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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 1999 Page 1 of about 22 results (0.018 seconds)

Feb 04 1999 (HC)

Mangoo Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-04-1999

Reported in : (2000)ILLJ140Raj

..... section he shall be entitled to be indemnified by any person standing to him in pensation 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 ..... 12 of the workmen's compensation act, 1923, it was necessary for the appellants to show that the contractor who had employed the deceased ladu was a person to whom contract had been given by the respondent in terms of section 12 of the workmen's compensation act, 1923. the learned counsel for the appellant has submitted that respondent's witness ..... in section 12 of the act the respondent would be liable to pay the compensation of the appellants-claimants.11. section 12 of the workmen's compensation act reads -'12. contracting (1) where any person (hereinafter in this section referred as the principal) in the course of or for the purposes of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work .....

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Jul 30 1999 (HC)

Pirtha Singh Vs. Laxman Singh and ors.

Court : Rajasthan

Decided on : Jul-30-1999

Reported in : AIR1999Raj361

..... , it cannot be held even prima facie that the defendants even threatened to take possession of the disputed land.13. it is something different whether the specific performance of the contract can be done or not but plaintiff was to prove prima facie that his possession was being threatened otherwise than the due process of law. this has not been proved ..... rs. 90,000/- was paid by the plaintiff-appellant. but ultimately registered sale deed could not be executed and on 1-5-1997 defendant refused to perform his part of contract and intended to sell the said land to someone else.3. the case of the defendants before the trial court was that nahar singh during his lifetime bequeathed on 29 ..... -9-1998 by which he dismissed the application of the appellant under order 39, rules 1 and 2, cpc.2. briefly stated, plaintiff filed a suit for specific performance of contract against the defendants-respondents in relation to agreements executed on 16-1-1984, 15-6-1984 and 10-9-1984. along with suit an application under order 39, rules 1 .....

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Apr 29 1999 (HC)

Rajasthan Housing Board Vs. Engineering Projects (India) Ltd. and anr.

Court : Rajasthan

Decided on : Apr-29-1999

Reported in : AIR2000Raj200; 2000(2)WLN56

..... order. a combinedlook of the mou demonstrates that the parties had entered into written agreement with the intention that the dispute arising under the contract were to be resolved through arbitration. the illegal conditions and clauses of article 14 of the mou can be ignored and the provisions of ..... the mou it becomes evident that the parties had entered into a written agreement. the parties had clearly intended that the disputes arising under the contract were to be resolved through arbitration. since clause 57 of the mou does not provide that such disputes would be decided only by the competent ..... any bearing in respect of the proceedings initiated before the respondent no. 2. the par ties had clearly intended that the disputes arising under the contracts were to be resolved through arbitration. since article 57 of the mou does not provide that such disputes would be decided only by the competent ..... combined reading of articles 14 and 57 of the mou makes it abundantly clear that the parties had clearlyintended that the disputes arising under the contract could be adjudicated upon only by the competent court. it was further urged that the court below committed jurisdictional error in holding that the ..... not apply and also provides for an appeal against the decision taken by the arbitrator appointed thereunder is neither hit by section 28 of the contract act nor is it in conflict with the provisions of section 47 of the arbitration act.l) the arbitration proceedings are immune from the .....

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Oct 08 1999 (HC)

Dr. Kailash Chandra Mittal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Oct-08-1999

Reported in : 2000(2)WLN413

..... been decided as the role of ordinance 67a was of no consequence to the petitioner.38. the age of superannuation of an employee is a private contract in between the employee and the college. the petitioner is accepting new pay scales, has accepted the age of retirement as 58. the university ..... university with it. it is also important that when the parties have expressly entered into a contract for arbitration, any other forum is generally excluded for redressing the grievance. vide state of himachal pradesh v. raja mahendra pal and ors. : [1999]2scr323 ..... under clause (5) of statute 30, it has been provided that in case of any difference or dispute of any kind whatsoever arising out of a contract between an affiliated college and its employee, the matter shall be referred to arbitration. thus, no powers of adjudication of that dispute were kept by the ..... is sufficient authority to lay down that the petitioner was to be retired at the age of 58 because he has voluntarily entered into a personal contract with the respondents for retiring him at the age of 58, as he wanted to get the benefit of the revised pay scales. in view ..... scales with effect from 1.1.1986, have accepted that their retirement age will be 58 and in that connection, there is a novation of contract in between the petitioner and the respondent college. that being the position, this court felt persuaded that the petitioner having voluntarily accepted the age of .....

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Jan 08 1999 (HC)

Prithvi Raj Singh Vs. Dalip Kulkarni and ors.

Court : Rajasthan

Decided on : Jan-08-1999

Reported in : AIR1999Raj201; 1999(2)WLC667

..... the decree for specific performance. applying the ratio of aforesaid decisions to the instant case. i am of the view that no doubt the decree for specific performance of a contract though cannot be claimed as a matter of right yet, the court from which relief for specific performance is sought, should take into consideration not only recitals of the agreement ..... saurashtra land reforms act, 1951, the property became transferable by him and in these circumstances it was held by the apex court that it cannot, therefore, be said that the contract between the parties was a contingent one performance of which depended upon fulfilment of the condition under the earlier agreement by which the appellant/vendor had undertaken or imposed obligation ..... it is not enforceable because it is dependent upon consent of third parties namely respondent nos. 2 to 4 (financial institutions) are not sustainable notwithstanding there being no privity of contract between them and financial institutions because the present suit is for the enforcement and specific performance of clause 6 of mou (ex. 1) on the part of the contesting defendants ..... j. 1. this first appeal arises out of judgment & decree dated 19-11 -96 passed by the additional district judge no. 1, jaipur city whereby suit for specific performance of contract filed by plaintiff-appellant was dismissed. 2. prithvi raj singh (plaintiff-appellant) filed civil suit for specific performance of an agreement (ex. 1), which was duly executed on the basis .....

