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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1997 Page 1 of about 16 results (0.017 seconds)

Mar 27 1997 (HC)

Board of Secondary Education Vs. Manohar and ors.

Court : Rajasthan

Decided on : Mar-27-1997

Reported in : II(1997)ACC37; 1999ACJ193; 1997(3)WLC434

..... to him in the relations of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3) nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of ..... had no contractual relations with the board as he was engaged by mangilal who was a subcontractor. it was canvassed that the court below unnecessarily invoked the provisions contained in contract labour (regulation and abolition) act, 1970 (for short 'act of 1970'). the commissioner did not care to frame the issues properly and awarded such compensation which was not claimed by ..... leg was completely amputated, therefore he became unfit to do any work. manohar claimed rs. 42,000 as compensation. in the reply shiv dutt stated that he gave the sub-contract to mangilal. thus mangilal was also impleaded in the claim petition. shiv dutt has further stated that manohar was assigned the work of whitewashing in the corridor but he himself ..... compass. respondent no. 1 (for short 'manohar') initiated proceedings under section 10 of the act before the commissioner stating therein that respondent no. 2 (for short 'shiv dutt') got the contract of whitewashing from the appellant (for short the 'board') and engaged workers. on 2.12.1993 manohar fell down while whitewashing the top floor of the building as a result .....

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Jan 29 1997 (HC)

Buppulari Chinna Brahmanna and anr. Vs. State and anr.

Court : Rajasthan

Decided on : Jan-29-1997

Reported in : 1998(1)WLC537; 1997(1)WLN357

..... in favour of canara bank hyderabad. this clearly shows that the hyderabad co. had no occasion or business to enter into any sort of contract with the transport co. for transportation of the goods from jaipur to malluchuruvu.18. apart from the absurdity and inherent improbability in the version ..... of, besides other charges, freight upto petitioner's factory site in mallachuruva village. the transport co. was not at all in picture. there was no contract between the hyderabad co. & the transport co. for transportation of the goods from the godowns of jaipur co. to those of the hyderabad co. in ..... performance of their obligation under such contract the petitioners had loaded and the complainant had transported the three truck load of fire bricks' to petition factory site at village mallachuruvu for ..... . against the petitioners & the company.6. bal raj, the complainant, filed the complaint with the allegation that the petitioners had entered into a contract with the complainant for transportation of three truck load of fire bricks etc. from jaipur company's godowns at sodala to their factory and in the ..... of hyderabad company and any other duties, charges etc. payable and also transit insurance. the jaipur company was to guarantee the satisfactory performance of the contract as per schedule. the hyderabad company had to make payment of rs. 2,95,354/- in two installments, one with letter of intent and .....

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Sep 08 1997 (HC)

Smt. Savindar Kaur Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-08-1997

Reported in : 1998(1)WLC318; 1997(2)WLN432

..... of the view that the aforesaid rules do not exclude jurisdiction of the civil court. in fact, the aforesaid two rules speak about contract for water for other than irrigation purposes in the absence of a special contract whereas the controversy involved in the present case is not for supply of water other than irrigation purposes but the controversy between the parties .....

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Apr 09 1997 (HC)

Birla Cement Works Vs. Central Board of Direct Taxes and ors.

Court : Rajasthan

Decided on : Apr-09-1997

Reported in : (1997)139CTR(Raj)540

..... provisions of s. 194c in the manner it is sought to be interpreted by the cbdt to apply to all types of contracts including transport contracts, service contracts, advertisement contracts, broadcasting contracts, telecasting contracts, labour contracts, material contract, works contracts etc. in our view the cbdt has committed a manifest error of law in interpreting the judgment of the supreme court. it ..... under :'(i) the provisions of s. 194c shall apply to all types of contacts for carrying out any work including the transport contract, service contract, advertisement contract, broadcasting contracts, telecasting contracts, labour contracts, materials contracts and works contracts.'this circular was made effective w.e.f. 1st april, 1994 and it was made clear by this circular the tax deduction made ..... conclusion flowing from the judgment of the supreme court is that the provisions of s. 194c would apply to all types of contacts including the transport contract, labour contract, labour contract, service contract, etc. the board, therefore, decided to withdraw the circulars no. 86, 93 and 108 and issued the guidelines vide circular no. 681 in ..... any work or for supplying labour for carrying out any work. in other words, the new law applies only in relation to 'works contracts' and 'labour contracts' and will not cover contracts for sale of goods.'7. the finance ministry received several queries from various trade associations and members of public seeking clarification on several .....

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Jan 28 1997 (HC)

Punjab National Bank and ors. Vs. Millen Sales Corporation and ors.

Court : Rajasthan

Decided on : Jan-28-1997

Reported in : AIR1997Raj151; 1997(2)WLC535; 1997(1)WLN152

..... on 22-12-1974 that these four bills had not been received in the office of punjab national bank, generalganj, kanpur. thereupon, the plaintiff-respondent submitted duplicate truck receipts with indemnity bond in the office of defendant-appellant no. 3, which were sent to the office of defendant-appellant no. 2, so that, the same may be delivered to the respective ..... endorsement in the documents by a fictitious person namely naveen chand and obtained the consignments without payment.24. it is to be noticed that under section 194 of the indian contract act, the relationship between principal and person duly appointed as an agent to act in business of agency, is well defined providing that where principal holding an express or implied ..... of principal for such part of the business of the agency as is entrusted to him. the relationship of principal and agent is admitted in the present case, therefore, a contract on the part of principal to reimburse the agent in respect of advances made or against all liabilities incurred reasonable performance of the agency is to be presumed in the .....

