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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2003 Page 1 of about 19 results (0.015 seconds)

Sep 24 2003 (HC)

United India Insurance Co. Ltd. Vs. Madho Singh and ors.

Court : Rajasthan

Decided on : Sep-24-2003

Reported in : 2005ACJ1653; AIR2004Raj131

..... of policy. this is one aspect of he matter. the more important aspect of the matter is that, even in entering into such a contract, if it is found that the indemnity is undertaken to indemnify for the loss, resulting from any act done, or allowed to be done, by the insured, which falls within any of the categories ..... insurance cover is required to be obtained complying with the requirements of the chapter, and the requirements of the chapter include the requirements enumerated in section 147. thus, the contract of insurance is, of indemnity, undertaking to indemnify the insured, in the event of his suffering any of the liabilities required to be indemnified by section 147, and the consideration of the ..... contract of indemnity is payment of premium by the insured, and in addition to comply with such of the requirements of the act as are incorporated in the policy, as permissible specified conditions ..... . thus by virtue of the provisions, and philosophy, of section 23 of the contract act if the liability of the insured arises as a result of violation of such provisions, which has been made punishable with imprisonment, in that event the insured cannot be allowed to claim indemnity, nor can the insurer be compelled to indemnify, on account of it having issued .....

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Oct 31 2003 (HC)

Ashok Maheshwari and anr. Vs. Chothu, Moola and anr.

Court : Rajasthan

Decided on : Oct-31-2003

Reported in : II(2004)ACC14; 2004(2)WLC97

..... 11(1)(a) of standard form for motorcycle, comprehensive policy, sheet 59 of the imt, covers liability to pillion passengers treating them as occupants in the motor cycle and provides indemnity to such persons who are not carried for hire or reward. but learned tribunal failed to consider this important aspect.(ii) the tariff advisory committee amended the tariff on march ..... 25, 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 of or bodily injury to any person including the occupant.(iii) the tariff advisory committee is the statutory body constituted under the insurance .....

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Aug 28 2003 (HC)

Jai NaraIn Modi Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-28-2003

Reported in : AIR2003Raj340; RLW2004(1)Raj373; 2004(1)WLC201

..... in judicial review proceedings wherethe court concludes that the decision is suchthat no authority properly directing itself onthe relevant law and acting reasonably couldhave reached it.'63. the grant of contract provides as a first step a provisional selection. respondent no. 5 was provisionally selected. thereafter, the matter went to the director, for confirmation. this check has been ..... augmentation of state revenue should be taken into consideration while according sanction. the director was required to look into, the entire matter thoroughly. the whole process of granting contracts to the private parties is after abdicating the sovereign function in favour of the private individuals. the sole purpose of augmentation of revenue was the idea behind tendering. if ..... v. evans, the courts can certainly examine whether 'decision-making process' was reasonable, rational, not arbitrary and violative of article 14 of the constitution.19. if the contract has been entered into without ignoring the procedure which can be said to be basic in nature and after, an objective consideration of different options available taking into account the ..... this stage of unreasonableness as defined in the principles of wednesbury, would prejudice the mind of court. that would result into frustrating the process of grant of the contract, which was been concluded in favour of the answering respondent. no consideration could have been given to the earlier tenders or earlier bids because they lost their rights. .....

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Sep 23 2003 (HC)

Alpha Engineer and Etc. Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-23-2003

Reported in : AIR2004Raj23; RLW2004(1)Raj619; 2004(1)WLC223

..... is empowered to depute its representative to attend the meeting of the board and to take part in the deliberations. section 23 mandates that no contract shall be made without the previous sanction of the state which involve an expenditure over and above the amount specified in the notification issued by ..... the tenders vitiated the entire process and destroyed the object of transparency. in the opinion of the housing commissioner the work was awarded to contracts on more rates and the board was deprived of the competitive rates. the state it appears upon consideration of entire material issued directions to cancel ..... that once the time was extended up to january 28, 2002 it could not have been preponed and thus transparency in issuance of public contracts came under clouds and no option was left with the state except to cancel the tenders. it was further contended that no civil or ..... semi-monopoly dealings it should meet the test of article 14. if a governmental action even in the matters of entering or not entering into contracts fails to satisfy the test of reasonableness, the same would be unreasonable. rule of reason and rule against arbitrariness and discrimination, rules of fair ..... the citizens are in the nature of contractual rights, the manner, the method and motive of a decision of entering or not entering into a contract, are subject to judicial review, on the touchstone of relevance and reasonableness, fair play, natural justice, equality and non discrimination in the type of .....

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Apr 07 2003 (HC)

State of Rajasthan and anr. Vs. Suresh Chandra and anr.

Court : Rajasthan

Decided on : Apr-07-2003

Reported in : RLW2003(4)Raj2157

..... so in view of the facts discussed above. under these circumstances, the contentions raised by the learned counsel for the appellants with regard to appointment of writ petitioners on contract basis, are unsustainable and cannot be accepted.23. the writ petitioners are continuing in appellant's employment for last more than 12 years and by now they might have ..... be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work of any establishment and where in such process, operation or other work of the establishment the principal employer intends to employ ..... no. 2 has been exercising entire control over the writ petitioners. learned counsel for the writ petitioners further contended that the documents ex.r/2, purporting to be alleged contract with goliath detectives, produced by the appellants, is spurious and appears to have been prepared subsequent to the appointment of writ petitioners and hence it is not a genuine ..... premises, the appellants averred that there existed no relationship of employer and employee between the appellants and the writ petitioner as he was engaged through goliath detectives and privity of contract for providing 12 persons was between the appellant no. 2 and goliath detectives. the writ petitioner filed a rejoinder to the reply filed by the appellants and reiterated the .....

