Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2000 Page 1 of about 33 results (0.017 seconds)

Jan 04 2000 (HC)

Municipal Board and anr. Vs. Salim Khan and anr.

Court : Rajasthan

Decided on : Jan-04-2000

Reported in : [2000(86)FLR793]; (2000)IILLJ696Raj; 2000(2)WLC516

..... , 1972, it follows as a legal corollary thereto that notwithstanding any order having been passed by the municipality with reference to its gratuity rules, 1969 or in any instrument of contract having effect, yet by virtue of provisions of section 14 of the act, 1972, it will have overriding effect thereto, inasmuch as nothing inconsistent or repugnant to the scheme on ..... the provisions of state enactment because its section 14 makes it explicitly clear that 'notwithstanding anything inconsistent therewith contained in any enactment over this act or in any instrument of contract having effect by virtue of any enactment', provisions of this act shall prevail over it. thus viewed, the act, 1972 by virtue of its section 14, will have overriding effect ..... etc. - the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment over this act or in any instrument of contract having effect by virtue of any enactment over this act.' as per scheme of the act, 1972 being central legislation, in its preamble, it is clearly laid down that its .....

Tag this Judgment!

Jun 02 2000 (HC)

Udaipur Distillery Co. Ltd. Vs. Rajasthan Taxation Tribunal and ors.

Court : Rajasthan

Decided on : Jun-02-2000

Reported in : [2003]132STC489(Raj)

..... arose of somewhat like nature in respect of sale of cigarettes. the cigarettes were sold packed in packets of cardboard and dealwood. no express contract of sale of packing material between the assessee and its customers was there. the tobacco and its products were exempted from sales tax during ..... missing, it cannot he construed as a transaction of sale. the concept of agreement brought into consideration of the relevant ingredients of the valid contract which included free consent of the parties, the intention to transfer the property in specific goods discloses the integral link between the agreement and ..... expression tax on- (i) transfer for consideration of controlled commodities ; (ii) the transfer of property in goods involved in the execution of a works contract ; (iii) delivery of goods on hire purchase or any system of payment by instalments ; (iv) transfer of the right to use any goods for ..... the meaning of the sale of goods act. since it needs free consent by the parties to the agreement to bring into existence a valid contract, the transactions which were compelled under the various control orders under the essential commodities act were also held to be outside the purview of ..... , it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods, which presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. unless .....

Tag this Judgment!

Aug 04 2000 (HC)

Kailash Chandra Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-04-2000

Reported in : AIR2001Raj29; 2001(4)WLC462; 2002(1)WLN382

..... already briefed in the suit was or would be necessary for the purpose of appearing in the case after remand by the appellate court.' (24). in the present case, the contract between the person who engaged the petitioner and the petitioner to represent against the municipal board was made in the year 1992 in unequivocal terms authorised him to continue his ..... against the board since before his election, it could have given expression the said intention in clear language. however, the legislature has not considered it proper to disrupt the existing contracts between legal practitioners and their engagers entered into the normal course of profession long before the elections. be that as it may. when the meaning of the language used by ..... after the receipt of complaint would not absolve the petitioner from this disqualification. in my opinion, this contention cannot be sustained. (21). the expression 'accepts employment' clearly refers to the contract of engagement as a lawyer of the person who is elected as a member of the board. obviously acceptance of such engagement means in accordance with the terms under which ..... a member of the board while in the latter case, such conflict is obvious. it might also be that the legislature might not have considered proper to disrupt the existing contracts between legal practitioners and their employers entered into in the normal course long before the elections. what-ever might have been the reasons if the meaning of the language used .....

Tag this Judgment!

Apr 24 2000 (HC)

Chimna Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-24-2000

Reported in : AIR2000Raj371; 2000(3)WLC619; 2000(3)WLN313

..... the case before the court and i have gone through it. there is no iota of evidence to show any interest, directly or indirectly of the petitioner in those alleged contracts. the record consists mostly the complaints of persons representing the political parties to the authorities that petitioner was favouring his brother. moreso. it contains large number of documents containing allegations ..... magistrate, air 1957 cal 164. the court reached the conclusion that interest, referred to in clause (xii) of section 26 of the act must be directly in terms of the contract itself and it cannot be merely sympathy or sentimental interest. 20. mr. rajendra vyas, learned additional government advocate, had been fair enough to produce the original record of judicial ..... not qualify either of these four terms used by the legislature and there is no direct or indirect evidence that petitioner had gained something directly or indirectly out of these contracts. while construing a statutory provision, it is not permissible for the court to add to or substract from it. (vide shyam kishori devi v. patna municipal corporation, air 1966 ..... contractors. 8. in view of the above, petitioner asked the authorities to drop the inquiry. 9. in the inquiry report, the learned judicial enquiry officer referred to the aforesaid four contracts and ultimately recorded the following findings of facts :-- (1) the delinquent himself has admitted in his reply that the executive officer had issued the work order in favour of his .....

Tag this Judgment!

