Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1994 Page 1 of about 12 results (0.018 seconds)

May 26 1994 (HC)

Smt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market

Court : Rajasthan

Decided on : May-26-1994

Reported in : 1994(2)WLN98

..... written statement that the defendant-appellant was not required to obtain any certificate from the income-tax department and she denied of having committed breach of contract. it was asserted by her in her statement that the plaintiff-respondent had no fund to the extent of rs. 60,000/- on 15.6 ..... to the plaintiff-respondent. there is further stipulation in the aforesaid agreement between the parties that in case, the plaintiff- respondent commits breach of contract then the defendant-appellant would forfeit amount of earnest money advanced to tier. it is pertinent to mention here that the amount to spent in getting ..... sale-deed by 10.4.78. it is stipulated in the aforesaid agreement between the parties that in case, the defendant-appellant commits breach of contract then she would return rs. 10,000/- received by her as earnest-money and would also pay rs. 10,000/- by way of damages ..... of district judge, pali for specific performance of contract executed between the parties (ex.3) on 26.1.78 on the ground inter alia, that the defendant-appellant agreed to sell her house for ..... by the learned district judge, pali whereby he decreed the civil original suit no. 12/78 filled by the plaintiff-respondent for specific performance of contract dated 26.1.78.2. put the facts briefly are as follows--the plaintiff-respondent filed a suit against the defendant-appellant in the court .....

Tag this Judgment!

May 26 1994 (HC)

Smt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market, Pali

Court : Rajasthan

Decided on : May-26-1994

Reported in : AIR1994Raj259

..... the present case, the plaintiff-respondent had already pleaded in reply to the plaint that he is ready and willing to perform his part of the contract. the plaintiff-respondent had also given a registered notice (ex. 6) calling upon the defendant-appellant to execute the registered sale-deed after receiving the ..... relief act, 1963. according to me, the effect of presumption to the facts the party coming to the court for specific performance of the contract for sale of immovable property need not prove anything until other side has removed(rebutted) the presumption. in the present case, the defendant-appellant ..... learned counsel for the defendant-appellant, in view of the specification of a sum of rs. 20,000/- to be paid for breach of contract on the part of the defendant-appellant, the learned district judge ought to have awarded rs. 20,000/- to the plaintiff-respondent instead of passing ..... original agreement to sell dated 26-1-78 wherein there is a clear stipulation that in case, the defendant-appellantfailed to perform her part of the contract then she will return rs. 10,000/- paid to her as earnest money from the plaintiff-respondent along with further rs. 10,000/ - ..... to the plaintiff-respondent. there is further stipulation in the aforesaid agreement between the parties that in case, the plaintiff-respondent commits brech of contract then the defendant-appellant would forfeit amount of earnest money advanced to her. it is pertinent to mention here that the amount to spent in .....

Tag this Judgment!

Apr 22 1994 (HC)

Rajasthan Patrika Ltd. Vs. Union of India and Others.

Court : Rajasthan

Decided on : Apr-22-1994

Reported in : (1995)121CTR(Raj)255; [1995]213ITR443(Raj)

..... of part of the property in question has been taken over by him impart performance of the contract. in view of this admitted factual position, there is no escape from the logical conclusion in the light of the definition of the term 'transfer ..... act shows that the factum of transfer has to be ascertained with reasonable certainty and in case the transferee has in part performance of the contract taken possession of the property or any party thereof, it would constitute a transfer. the petitioner himself has come with the case that possession ..... be given a complete go-by. section 53a of the transfer of property act is reproduced as under :'53a. part performance. - where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can ..... the act whole defining the term 'transfer', if possession of the property has been allowed to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer or property act, it was to be understood accordingly. therefore, the nature referred to ..... transferred by respondent no. 4 and taken over by the petitioner and it has to be agreed on all hands that part performance of the contract has been duly achieved.once it is admitted that immovable property of value exceeding the limit fixed under section 269uc has been transferred before furnishing .....

Tag this Judgment!

Sep 13 1994 (HC)

Rathi Gases Ltd. Vs. Rajasthan State Electricity Board and ors.

Court : Rajasthan

Decided on : Sep-13-1994

Reported in : AIR1995Raj139

..... the aforesaid decision of the division bench is not attracted for the reason that in that case there was no evidence with regard to the contract demand wherein in the present case there is clear reference to the two agreements executed between the parties and the demand is based on departmental circulars ..... executed between the parties in respect of 500 k.v.a. and 600 k.v.a. contract demands respectively on 29th nov. 1982 vide annex.-3 and 4. in pursuance of the rebate sanctioned by the respondent-board, which was admissible only for ..... pursuance of the above sanction the petitioner was directed to execute two agreements with the respondent-board in respect of their existing 500 k.v.a. contract demand and for the new demand of 600 k.v.a. for the expanding unit. in compliance of the said direction two separate agreements were ..... -1 to the writ petition, and pursuance to the above the petitioner-company applied to therespondent-board for additional power with 600 k.v.a. contract demand, which was finally sanctioned by the board on 29th oct. 1982, and simultaneously the petitioner-company had also applied to the respondent-board for ..... at the time of establishment of the said industrial unit, the petitioner-company had applied for power connection of 380 k.v.a. connected load against the contract demand of 400 k.v.a. from the rajasthan state electricity board (for short 'the board*), which was realised an 26th may, 1975.2. .....

Tag this Judgment!

Aug 05 1994 (HC)

Sahib Ram and Company Vs. the Rajasthan State Agriculture Marketing Bo ...