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Sep 03 2003 (HC)

Commissioner of Income Tax Vs. Udaipur Distillery Co. Ltd.

Court : Rajasthan

Decided on : Sep-03-2003

Reported in : (2004)186CTR(Raj)1; [2004]268ITR305(Raj)

..... of the state. the former falls within the domain of compulsory exaction by the state in exercise of its taxation power. the latter falls in the realm of term of contract.70. from the aforesaid discussion, conclusion is irresistible that bottling fee was charged from the respondent-assessee by the state government by way of consideration for parting with its exclusive ..... its exclusive privilege to deal in such commodity it did not require specific legislation but could have been charged by state in exercise of its exclusive authority to enter into contracts. merely because for regulating its own exclusive right to trade in potable liquor, the state has legislated on the subject it cannot alter the character of bottling fee from consideration ..... parting with its exclusive privilege or right in dealing with liquor or drugs including the exclusive privilege of vending foreign liquor in favour of a private party under a licence (contract), the next question is whether such amount of consideration receivable by the government could form the subject-'fee' or 'tax' or 'duty' or 'cess' referred to as such, in one ..... exaction in the exercise of state's power of taxation where levy and collection is duly authorised by law as distinct from amount chargeable on principle as consideration payable under contract.30. the principle of statutory interpretation is well known and well settled that when particular words pertaining to a class, category or genus are followed by general words, the general .....

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Oct 22 2003 (HC)

Balbeer Kumar JaIn and anr. Vs. Tripti Kumar Kothari

Court : Rajasthan

Decided on : Oct-22-2003

Reported in : RLW2004(2)Raj819; 2003(4)WLC790

..... intention and thus the court has to ascertain legislative intent.in hungerford investment trust ltd. (supra), it was held that the appellant had no accrued right for rescission of the contract or the decree for specific performance under section 35 of the specific relief act, 1877, when the act was repealed by the specific relief act, 1963. the mere right to .....

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Oct 16 2003 (HC)

Prithvi Singh and anr. Vs. Banshi Lal and anr.

Court : Rajasthan

Decided on : Oct-16-2003

Reported in : AIR2004Raj100; 2004(2)WLC484

..... -appellants on the basis of their claim of easementary right, easement of necessity. the first appellate court after holding that there is no privity of contract between the plaintiffs and the defendant no. 1, therefore, the plaintiffs cannot get the decree for mandatory injunction and, in addition to the said finding ..... favour of the plaintiffs, the trial court while deciding issue no. 9 in favour of the defendants, held that there is no privity of the contract between the plaintiffs and defendant no. 1 and the suit of the plaintiffs is not maintainable. consequentially, the trial court decided issue no. 6 against ..... owner by adverse possession and subsequently new issues were framed whether the suit of the plaintiffs is not maintainable as there is no privity of the contract between the plaintiffs and defendant no. 1?7. the trial court after trial held that the plaintiffs purchased the property by registered sale deed (ex ..... litigation. the relief was denied by the two courts below on the mere ground that the plaintiffs have no privity of contract with defendant no. 1 and cannot enforce the contract by which defendant no. 1 agreed to give benefit for enjoyment of plaintiff's property, which was purchased after taking all ..... the benefit under any provisions of law. here in this case impliedly it is proved that the plaintiff paid the consideration for the contract of having way from the land in dispute to the defendant no. 2, which is by necessary implication is included in the sale .....

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Jul 08 2003 (HC)

Diamond World Vs. Commissioner of Income Tax

Court : Rajasthan

Decided on : Jul-08-2003

Reported in : (2003)184CTR(Raj)555; [2004]267ITR466(Raj)

..... we have noticed that the work done by the photographer which, as held by this court in kame's case : [1977]2scr435 , is only in the nature of a service contract not involving any sale of goods, we are of the opinion that the stand taken by the respondent-state cannot be sustained.' 24. as we have considered the cases referred ..... 'voucher copy' as known in commercial circles and not supply of goods so as to qualify for deduction under section 80hhc. it was, in other words, a short of service contract or service charges for the purpose of advertising in the journal and in lieu of which the payments made by persons living outside the country constituted the advertisement charges or ..... clear that unless there is sale and purchase of goods, either in fact or deemed, and which sale is primarily intended and not incidental to the contract, the state cannot impose sales-tax on a works contract simpliciter inthe guise of the expanded definition found in article 366(29a)(b) r/w section 2(n) of the state act. on facts as .....

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Jan 21 2003 (HC)

Shekhawat Explosives Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Jan-21-2003

Reported in : RLW2003(1)Raj648; [2004]137STC326(Raj); 2003(2)WLC398; 2003(1)WLN462

..... transfer of property though the property does not stand transferred in any physical form, it stands exhausted in the process of the execution of the works contract. unless any tranaction is given the status of sale within the meaning of section 2(38), there is no question of charging sales tax thereon. in ..... ascertained in the state shall be deemed sold separately in or from the state.explanation iv.-where the work under the works contract is spread over in many states including the state of raj., the part of the work done within this state shall be deemed to be the ..... have been moved from outside the state or the goods have been delivered to the lessee outside the state. explanation iii.- where there is a single contract of sale or purchase in respect of goods stored or ascertained in the state as well as at places outside the state, the goods stored or ..... form) involved in the execution of a works contract;(iii) any delivery of goods on hire-purchase or other system of payment by instalments;(iv) a transfer of the right to use goods for any purpose ..... in goods by one person to another for cash, deferred payment or other valuable consideration and includes,- (i) a transfer, otherwise than in pursuance of a contract, of property in goods for cash, deferred payment or other valuable consideration;(ii) a transfer of property in goods (whether as goods or in some other .....

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