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Aug 20 1997 (HC)

Kalu Chand Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-20-1997

Reported in : AIR1998Raj33; 1998(1)WLC494

..... lease, sale, transfer of or any other contract respecting any government land shall be valid unless it is confirmed by the prescribed authority in the prescribed manner and on the prescribed conditions. in the explanation added to sub ..... immovable property belonging to it, including municipal land as also any government land. proviso (i) of sub-section (1) of sec. 80 provides that no such lease, sale, transfer and contract shall be binding on a board unless it is in conformity with the provisions of the act of 1959 and the rules made thereunder, whereas proviso (ii) provides that no ..... .33. a conjoined reading of sub-sections (1) and (2) of section 80 of act of 1959 reveal that section 80 deals with provisions relating to transfer of property and contracts of any movable or immovable property belonging to a board including its land as also any government land. sub-section (1) provides that every board shall be competent subject to ..... it is ruled that doctrine of promissory estoppel represents a principle evolved by equity to avoid injustice. it is further held that promissory, estoppel is neither in the realm of contract nor in the realm of estoppel. it is ruled by supreme court in case of d.c.m. ltd. (supra) that basis of this doctrine is the inter position of .....

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Sep 30 1997 (HC)

Mukesh and Etc. Etc. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-30-1997

Reported in : 1998CriLJ2439

..... ) of section 12aa a procedure empowering the special judge to impose a sentence which is though permitted by the relevant provisions under the act and under the other laws but contracted by another provision in the act, must be available to him to impose appropriate sentence, proportionate to the gravity of the offence or offences committed by the accused. to illustrate .....

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Aug 28 1997 (HC)

Kalu Chand Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-28-1997

Reported in : 1997(2)WLN258

..... lease, sale, transfer of or any other contract respecting any government land shall be valid unless it is confirmed by the prescribed authority in the prescribed manner and on the prescribed conditions. in the explanation added to sub ..... immovable property belonging to it, including municipal land as also any government land. proviso (i) of sub- section (1) of section 80 provides that no such lease, sale, transfer and contract shall be binding on a board unless it is in conformity with the provisions of the act of 1959 and the rules made thereunder, whereas proviso (ii) provides that no ..... .-33. a conjoined reading of sub-sections (1) and (2) of section 80 of act of 1959 reveal that section 80 deals with provisions relating to transfer of property and contracts of any movable or immovable property belonging to a board including its land as also any government land. sub-section (1) provides that every board shall be competent subject to ..... it is ruled that doctrine of promissory estoppel represents a principle evolved by equity to avoid injustice. it is further held that promissory estoppel is neither in the realm of contract nor in the realm of estoppel. it is ruled by supreme court in case of d.c.m. ltd. (supra) that basis of this doctrine is the inter-position of .....

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Aug 29 1997 (HC)

Shantilal Vastavat Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-29-1997

Reported in : 1998(3)WLC151; 1998(1)WLN528

..... manner. in rajasthan state road transport corporation v. krishna kant air 1995 sc 1715, the hon'ble apex court has categorically held that where dispute arises from general law of contract, the appropriate forum may be a civil court and the appropriate remedy would be a civil suit.8. in the instant case, petitioner has not filed the copy of the ..... jurisdiction.6. so far as the first objection is concerned, in bareilly development authority v. ajay pal singh air 1989 sc 1706, a similar contention was raised, though regarding a contract/agreement with state. the apex court considered a catena of judgments particularly, radha krishna agarwal v. state of bihar : [1977]3scr249 ; premji bhai parmar v. delhi development authority : [1980]2scr704 ..... ; d.f.o v. vishwanath tea company limited : [1981]3scr662 and arrived at the conclusion that where the contract entered into between the state and the persons agreed is non-statutory and purely contractual and the rights are governed only by the terms of the ..... writ or order can be issued under article 226 of the constitution of india so as to compel the authorities to remedy a breach of contract pure and simple.7. however in indore development authority v. smt. sadhna agarwal and ors. : [1995]2scr555 , the supreme court affirmed and approved the view taken by the apex court .....

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Jan 07 1997 (HC)

Shiv Lal Vs. Food Corporation of India

Court : Rajasthan

Decided on : Jan-07-1997

Reported in : AIR1997Raj93; 1997(2)WLC203; 1997(1)WLN56

..... necessarily mean that the arbitrator to be appointed be accepted to the appellant as well since it would result in negating the above term of contract which vested an absolute right in the managing director alone. therefore, the appointment of shri sewa singh ahluwalia suffered from no illegality or impropriety ..... or in any way touching or concerning this agreement whatsoever (expect as to any matter the decision of which is expressly provided for in the contract) shall be referred to the sole arbitration of any person appointed by the managing director of the food corporation of india. it will be no ..... in his order dated 5-9-1980 that the appellant was free to object before the district judge that the claim of the corporation under contract was time barred and this objection was neither considered and disposed of by the sole arbitrator nor the learned district judge had appreciated the same ..... way touching or concerning the agreement whatsoever (except as to any matter the decision of which is expressly provided for in the contract) shall be referred to the sole arbitration of any person appointed by the managing director of the food corporation of india and hence the learned ..... handling and transportation of goods between the respondent (corporation) and the appellant (contractor) and that a dispute had arisen in respect of the work under contract and there is a specific agreement vide clause (xix) of the same, that as and when any dispute and difference arose or in the any .....

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