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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2001 Page 1 of about 40 results (0.019 seconds)

Aug 17 2001 (HC)

Oriental Insurance Company Ltd. Vs. Smt. Hulasi Devi and ors.

Court : Rajasthan

Decided on : Aug-17-2001

Reported in : II(2003)ACC103; 2002ACJ2082; 2002(4)WLN88

..... been decided that the standard motor cycle comprehensive policy should cover liability to pillion passengers treating them as occupants in the motor cycle and provide indemnity to such person who are not carried for hire or reward.'13. it was further held that the term 'any person' used under section ..... -3020, the expression 'third party risks' has been given meaning as under:-'third party risks connotes that the insurer is one party to the contract, that the policy holder insured is another party, and that claim made by others in respect of the negligent use of the car, may be ..... the tariff advisory committee amended on 25lh march, 1977 and by this amendment the insurance companies were compulsorily required to incorporate a clause in the contract to indemnify the insured for the death or bodily injury to any person including the occupant.12. in oriental insurance company ltd. v. minaxi ..... and ors. (8) which was based on the instruction of the tariff advisory committee requiring insurance company to mandatorily incorporate a clause in the contract to indemnify the insured in respect of compensation for death and bodily injury to any person including the occupant carried in the motor car provided that ..... premalatha and ors. (supra) the high court of kerala held that the pillion rider was not carried for a reward of or in pursuance of contract of employmentand, therefore, the insurance company is not liable. this case relates to motor vehicles act, 1939 as in the aforesaid case, the date .....

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May 29 2001 (HC)

Assistant Engineer G.W.D. and anr. Vs. Rakma Bhil and ors.

Court : Rajasthan

Decided on : May-29-2001

Reported in : 2001(4)WLN152

..... the relation of 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. sub-section (3) of section 12 provides that nothing in this section shall be ..... lift pariyojna there was a sudden blast of detonator (tota) and that resulted in causing injuries to the claimants and as such gwd being in contract with the employer drda is equally responsible for making payment of compensation to the claimants for their personal injuries.27. in view of the aforesaid ..... contractor instead of the principal.23. from the above provision it is clear that the respondent claimants are entitled for compensation both from principal drda and contracting party gwd.24. having therefore, examined aforesaid three cases both on principal and authority, it is crystal clear that once the additional collector (dev.) ..... executing this work for drda was to be made by drda to gwd vide ex.a/1 and, therefore, principal employer drda as well as contracting party gwd both are liable for payment of compensation to the workmen claimants, who sustained employment injuries.22. section 12(2) of the workmen's ..... drda agreed to make payment of bill being sent to them. this fact is not in dispute that drda being principal employer and gwd being contracting party to carry out the work for principal drda. whole of the work of blasting and digging drains was carried out for the principal and .....

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Dec 11 2001 (HC)

Bharat Construction Company Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Dec-11-2001

Reported in : 2002(4)WLN294

..... unfair.20. in the aforesaid background it is considered that it would not be necessary to go into the nieceties of the award of the contract. these matters are better left to the specilised persons who are there with the department and the court who has insufficient accumen to handle such ..... an overwhelming public interest in entertaining the petition, the court should intervene.13. it has been emphasised that when the decision making process is of public contracts, it should not be lightly interfered with by the courts. he has also placed reliance on a decision of the supreme court reported in 1989 suppl. ..... under article 226 in disputes between two rival tenderers.12. when a petition is filed as a public interest litigation challenging the award of a contract by the state or any public body to a particular tenderer, the court must satisfy itself that the party which has brought the litigation is ..... the petitioner. this is not for the first time that the petitioner has not been given personal hearing by the department. in the award of contracts in past the petitioner had participated. there had been no occasion when the petitioner was heard.12. learned counsel for the respondent has also placed ..... in the action of the federation.35. it is true that mere issuance of letter of intent may not be equated with a case where contract has been concluded between the parties but nonetheless on imperfect or incholate right had been conferred on the petitioner. the peculiar facts of this case .....

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Mar 13 2001 (HC)

Commercial Taxes Officer, Anti-evasion Vs. Rajasthan Taxation Tribunal ...

