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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1996 Page 1 of about 15 results (0.027 seconds)

Feb 09 1996 (HC)

State of Rajasthan and ors. Vs. G.S. Atwal and Co.

Court : Rajasthan

Decided on : Feb-09-1996

Reported in : AIR1996Raj170; 1996WLC(Raj)UC676

..... appoint any arbitrator unless the arbitrator refused or neglected to enter upon reference. it was further observed that in absence of any named arbitrator it would be open to the contracting parties to agree for appointment of an arbitrator by agreement even after the proceedings were led in the court under section 20 of the act. in absence of any such ..... to appoint arbitrator who has not actually been appointed but for whose appointment adequate provision has been made and the feasibility of appointing arbitrator according to the terms of the contract should be considered. 14. shri mehta, learned counsel for the respondent has controverted the contentions advanced by the learned counsel for the petitioner and has supported the impugned order against ..... the matter of chandra bhan harbhajan lal v. state of punjab, air 1977 sc 1210 (supra), the question which had arisen was in respect of an arbitration clause in a contract for construction work which provided that in the matter of a dispute the case shall be referred to settlement committee consisting of authorised officer named therein since the dispute had ..... matter constituting a total claim of rs. 50,000/- or above, whether its decision has been otherwise provided for and whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly, terminated and as regards the right or obligation of the parties as the result of such termination shall be referred for adjudication to .....

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Jul 03 1996 (HC)

Administrator, Krishi Upaj Mandi Samiti Vs. Gauri Shanker

Court : Rajasthan

Decided on : Jul-03-1996

Reported in : (1998)IIILLJ1272Raj; 1996(2)WLN181

..... vested in him. he has power under this section only for the purpose of enforcement of the payment of wages already agreed upon as per the contract and not for the purpose of makingpayment on the principle of 'equal pay for equal work'. the learned district judge, therefore, committed material illegality ..... section 2(vi) of the payment of wages act the authority under that act has the jurisdiction to decide what actually the terms of the contract between the parties were, that is to say, to determine the actual wages of the employees but it had no jurisdiction to determine the question ..... which can fall within the ambit of section 15(2). when the definition of wages was expanded to include cases of sums payable under a contract, instrument or a law it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have ..... that wouldnot, in our opinion, be a matter within the ambitof jurisdiction.' 'the authority had the jurisdiction to decide what actually the terms of the contract between the parties were, that is to say, to determine the actual wages; but the authority has no jurisdiction to determine the question of potential wages ..... on the cadre of monthly rated employee. the supreme court, after considering the scheme of the act, held :'if the parties entered into the contract ofservice, say by correspondence and thecontract is to be determined with reference tothe letters that passed between them, it maybe open to the authority to .....

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Mar 11 1996 (HC)

J.K. Goyal Vs. Jaipur Metals and Electricals Limited

Court : Rajasthan

Decided on : Mar-11-1996

Reported in : (1997)IILLJ1075Raj; 1996(2)WLC396

..... always be guided by that light and the principles underlying the fundamental rights and the directive principles enshrined in our constitution.'17. the supreme court was of the view that contracts, which contain terms which are so unfair and unreasonable that they shock conscience of the court are opposed to public policy and required to be adjudged void. in the ..... to give some illustrations. for instance, the above principle will apply where the inequality of bargaining power is a result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to situations in which the ..... misconduct or inefficiency. the plea of the respondent is a simple one that petitioner's services have been terminated in exercise of powers conferred by condition no. 16 of the contract of employment, which empowered the management to terminate his service without assigning any reason. condition no. 16 confers unfettered and unguided power to the management to terminate services of ..... condition no. 16 contained in the appointment letter dated, october 15, 1984, which is stated by the respondent company (hereinafter to be referred to as the 'management') to be the contract of employment.the vital question for consideration in this petition, therefore, is --whether condition no. 16 of the letter of appointment dated, october 15, 1984, empowering the management to .....

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Mar 27 1996 (HC)

NizamuddIn Vs. Jugal Kishore

Court : Rajasthan

Decided on : Mar-27-1996

Reported in : AIR1996Raj207

..... which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest arising on the basis of:--(i) a written contract; or(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or .....

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Sep 17 1996 (HC)

Rajasthan Tax Consultants Association and ors. Vs. Central Board of Di ...

