 18 1986 (HC)

R.S.E.B., Vidyut Bhawan Vs. the Indian Aluminium Cables Ltd., New Delh ...

Court : Rajasthan

Decided on : Mar-18-1986

Reported in : 1988(1)WLN191

..... . high trees house ltd.what is the effect of that conduct in law? mr. monatra says with force that it is nothing else than an oral variation of a written contract a contract which, under the sale of goods act, 1898, has to be in writing, and he says, therefore, under the authority of morris v. baron (1918) ac 1, this variation ..... are made by rail. in case, the despatches are required by road the date of consignees receipted challans shall be considered relevant.19. a perusal of the different clauses of contract agreement, purchase order and specification make it abundantly clear that arbitration clause existed which was subsequently amended and it was agreed upon that there should be two arbitrators to be ..... to depute its fully authorised representative to discuss the matter concerning supply but the latter failed to contact petitioner no. 1 as and when desired and instead of completing the contract by fixing of the production and the delivery programme by mutual discussion, appointed an arbitrator and, therefore, unless after agreeing of respondent no 1 in deferring the supply and insisting ..... , fixing january 24, 1983, but instead of sending a representative, the petitioner's case is that respondent sent a notice, dated february 22, 1983, through their counsel re-pudiating the contract calling upon to refer all disputes and differences to arbitrators and further informed about nominating shri s. rangarajan, sr. advocate, supreme court, as their arbitrator and requested to nominate the .....

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Sep 17 1986 (HC)

E.S.i. Corporation Vs. Laxmi Misthan Bhandar

Court : Rajasthan

Decided on : Sep-17-1986

Reported in : 1987(2)WLN578

..... court jaipur and uphold the judgment because obviously at the time workmen joined the establishment of the non-applicants, there was no term of the contract and ensuring payment of service charges. moreover, it has also come on the record that service charges have been with drawn somewhere in 1978 and ..... , the terms of scheme must be examined and it must be ascertained whether the bonus paid under the scheme is part of the terms of contract or employment, as was the case in hyderabad asbostes cement products ltd.'s case 1977 lab ic 313 ap before chinnappa reddy and punnayya, jj ..... by the employees after he has successfully satisfied the requirement laid down by the employer for earning reward cannot mean that this payment becomes a part of contract of employment.7. in esi corporation v. andhra pradesh paper mills ltd. rajahmundry : (1978)illj469ap the andhra pradesh high court held that definition of ..... incentive payments, if certain specified conditions were fulfilled by the employees. the supreme court held that it was not the term of contract of employment with in the meaning of the definition of 'wages' as given in section 2(22).6. the hon'ble supreme court observed as ..... case of giving reward to the employees was considered. it was held that the inam or reward was not mentioned upon at the original terms of contract of the employment and the employees were expected to work for certain periods at agreed rates of wages and the offer under the scheme was to mate .....

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Dec 08 1986 (HC)

Asha Iron Traders Vs. Ahmed Bhai

Court : Rajasthan

Decided on : Dec-08-1986

Reported in : 1987(2)WLN889

..... high court in tulsiram v. anni bai : air1963ori11 , wherein it has been held that normally the partnership would stand dissolved on the death of a partner unless it is otherwise contracted for, but it is found from the subsequent conduct of the parties that despite the death of a partner, the partnership business continued and functioned, then it would be taken .....

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Mar 07 1986 (HC)

Prakash Chandra and ors. Vs. the Oriental Fire and General Insurance C ...

Court : Rajasthan

Decided on : Mar-07-1986

Reported in : I(1987)ACC152

..... limit of twenty thousand rupees;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, in respect of persons other than passengers carried for hire or reward, a limit of twenty thousand rupees; and in respect of passengers a limit of twenty thousand ..... for the purpose of interpreting section 95(2)(b)(ii)(4) of the act. it was held in shekhupura transport co. ltd.'s case that in the absence of any contract to the contrary the statutory liability of the insurer to indemnify the insured is as prescribed in section 95(2)(b) of the act as it stood then. this case .....

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Aug 07 1986 (HC)

J.K. Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Aug-07-1986

Reported in : 1987(12)ECC389; 1987(10)LC307(Rajasthan); 1986(26)ELT703(Raj); 1986(2)WLN612

..... observed as under :-'the doctrine of promissory estoppel represents a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the basis of this doctrine is the interposition of equity which has always true to its form, stepped in to mitigate the rigour of ..... made by the government and altered its position is entitled to enforce the promise/representation against the government though the promise or representation is in not in the form of contract as required by article 299 of the constitution.13. in this connection it is also relevant to mention another judgment of their lordships of the supreme court in the case .....

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