Court : Rajasthan

Decided on : Aug-05-1994

Reported in : 1994(2)WLN159

..... of the loss suffered by the repondent although it is capable of determination. the amount sought to be recovered is the amount named in the contract as damages to the maximum limit named under clause 2. a bare perusal of clause 2 shows that the chief engineer or an authorised engineer ..... for temporary injunction was rejected by the trial court and this appeal is filed by the appellant.3. it is an admitted fact that signed contract was not entered into between the parties and the amount is sought to be recovered as determined by the respondent unilaterally in exercise of the ..... recovered form him and he was advised to deposit that amount within 15 days. the case of the appellant was that he never signed the contract and thus, the amount cannot be recovered from him an particularly exercising the powers under clauses no.2 and 3. an application for temporary injunction ..... therefore, the appellant has not signed that agreement. inspite of consistent efforts by the appellant, it was not permitted to execute the work of the contract. later on fresh tenders were invited by the defendant-respondent and the plaintiff was informed to that effect. it was also informed to the plaintiff ..... relief that the repondent be restrained form appropriating the amount form the appellant, for satisfaction of its claim for damages for alleged non-performance of the contract. according to the appellant, tenders were invited for the work of construction of road. on 4.12.89 the appellant submitted its tender. later .....

Tag this Judgment!

Jan 24 1994 (HC)

Hindustan Development Corporation Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Jan-24-1994

Reported in : 1995(80)ELT493(Raj); 1994(1)WLC464; 1994(1)WLN70

..... he opts to avail of the said exemption:(ii) and (iii) omitted as unnecessary.(iv) the invoice price is not influenced by any commercial, financial or other relationship whether by contract or otherwise between the manufacturer or any person associated in business with the manufacturer and the buyer other than the relationship created by sale of the aforesaid goods :(v) omitted ..... ltd. (supra). in that case, the notification no. 120/75-c.e., dated 30-4-1975 was pressed into service and in that case, m/s. texmaco ltd. pursuant to contracts entered into in this behalf with the railway administration fabricated and delivered to the railways wagon bodies mounted on wheel-sets supplied by the railways. the invoices raised by the ..... that in the course of their aforesaid fabrication except minor incidental materials and incidental components the value of which is included in the fabrication charges in accordance with the aforementioned contract. thus, no new article known to the trade emerges after the rails supplied by the railway board are subjected to the aforementioned process by the petitioner. the govt. of india ..... under item no. 68 first schedule (hereinafter referred to as 'the tariff) appended to the central excises and salt act, 1944 (hereinafter referred to as 'the act'). according to the contracts the railway board of the respondent no. l supplied to the petitioner rails free of cost for fabrication of the points and crossings. the rails are processed by fabrication or .....

Tag this Judgment!

Jul 04 1994 (HC)

Askaran Vs. Madan Lal

Court : Rajasthan

Decided on : Jul-04-1994

Reported in : AIR1995Raj130

..... , there seems to be a plethora of authorities taking the view that the doctrine that time may not be of the essence of a contract, which arises on the construction of contracts of sale, should not be applied to contracts for the re-sale of property conveyed, and that the right to repurchase must be exercised according to the strict terms of the ..... contract. this was the view taken in samarapuri v. sutharsana, air 1919 mad 544.'10. admittedly, the defendant-respondent madanlal has obtained a decree for the recovery of arrears of meanse .....

Tag this Judgment!

Aug 30 1994 (HC)

The New India Assurance Company Ltd. and Two of Its Officers Vs. Centr ...

Court : Rajasthan

Decided on : Aug-30-1994

Reported in : (1995)ILLJ1186Raj; 1995(1)WLC13; 1994(2)WLN425

..... inflicted by way of disciplinary action, but does not include - (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman as a result of the non ..... -renewal of the contract of employment between the employer and the workman concerned on its expiry of such contract being terminated under a stipulation in that behalf contained therein; or (c) termination of the service of a workman on the ground of .....

Tag this Judgment!

Jul 05 1994 (HC)

Dr. Subodh Kumar Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-05-1994

Reported in : 1994(2)WLN366

..... employee of university and he was selected under the f.a.s. and was granted leave for two years and thereafter he moved for further extension of leave since the contract was renewed for two years more, therefore, this court keeping in view that his deputation was in public interest held the action of university discriminatory as no reason was given ..... from the employer, and after obtaining no objection, again he applied for extension of six months extra-ordinary leave and thereafter he also applied for extension of leave as his contract was renewed for two years more. the petitioner received a telegraphic message form university to join duty in the first week of august and declined his leave failing which and ..... , the petitioner could stay beyond the period of deputation aftertaking permission only. the petitioner submitted an application in february, 1985 with a certificate from his employer that his period of contract is for three years expiring on 16.4.86, therefore, his period of deputation be also treated for three years but he did not receive any reply. the petitioner again ..... same is not helpful as in that case the incumbent got himself registered for foreign assignment with the government of india and interviewed for the purpose and on receiving initial contract order for two years but as per practice he applied accordingly to the government for 30 days p.l. which was sanctioned on 19.11.85 and the incumbent left .....

Tag this Judgment!

Jan 04 1994 (HC)

Hanuman Prasad Meena Vs. Rajasthan Housing Board and anr.

Court : Rajasthan

Decided on : Jan-04-1994

Reported in : AIR1994Raj231; 1994(1)WLC255; 1994(1)WLN222

..... counsel for the petitioner, that the board is not like a private individual who can pick and choose the person of his liking. a public corporation when it enters into contract or it is administering largess, it cannot, without adequate reason, exclude any person from dealing with it or take away largess arbitrarily.7. there is no dispute that the rajasthan ..... performing public functions, as such, it was 'state' within article 12 of the constitution. it was urged that every action of the board, whether it be in the field of contract or any other field, was subject to article 14 of the constitution and must be reasonable and taken only upon lawful and relevant grounds of public interest. in that light .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //