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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1987 Page 1 of about 25 results (0.016 seconds)

Apr 08 1987 (HC)

New India Assurance Company Ltd. Vs. Smt. Sheela Rani and ors.

Court : Rajasthan

Decided on : Apr-08-1987

Reported in : 1989(2)WLN256

..... without notifying the insurer in the prescribed from under section 103-a of the act the insurance being contract of indemnity when the insurer is no longer owner of the vehicle, the contract fails and lapses. such a contention is open to the insurer in a claim against the insurance company ..... the name of insured owner who has transferred the vehicle prior to the date of accident on the ground that its contractual liability to indemnity the transferee of the vehicle as he was left with no insurable interests from the date of the transfer effected in his favour an ..... the accident happened due to the negligence on the part of the transferee and the insurance company was not liable; it cannot contend that its contract is with transferor and it is not responsible to redeem the compensation payable, by the transferee; because such defences are not contemplated under section ..... the case of new asiatic insurance company and held that the insurance company was not liable to indemnify the transferee as there was no subsisting contract between the insurance company and the transferee.8. learned counsel shri g.c. mathur appearing for the claimants-respondents, on the other hand, ..... vehicle covered by the insurance policy before the date of accident without intimation to the insurer. it was held that there being no subsisting contract between the insurance company and the transferee the insurance company was not liable to indemnify the transferee and therefore, the claimants were not entitled .....

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Sep 21 1987 (HC)

Ferro Concrete Construction (India) (P) Ltd. Vs. Rajasthan State Elect ...

Court : Rajasthan

Decided on : Sep-21-1987

Reported in : 1988(2)WLN419

..... slope could begin after monsoon season was over which meant postponement of excavation work by about four months, out of the total duration of six months of the contract.31. the contract was finally to be approved by the chief engineer of rseb. the papers were submitted by the executive engineer to the deputy chief engineer. it was noted by ..... taken by the government must with stand the test of reasonableness and rationality. public interest is paramount consideration. there should be fair play in action. public authorities entrusted with contracts involving public element should not resort to favourtism, nepotism and jobbery.29. guided by these basic fundamental principles, the case of the petitioner-company has to be examined. while ..... : (1979)iillj217sc , laid emphasis that the government in a welfare state is the regulator and dispenser of special services and provider of a large number of benefits, including jobs, contracts, licences, quotas, mineral rights etc. the valuables dispensed by the government take many forms, but they all share one characteristic. he quoted with approval the observations of a.n. ..... in some other cases, and more so where revenue to the government is involved, highest bid at an advertised and open public auction is adopted as the method. in contracts for execution of public works, method of inviting tenders by publishing public notice is followed. in some very specialised matters and in establishing big industries and establishments, negotiations across .....

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Feb 11 1987 (HC)

Desraj Vs. Omprakash and anr.

Court : Rajasthan

Decided on : Feb-11-1987

Reported in : AIR1988Raj154; 1987(2)WLN268

..... 42nd amendment of the constitution in the preamble, giving supremacy and primacy to the rent control laws, it has virtually made the general laws like transfer of property act or contract act as subsidiaries, and as i think, all these laws have now become subservient and secondary laws.22. i, therefore, cannot agree with the view taken in the above-mentioned ..... a lease either by the lessor or the lessee by giving the requisite notice is an extra protection against eviction. the purpose of this provision is merely to terminate the contract which the overriding rent acts do not permit to be terminated. even if the lease is determined by forfeiture under the transfer of property act, the tenant continues to be ..... to be established is that the tenancy was terminated according to the provisions of the transfer of property act; and that relationship of landlord and tenant, and rent deed or contract does not prohibit eviction. in my humble opinion, after the rent control act has been enacted, amended and expanded, to talk of eviction under general law in areas where rent ..... by the amendment.7. now, a look at sections 13 and 13-a, which reads as under : --'section 13 eviction of tenants.-- (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether execution of a decree or otherwise, evicting the tenant so long as he is .....

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Jan 09 1987 (HC)

Motilal Chunnilal Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Jan-09-1987

Reported in : 1987(2)WLN126

..... & co. and it was observed that where there is some express prohibition by law or rule having the force of law against the action of the contracting party, the contract will be held to be void ; where there is no such prohibition, it will be upheld. the decision in benarsi das & co.'s case ..... necessarily imply a prohibition of the contract. the full bench of the allahabad high court in p. c. kapoor's case : [1973]90itr172(all) took the view that the only object of ..... one of its objects in imposing penalty is to protect the general public or any class thereof, it would be construed asimplying a prohibition of the contract. on the other hand, if the object of imposition of penalty is merely the protection of the revenue, then mere imposition of penalty would not ..... decision of the madras high court in d. mohideen sahib and co. v. cit : [1950]18itr200(mad) and it was held that as the partnership contract was itself void ab initio, the income-tax officer was justified in refusing registration to the partnership firm. these decisions of the madras high court were followed ..... be held that any interest in the licence was transferred in favour of the other partners. various partners agreed to carry on the business of excise contracts on the basis of the licence standing in the name of some of the partners. it necessarily implied an agreement that the business activity would be .....

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Jan 05 1987 (HC)

Rajasthan State Ware Housing Corporation Vs. Authority Appointed Under ...

Court : Rajasthan

Decided on : Jan-05-1987

Reported in : 1987(1)WLN503

..... that the authority under the wages act cannot refuse to entertain the application for fixation of wages on the ground that there is a variance between the contract pleaded by the workman and the contract relied upon by the employer. similarly the punjab and hariyana high court in gian chand har dass v. g. kay industries, amritsar 1971 lab. ic 1360 (vol .....

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Aug 31 1987 (HC)

Ballabh Das Vs. Rajesh Chand Gupta and ors.

Court : Rajasthan

Decided on : Aug-31-1987

Reported in : 1987(2)WLN778

..... firm. the other partners were not made liable and it was held that the provisions of the negotiable instruments act would prevail over those of the partnership act and the contract act.15. in thummala rama rao and ors. v. chodage venkateshwara rao and ors. : air1963ap154 , a promissory note was executed by a managing partner in his individual capacity, without giving ..... that where the suit was based on negotiable instrument then the terms of the negotiable instruments act were to be looked into and the provisions of the partnership act or contract act would not be looked into for purposes of determining the liability.12. in ghisulal v. hazi mohammed 1980 rlw 134 one of the partners took a loan and executed ..... the firm liable and not the individual signing. the decisions cited by him shall be looked into but his contentions are that the negotiable instruments act prevails over the indian contract act as well as the indian partnership act and the liability will be that of the person signing the pronote even if the amount has been utilised by the firm .....

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Apr 14 1987 (HC)

Himmat Singh and ors. Vs. Bhagwana Ram and ors.

Court : Rajasthan

Decided on : Apr-14-1987

Reported in : 1988CriLJ614; 1987(1)WLN538

ordern.c. sharma, j.1. bounded by main road and bal niketan on its front side, hack of reserve police lines on the other, ratanda area on its one corner and the main road and circuit house, jodhpur on the other, there lies a sufficiently big area of land which it appears, belonged to former ruler of the erstwhile princely state of jodhpur named maharaja ajit singh and which has now been named after him as ajit colony, this big area of land was an open land. it appears that in and after the years 1974 or so, non-petitioners started their trade of cutting cattle-fodder bought to their 'tals' and selling them on commission basis on different portions of this land. non-petitioners 1 and 5 have deposed the they had taken land of their 'tals' on rent. process of colonisation over this land seems to have started from the year 1980 or so. residential plots had been carved out on this land as appears from the two plans produced by the petitioners which are at page a3/15 and a3/24 of the case file of the court of city magistrate, jodhpur. plan at page a3/15 reveals that about 300 residential plots had been carved out. it might be that maharaja ajit singh had been, or was disposing of these plots to various persons. near about 200 residential houses have already been constructed and the colony named ajit colony very much appears to have become a residential colony.2. as already stated 'tals' of fodder run by non-petitioners still occupy sufficient area of the land. fodder is brought .....

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Dec 17 1987 (HC)

Ninau Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Dec-17-1987

Reported in : 1988(1)WLN66

1. this writ petition is bound to succeed on a very short but surest point that the petitioner who has been unseated from the post of chairman of the bharatpur kisan kriya vikraya sahkari samiti, bharatpur, was never allowed an opportunity to show cauie nor heard, nor served with a notice showing the alleged disqualifications.2. obviously an elected citizen, holding an elected office can never he unseated without observing principles of natural justice. further an opportunity of hearing against the alleged disqualifications is the basic principle of natural justice, so innovated by the supreme court in smt. menka gandhi's case air 1978 sc 597 make it incumbent upon any such authority, who wants to pass adverse order, to first allow an opportunity of hearing to the concerned party.3. the principle of 'audi alteram partem' which mandates that no one shall be condemned unheard, is part of the rules of natural justice. this principles is to be applied inrespective of the fact whether the statute in which the impugned order is passed provides for the same or not.4. their lordships in (he constitutional bench, consisting of beg, c.j. chandrachud, bhagwati, krishna iyer, untwalia murtaza and kailesam justices observed 'natural justice is a great humanising principle intended to invest law with fairness and to secure justice and over the years it has grown into a widely pervasive rule affecting large areas of administrative action.it would not be right to conclude that the audi .....

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Sep 16 1987 (HC)

Commissioner of Gift-tax Vs. Sah Roop Narain

Court : Rajasthan

Decided on : Sep-16-1987

Reported in : [1988]169ITR794(Raj)

..... value of the property of any other person ;' '4. (1) for the purposes of this act,--... (c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge,surrender, forfeiture or abandonment, to the extent to which it has .....

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Jan 29 1987 (HC)

Miss Alka Agarwal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-29-1987

Reported in : [1987]66STC204(Raj)

..... of the transaction, whether it is inter-state trade or commerce, is to see whether the movement of goods has been occasioned by any contract of sale between the manufacturer and the purchaser. the supreme court clearly pointed out that if the movement of goods from one state to ..... bapna, learned counsel for the respondents, submitted that simply because an application was moved for the purchase of scooter, it does not result into a contract of sale. the said clauses are as follows:(11) actual terms of sale, product specification, price, government taxes, etc., as ruling at the time ..... there is, thus, controversy between the petitioners and the respondents. the controversy may be summarised in the following way:(a) whether there is a contract of sale between petitioner no. 2 and petitioner no. 1 ?(b) whether the sale results into inter-state sale which takes place in the course ..... course of inter-state trade and commerce. it is further stated that the movement of scooter from kanpur is, thus, in pursuance of the contract entered into between the petitioner-company and the customer and a particular scooter has to be delivered only to its allottee-customer and, thus, such ..... by the intending purchasers were thereafter scrutinised and valid applications were accepted by petitioner no. 2. the contention of the petitioners is that thus a contract came into existence between petitioner no. 2 and petitioner no. 1 for purchasing a scooter. the company sells scooters directly from kanpur to the .....

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