Court : Rajasthan

Decided on : Sep-17-1996

Reported in : [1998]229ITR657(Raj)

..... the sub-section.'11. the expression 'any work' which was considered by the apex court has to be understood in this context of the word contract in common and commercial parlance. an advocate or a chartered accountant is not considered to be a contractor and the interpretation of law which was ..... work. it is a clear indication of the legislature that 'work' in the sub-section is not intended to be confined to or restricted to 'works contract'. 'work' envisaged in the sub-section, therefore, has a wide import and covers 'any work' which one or the other of the organisations specified ..... be deducted under the sub-section as income-tax is on the sum credited to the account of orpaid to a contractor in pursuance of a contract for carrying out a work or supplying labour for carrying out a work, of any of the organisations specified therein, there is nothing in ..... sum to any resident (hereafter referred to as 'contractor') for carrying out any work including supply of labour for carrying out any work in pursuance of a contract between the contractor and (a) the central government or any state government, or (b) any local authority ; or (c) any corporation established by or ..... no. 681*, dated march 8, 1994, requiring to deduct the tax at source has been prayed to be quashed. in the said circular, the term 'service contract' was defined as service rendered as lawyers, physicians, surgeons, engineers, accountants, architects, consultants, etc. this circular was issued on the basis of the judgment of .....

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Dec 17 1996 (HC)

Kuldeep Dhankar Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Dec-17-1996

Reported in : 1997(1)WLC589; 1996(2)WLN503

..... that before appointing an arbitrator by the court itself, it is desirable that the court should consider the feasibility of appointing an arbitrator according to the terms of the contract. the court shall make an order of reference to the arbitrator appointed by the parties under the agreement or otherwise if such arbitrator had not been appointed. when ..... act or omission of either party whether arising during the course of the work or after the completion or abandonment thereof, its termination, expiry or otherwise relating to the contract, should be referred by any aggrieved party to the sole arbitration of the member (t.o.), directorate of telecommunication, new delhi or his nominee. the arbitrator to whom ..... jaipur as provided in the contract. except in respect of excepted matters referred to in clause 19 of the agreement all questions, issues, disputes and differences between the parties or pertaining to any interpretation ..... of the communication of such decision, take steps to refer the matter in question, dispute or difference to arbitration under clause 20 of the agreement. the work under the contract should unless otherwise directed by the arbitrator be continued by the petitioner during the arbitration proceedings subject to other rights and remedies of the genera] manager, telecommunication, district .....

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May 09 1996 (HC)

Gopi Kishan Vs. Bajrang Lal and anr.

Court : Rajasthan

Decided on : May-09-1996

Reported in : 1996(2)WLC585; 1996(1)WLN101

..... reason to arrive on the aforementioned conclusion. indisputably the defendant-respondents had filed a civil suit no. 54/84 for cancellation of aforesaid sale-deed and for specific performance of contract before the learned district judge, bikaner which was dismissed on 26.9.89. a certified copy of the aforesaid judgment is on record as ex. 1.15. it was obligatory ..... plaintiff appellant on 10.2.84 against which they have filed civil suit in the court of district judge, bikaner for cancellation of sale-deed and for specific performance of contract.4. the learned trial court after analytical discussion of oral and documentary evidence adduced by the parties and after looking into the relevant provisions of act no. 17 of 1950 .....

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Apr 25 1996 (HC)

Girdharilal and Co. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Apr-25-1996

Reported in : [1998]230ITR510(Raj)

..... followed in respect of receipt of security deposit was not in accordance with law. the deduction of security deposit is appropriation in accordance with the contract entered into. to illustrate it further, suppose the assessee has to make the payment of rs. one lakh to the corporation, of other dues ..... of the bill and deductions therefrom are only appropriations of the bill amount. the security deposits are payable after six months of the expiry of contract and the corporation has the absolute right to adjust the said security deposit against its claim on the contractor. as and when such adjustment is ..... in the nature of earnest money and that the assessee has followed no system of accountancy. the tribunal after taking into consideration the terms of contract and the arguments of learned counsel for the parties came to the conclusion that in the present matter the assessee has not followed any system ..... to the corporation and such further sums as the corporation is or may be authorised or required to reserve or retain under the terms of contract or otherwise after the expiration of six calendar months reckoned from the date on which the entire work executed in strict conformity with the ..... overruled, the natural corollary would be that the assessee would be entitled for deducting the cost of material supplied from the gross amount of the contract and the tax liability would be only on the balance payment.9. the second question relates with regard to liability of tax on security deducted .....

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Feb 28 1996 (HC)

Sobhagmal Kataria and Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-28-1996

Reported in : II(1996)ACC452; AIR1997Raj7; 1996WLC(Raj)UC375; 1996(1)WLN595

..... the objections raised therein before making the assessment. i am of the opinion that the accountant general had no authority or jurisdiction in the matter in viewof the privity of contract between the petitioners and the registering authority in respect of which the certificate of registration was issued and once the registering authority having foregone its right to claim the tax .....

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Jul 01 1996 (HC)

Associated Stone Industries, Kota Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-01-1996

Reported in : AIR1997Raj146; 1996(2)WLN10

..... and dead rent even as regards lease subsisting at the date of such amendment. in this connection, it cannot be said that a mining lease is the result of a contract entered into between two parties and dead rent is part of the consideration for the grant of the lease, and in the absence of a provision like the one contained .....

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