Court : Rajasthan

Decided on : Mar-13-2001

Reported in : [2001]124STC257(Raj); 2001(3)WLC183; 2002(1)WLN222

..... his service, artistic skill and talent. if any property passes to the customer in the form of photographic paper, it is only incidental to the service contract. no portion of the turnover of a photographer relating to this category of work would be exigible to sales tax.'22. the court approved of above principle ..... or commodity during the course of performance of the transaction in question does not render the transaction to be a transaction of sale. even in a contract purely of work or service, it is possible that articles may have to be used by the person executing the work, and property in such articles ..... in fact the principle was first enunciated in the case of a photographic work that it is essentially one of skill, labour and not the case of work contract in kame's case [1977] 39 stc 237 (sc). in that case, the court categorically said :'when a photographer like the respondent undertakes to take ..... or the required prints of already developed negatives.10. he contends that while first type of activity can be considered to be an activity of service contract only because in such cases passing of the prints on the paper used in taking out the prints from the negatives may only be considered to ..... upheld the tax liability on the value of paper. we were of the view that transfer of property in paper took place in execution of works contract to therefor whom the said development of reel was made and positive prints were made available to the assessee and on the cost of paper involved .....

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Dec 13 2001 (HC)

Rajendra Textiles Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Dec-13-2001

Reported in : RLW2003(1)Raj546

..... .7.1986. the station master of railways, hindaun city informed the appellant that the consignment had been re-booked to idgah railway station vide pwb no. 567377 on execution of indemnity bond, whereas appellant had never given instructions to the railway administration for rebooking the aforesaid consignment and, therefore, the appellant claimed cost of goods, interest at the rate of 18 ..... under:-'77. responsibility of a railway administration after termination of transit.--(1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of seven days after the termination of transit ..... that sub-section (1) of section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such loss etc. has occurred within a period of 7 days after the ..... person unauthorisedly impersonating himself to be a partner of the appellant firm. the tribunal categorically reached to the finding while deciding issue no. 2 that goods were re- booked on indemnity bond filed by unauthorised person who impersonated himself to be partner of appellant firm. thus, railway was under legal obligation to keep the goods intact at least for a period .....

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Dec 13 2001 (HC)

Rajendra Textiles, Jodhpur Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Dec-13-2001

Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41

..... railways. hindaun city informed the appellant that the consignment had been re-booked to idgah railway station vide pwb no. 567377 on execution of indemnity bond, whereas appellant had never given instructions to the railway administration for re-booking the aforesaid consignment and, therefore, the appellant claimed cost of ..... partner of the appellant-firm. the tribunal categorically reached to the finding while deciding issue-no. 2 that goods were re-booked on indemnity bond filed by unauthorised person who impersonated himself to be partner of appellant-firm. thus, railway was under legal obligation to keep the ..... section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151. 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such loss etc. has occurred ..... sender to 'self' when therailway receipts have been lost, delivery may be granted only when the person claiming the consignment produces a stamped indemnity note signed by the sender and countersigned by the station master of the forwarding station. the name stamp of the forwarding station must be ..... administration after termination of transit.-- (1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the toss, destruction, damage, deterioration or non-delivery of goods carried by rail way within a period .....

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Feb 19 2001 (HC)

Black Stone Rubber Industries (P) Ltd. Vs. State of Rajasthan and Anot ...

Court : Rajasthan

Decided on : Feb-19-2001

Reported in : 2001(4)WLC101; 2001(3)WLN98

..... 5 of the rajasthan act, 1954 since repealed as under:'(3) notwithstanding anything contained in this act, in the case of a works contract, the turnover of such contract shall be subjected to tax: provided that such deductions, as may be prescribed, may be allowed to a contractor while determining his tax liability ..... cannot be any hesitation in coming to the conclusion that enactment of the state legislation to make mere place of use of goods in works contract within state subject to tax, notwithstanding on the principles governing the inter-state trade or commerce which is laid by the central legislation falls ..... ii the goods shall become subject of charge by deeming provision, irrespective the transaction may involve such movement of goods in pursuance of the contract which brings it within the purview of inter-state trade or commerce. the sole basis thus, for subjecting to charge becomes the deemed situs ..... and includes:- (i)..... (ii) a transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract. (iii)..... (iv) a transfer of the right to use goods for any purpose whether or not for a specified period for cash, deferred payment or ..... the question of determining the identity of goods and value of goods, property in which is transferred due to its involvement in execution of works contract is concerned, we are of the opinion that this matter pertains to investigation of the fact as well as interpretation of statute which, involves .....