Apr 18 2000 (HC)

Gram Panchayat Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-18-2000

Reported in : 2000(2)WLN175

..... 169(3) it is not subject to condition of previous approval of state govt. therefore, conclusion is irresistable that right to lease out right to papar khar either by private contract or public auction which in effect is the right to collect papar khar, the natural produce of the pasture land, vesting in panchayat, and the receipts of such natural produce ..... has been clarified that the paper khar & sajji are natural produce of land. sub-rule (4) of rule 169 authorises panchayat to lease out trees or natural produce by private contract or public auction. it may again to be noticed that while under proviso to section 63, all cases of acquisition or disposal of immovable property by the concerned panchayati raj ..... institute. thus for its purposes every panchayati raj institution has been conferred with power to acquire hold and dispose of property and to enter into contracts. section 64 delineates certain specific sources of income and receipts which may constitute the funds of the panchayati raj institution, which includes other than specified contributions and incomes a residuary ..... which are relevant for the present purposes. it may be noticed that section 63 authorises the panchayati raj institution to acquire hold and dispose of property and to enter into contract. it also envisage that state may allocate any public property situate within jurisdiction of such panchayati raj institution, which on such allocation vests in and under the control of such .....

Tag this Judgment!

Jul 21 2000 (HC)

District Excise Officer and ors. Vs. Smt. Kalawati Hari Singh Choudhar ...

Court : Rajasthan

Decided on : Jul-21-2000

Reported in : 2001(4)WLC60; 2007(2)WLN472

..... jurisdiction to entertain the suit based on malafide alleged aginst the defendants for shifting of location of shops duly approved by them at the time of grant of license for contract of the retail sale of coutry liquor, foreign or inddian made foreign liquor.13. in the instant case, the trial court while dismissing the defendant's application under ..... ) allowing the plaintiffs to peacefully carry on their liquor business without any interruption or hindrances in accordance with terms & conditions of liquor contracts so as to avoid from causing any loss to them. the dispute arose when the defendant no. 1 (district excise officer sawaimadhopur) issued notice dated 22.10.1999 for ..... shops situated one at village gehroli, todabhim balaji road and another at kherali crossing. permanent injunction had been sought for restraining the defendants (excise authorities) from: (1) cancelling the contracts sanctioned for aforesaid two shops of gehroli & kherali crossing in todabhim tehsil; (2) dispossessing them forcefully out of these two sanctioned liquor shops or closing those shops and further (3 ..... the facts leading to this petition, briefly stated, are that m/s. kalawati hari singh chaudhary and party carrying in business of country and foreign wine & beer under the contract for the year 1999-2000 sanctioned by the excise department of govt. of rajasthan for hindaun todabhim group of imfl had instituted a civil suit for permanent injunction alongwith t .....

Tag this Judgment!

May 31 2000 (HC)

Godfrey Philips India Ltd. and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-31-2000

Reported in : [2001]121STC54(Raj)

..... supreme court, in the case of g.k. krishnan air 1975 sc 583, challenging the validity of the madras motor vehicles taxation act (3 of 1931) imposing enhanced tax on contract carriages by g.o. ms. no. 2044, dated january 20, 1971 the validity of which was challenged as colourable exercise of power alleging infringement of article 401, freedom of trade .....

Tag this Judgment!

Jul 07 2000 (HC)

Kashi Ram and anr. Vs. Raj Kumar and ors.

Court : Rajasthan

Decided on : Jul-07-2000

Reported in : AIR2000Raj405

..... while interpreting the provisions of section 208 of the act held that so far as third parties are concerned, law is that termination of contract of agency takes effect only from the time the third party obtains knowledge of it. the principle of law is now well-settled that ..... has cancelled power-of-attorney given to his agentand that she cannot be expected to approach everybody with whom the agent was likely to enter into contract and inform them of the cancellation. 13. in kulsekarapatnam hand match workers' co-operative cottage industrial society ltd., madras state v. radhelal lallolal, ..... to the world that as authority is revoked and it makes no difference if in a particular case the agent intended to keep the contract on his own account. the court repelled the contention that it was very unreasonable to expect that the principal should inform the whole world ..... that agent's action should bind the principal even though principal might have cancelled agent's authority, unless the third person with whom the agent enters into contract, knew of the termination of the agency.....' 12. while deciding the said case, the court placed reliance upon judgment in trueman v. loder. (1840) ..... the same contention has been agitated before board of revenue which stood repelled by the board, placing reliance upon provisions of chapter x of the contracts act, 1872. the law relating to revocation of authority as adumbrated in provisions of section 201 to 210 under this chapter, which deals specifically .....

Tag this Judgment!

May 03 2000 (HC)

Railway Shramik Sahakari Bank Ltd. and anr. Vs. Bhagwan Das Swami and ...

Court : Rajasthan

Decided on : May-03-2000

Reported in : 2000(2)WLN617

..... , under section 62 of the andhra act. such a relief could be granted only by the industrial tribunal which under the industrial disputes act, has the jurisdiction even to vary contracts of service between an employer and employees. this reasoning is applicable mutates mutandis to the instant case.17. in view of the above referred decisions of the supreme court, it ..... case : (1969)iillj698sc (ibid), and was repelled inter alia, with the reasoning that the bye-laws of the bank, containing the conditions of service were in the nature of a contract between the bank and its employees and a change of such bye-laws embodying the conditions of employment, could not possibly be directed by the registrar where under section 62 .....

Tag this Judgment!

May 29 2000 (HC)

Amar Singh Vs. Smt. Bhagwati

Court : Rajasthan

Decided on : May-29-2000

Reported in : AIR2001Raj14; 2000(4)WLC202

..... , they should not be conclusive therefore, malicious prosecution is not an action at law but is an action at tort. it is a statutory liability and in absence of a contract, a party cannot be sued. in a case of wrongful imprisonment, a bona fide belief is not for the plaintiff to establish it but for the defendant to prove and .....

Tag this Judgment!


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