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Oct 05 1999 (HC)

Murlidhar Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Oct-05-1999

Reported in : AIR2000Raj170

..... negotiation. it is not necessary to say more than this for the purpose of these cases. what would be the position in the case of contracts entered into otherwise than by public auction, floating of tenders or negotiation, we need not express any opinion herein.'27. similar view had been ..... 2 wlc 390, this court has held that the high court, in its exercise of power under article 226 of the constitution, cannot enforce a contract. bidders offering with full knowledge of terms and conditions attached about auctions, they would not be permitted to wriggle out of voluntarily incorporated contractual obligations ..... in absence of mala fides or extreme case of arbitrariness, it is not permissible for the writ court to have a judicial review of contract or to enforce the contractual obligations in exercise of its jurisdiction under article 226 of the constitution.12. thus, there seems to be no ..... to enforce through writ petition. contractual obligations cannot be enforced in writ jurisdiction, nor petitioner can seek alteration, variation/modification in the terms of contract/licence. thus, all the averments made in the petition are untenable and the petition is liable to be rejected.5. i have considered the ..... exclusive privilege for the years 1999-2000 and 2000-2001 for retail and wholesale sate of country liquor, indian-made foreign liquor and beer vide contract-order dated 27-5-99 (annexure 1). during the period of election of lok sabha, the government of rajasthan has passed the order dated .....

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Apr 16 1999 (HC)

Chetanram Ramgopal Vs. Chief Engineer, Pwd, Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-16-1999

Reported in : AIR1999Raj315; 2000(1)WLC137; 1999(1)WLN355

..... or the promisee thereof as defined by frederic pollock (supra) while dealing with the definition, of 'consideration'. the forbearance of the petitioner in restricting his rights to cancel his contract and keep it open is a sufficient consideration and, therefore, the petitioner cannot maintain the present writ petition. in any case the question of consideration has to be gone into ..... well settled that before an offer is accepted, the offerer can withdraw his offer, but if the acceptance is conditional or is not final, then there is no concluded contract..................... condition in clause 10 of rule 10 of the proclamation of auction sales regarding the power of the excise commissioner to suspend or cancel the auction within one month from ..... interest, forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. the learned counsel has placed reliance on the definition of consideration as quoted by various authors of contract law. he has submitted that frederic pollock has defined 'consideration' as 'an act' or forbearance of the one parry or the promise thereof, is the price for which the ..... amounts of the petitioner lying with it. it was also submitted that any attempt on the part of the department to withdraw the petitioner's outstanding bills/dues under other contracts including the standing security deposit of rs. 50,000/- deposited towards its enlistment as 'a' class contractor of the department, would be wholly illegal and would be contested .....

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Sep 24 1999 (HC)

Commissioner of Income Tax Vs. JaIn Construction Co. and ors.

Court : Rajasthan

Decided on : Sep-24-1999

Reported in : (1999)156CTR(Raj)290

..... very much low as compared to the income properly assessable in the case. in view of the finding, the commissioner directed the assessing authority to recompute the income from the contract business without allowing any separate deduction in respect of interest claimed by the assessee including the interest and salary to partners. the commissioner also found that there is nothing on ..... is contended by mr. sandeep bhandawat, learned counsel appearing for the revenue, that the tribunal has erred in law in not appreciating the fact that when the income from the contract is determined by applying net profit rate, all such deductions are treated to be allowed. giving effect to the directions of the tribunal would tantamount to allowing the same deduction ..... was nothing to indicate splitting of capacities of a partner making distinction between a partner obliged to work and the one not obliged to work under the terms of a contract or the provision of law. it appears that state of law on the subject was still not satisfactory, thus section 40(b) has again been substituted by the finance act .....

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Sep 24 1999 (HC)

Commissioner of Income-tax Vs. JaIn Construction Co. and ors.

Court : Rajasthan

Decided on : Sep-24-1999

Reported in : [2000]245ITR527(Raj)

..... as compared to the income properly assessable in the case. in view of the finding, the commissioner of income-tax directed the assessing authority to recompute the income from the contract business without allowing any separate deduction in respect of interest claimed by the assessee including the interest and salary to the partners. the commissioner of income-tax also found that ..... is contended by mr. sandeep bhandawat, learned counsel appearing for the revenue, that the tribunal has erred in law in not appreciating the fact that when the income from the contract is determined by applying the net profit rate, all such deductions are treated to be allowed. giving effect to the directions of the tribunal would tantamount to allowing the same ..... . there was nothing to indicate splitting of capacities of a partner making distinction between a partner obliged to work and one not obliged to work under the terms of a contract or provisions of law. it appears that the state of law on the subject was still not satisfactory, thus section 260a has again been substituted by the finance act of .....

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Feb 09 1999 (HC)

The Chairman, Kulchandra Gram Seva Sahkari Samit Ltd. Vs. the Judge, L ...

Court : Rajasthan

Decided on : Feb-09-1999

Reported in : 1999(3)WLC540; 1999(1)WLN254

..... ors. 1978 wln 66.13. moreover, the provisions of section 14 of the specific relief act compulsorily debars the civil court or an arbitrator to deal with the issue of contract of service. the ratio of the judgment in co-operative central bank ltd. and ors. v. additional industrial tribunal, andhra pradesh : (1969)iillj698sc , is not applicable in the instant case .....

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