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Mar 16 2001 (HC)

Hanuman Prasad Vs. District Judge, Merta and ors.

Court : Rajasthan

Decided on : Mar-16-2001

Reported in : AIR2001Raj398; 2001(2)WLC423; 2001(2)WLN271

..... scheme of the act/rules and the language used therein, and if language thereof suggests a fiction even by necessary implication, it has to be interpreted accordingly.(39). where the contracts were found to be void/unenforceable for non-observance of the provisions of article 299 of the constitution, the apex court consistently held that thai would not relieve the contractor ..... , 1951 from standing as a candidate for election to the state legislature.(17). in konappa rudrappa nadgouda vs. vishwanatha reddy (11), the apex court held that merely because the contract had been entered into without complying with the provisions of article 299 of the constitution, it would not save bar of election law to the candidature.(18). the constitution bench ..... r. nadgouda & ors. (9).(16). in abdul rahiman khan vs. sadashiva tripathi (10), a similar view has been reiterated by the hon'ble supreme court holding that even if the contract resulting from acceptance of its tender, (hough may not be enforceable for non-observance of ihe provisions of article 299 of the constitulion, still the petitioner incurred disqualification under the ..... court considered the applicability of the provisions of section 7(d) of the representation of people act, 1951 (for short, 'the act, 1951') imposing the disqualification on the person having contract with the government and majority view has been that if the contracl was void arid unenforceable for non-compliance of the provisions of article 299(i) of (he constitulion, the .....

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May 09 2001 (HC)

M/S Herbertsons Limited, Alwar Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-09-2001

Reported in : 2001(3)WLC19; 2001(3)WLN442

..... vs. state of rajasthan (19). the division bench of this court, in this case, has observed that the principles of natural justice do not apply to a matter of contract and the contract in the shape of licence had been entered into which does not provide for an opportunity of being heard being given to a defaulter. the petitioner was in the ..... were known to the petitioner and, under these terms, he was required to pay the amount as and when it becomes due and in the manner as prescribed in the contract. since the petitioner became a defaulter he is bound to pay interest at the rates provided in the act and the rules. (67). in our opinion, the case put forward ..... is not illegal on the grounds mentioned. (65). in the above case, the petitioner under the licence was required to make monthly deposits in the manner laid down in the contract. it, however, defaulted in making payment for the year 1982-82. hence recovery was started against it for the interest through the notice dated 24.10.83. the petitioner defaulted ..... supreme court held that during the pendency of |he proceedings before the learned single judge, the respondent-petitioners had obtained a slay of collection of tax in respect of the contract carriage vehicles involved in the writ petitions before the high court. the learned single judge, while dismissing their writ petitions, directed that the petitioners should pay the balance tax due .....

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Feb 13 2001 (HC)

Cit Vs. Mangal Chand Bhanwarlal and Co.

Court : Rajasthan

Decided on : Feb-13-2001

Reported in : [2001]119TAXMAN614(Raj)

..... the transferor and by or on behalf of the transferee has been lost, the company may register the transfer on such terms as to indemnity as the board may think fit:provided further that nothing in this section shall prejudice any power of the company to register as shareholder ..... shall be deemed to be distinct and separate from any other business. explanation 2 defines a speculative transaction as a transaction in which a contract for purchase and sale of any commodity is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity. the words ..... transfer of the commodity or scrips :provided that for the purposes of this clause-(a) a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or merchanting business to guard against ..... considered to find whether loss in question was speculative loss reads as under :'43. (5) 'speculative transaction' means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or ..... time of actual delivery of the shares (as is evident from the correspondence produced on file, then the broker issued vouchers giving date of contract, description of shares, distinctive numbers, rate amounts and other relevant details. the appellant had taken actual delivery of the shares through purchase vouchers .....

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