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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2004 Page 1 of about 22 results (0.014 seconds)

Sep 10 2004 (HC)

Arnavaz (Anu) (Mrs.) and ors. Vs. Alcobex Metals Ltd. and anr.

Court : Rajasthan

Decided on : Sep-10-2004

Reported in : 2005CriLJ610; RLW2005(1)Raj43; 2005(1)WLC239

..... the part of the petitioner at the time of making of the promise. it also does not appear to be a case of failure to keep promise or breach of contract by the petitioner. the stand of petitioner herein from the beginning has been that the tubes supplied were defective entailing loss to the company. similarly no offence under section 406 ..... clear enough to indicate that more failure to deliver in breach of an agreement would not amount to cheating but is liable to only a civil action for breach of contract.'9. thus, it clearly emerges that to exercise powers under section 482 cr.p.c., the complaint in its entirety must be examined on the basis of the allegation made ..... filed a money suit for recovery of rs. 32 lakhs in november, 1999 against the complainant company in the court of civil judge (senior division), pune for the breach of contract by the complainant estimated at rs. 50 lakhs adjusting the amount of rs. 17.95 lakhs debited to the complainant company.6. it is submitted by mr. alok sharma learned ..... debiting the cost of re-working on the machines due to defective supply of tubes the parties and no unilateral changes could be effected arbitrarily after the finalization of the contract and execution of the order, particularly in view of the fact that no supplier could ever give a blanket commitment to compensate a customer for any losses without limit which .....

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Feb 21 2004 (HC)

Usha Dube (Mrs.) Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-21-2004

Reported in : RLW2004(3)Raj1653; 2004(2)WLC287

..... respondent, no officer was appointed for holding the departmental inquiry instead the competent authority chose to terminate the respondent's services in exercise of its powers under the terms of contract as well as under the relevant rules applicable to a temporary government servant. it never intended to dismiss the respondent from service. holding of preliminary inquiry does not affect the .....

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Dec 01 2004 (HC)

Chetan Construction Company Vs. State and ors.

Court : Rajasthan

Decided on : Dec-01-2004

Reported in : 2005(3)ARBLR206(Raj); RLW2005(2)Raj996; 2005(1)WLC484

..... matter constituting a total claim of rs. 50,000/- or above, whether its decision has been otherwise provided for and whether it has been finally decided accordingly, or whether the contract should be terminated or has been rightly terminated and as regards the rights or obligations of the parties as the result of such termination shall be referred for decision to ..... through the alternate disputes redressal method of arbitration.3. brief facts of the case are that the petitioner is a sole proprietorship firm and is involved in constructions business. a contract was awarded by the executive engineer, public works department, div. i, bharatpur in favour of the petitioner vide letter dated 30.3.1998 and the agreement was accordingly executed. as ..... was 14.4.1998 and the date of completion was 13.2.1999 and according to the terms of the agreement the valuation of the contract was rs. 19,82,537.54/-. time was essence of the contract and accordingly the petitioner arranged labour, staff, machinery etc. which were required for the work but the reciprocal promises which were to be undertaken ..... been placed on record as ex.1, 2 and 3 respectively. since the petitioner was prevented to perform his part of the contract solely because the respondents failed to perform their obligation as per the terms of the contract and when no action was taken on the representation the registered a.d. notice was sent by the petitioner dated 22.8.2002 .....

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Apr 06 2004 (HC)

Virendra Singh and ors. Vs. Kashiram (Deceased by L.Rs.)

Court : Rajasthan

Decided on : Apr-06-2004

Reported in : AIR2004Raj196; 2006(1)CTLJ378(Raj); RLW2004(3)Raj1979; 2004(3)WLC711

..... as the law specially declares to be fraudulent. explanation.-- mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence ..... he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or(b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person who ..... under:--16. 'undue influence' defined. (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate ..... that this additional issue practically stands covered by both the issue nos. 1 and 2. the term 'undue influence' is defined under section 16 of the indian contract act, 1872 (in short the act) while the term 'fraud' is defined under section 17 of the act. the provisions of both the sections are as ..... was in negative.12. second point:-- according to the provisions of section 10 of the act, all the agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. the term ' .....

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Sep 28 2004 (HC)

State of Rajasthan and ors. Vs. Achala Ram

Court : Rajasthan

Decided on : Sep-28-2004

Reported in : RLW2005(1)Raj60; 2005(1)WLC796

..... the government service was to lake effect at a subsequent date prospectively and that withdrawal was long before that date. therefore, the appellant had locus poententiae. the dissolution of the contract of employment would be brought about only on the date indicated i.e. march 31, 1981; upto that the appellant was and is a government employee. there is no unilateral .....

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Feb 24 2004 (HC)

Dhulchand Vs. Kanti Lal and ors.

Court : Rajasthan

Decided on : Feb-24-2004

Reported in : 2006ACJ276; AIR2004Raj267; RLW2004(4)Raj2291; 2004(3)WLC470

..... also held that the insurance company is liable to pay the compensation though the vehicle was under the control and was driven under the instructions of the beneficiary of the contract and not by the registered owner. therefore, even if, the appellant would have proved handing over the actual possession of the vehicle to the subsequent purchaser, they cannot have avoided ..... . it will be relevant to mention here that the insurance company insured the vehicle for the benefit of registered owner of the vehicle and there was no privity of the contract between the insurance company and the r.s.r.t.c., therefore, if the owner of the vehicle would have been absolved totally by the division bench of this court ..... , is invalid as public policy, was not examined though the finding was recorded by the high court that the condition 15 of the agreement in the aforesaid case, in the contract to the extent it shifts the liability arising of the accident from the r.s.r.t.c. to the owner, may be against the public.'6. the division bench ..... the case of new india assurance co. ltd. v. r.s.r.t.c. reported in 2003 rar 213 wherein the r.s.r.t.c. took a bus on contract from the registered owner of the bus and the bus met with an accident and a question came for consideration, whether the r.s.r.t.c. is liable to .....

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May 10 2004 (HC)

Barji (Smt.) and ors. Vs. Thakurji Shri Dwarkadheesji and ors.

Court : Rajasthan

Decided on : May-10-2004

Reported in : RLW2004(4)Raj2068; 2004(3)WLC732

..... within the definition of premises and the present suit was maintainable under the provisions of rent control act ?4. whether the acceptance of land by enhanced rate and creating new contract, the plaintiffs had waived his right of eviction on the ground of substantial damages of premises when according to the plaintiffs the damages was caused in the year 1955 ?5 .....

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Mar 15 2004 (HC)

Suresh Oil Mills Vs. Kesar Bai

Court : Rajasthan

Decided on : Mar-15-2004

Reported in : 2006ACJ510; RLW2004(3)Raj1734; 2004(3)WLC107

..... rs. 450/- was paid by he vehicle owner which included rs. 150/-to cover unlimited personal injury sustained by third party. india motor tariffs schedule of premiums, provides that the indemnity granted to the insured for the personal injury caused to third party shall be unlimited, if rs. 150/- as additional premium is paid in respect of goods carrying vehicle. in ..... in sub-section (4) with proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against insured by relegating them to .....

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Jan 15 2004 (HC)

Anup Krishna Kaul Vs. Jagdish Swaroop Agarwal and ors.

Court : Rajasthan

Decided on : Jan-15-2004

Reported in : AIR2004Raj185; RLW2004(1)Raj534; 2004(1)WLC743

..... unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b).explanation 2 : the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the ..... anr. v. thawar das (dead) through lrs. (2), contended that a party being failed to prove his willingness to perform his own part of the contract cannot claim decree for specific performance and placing reliance upon ganesh shet v. dr. c.s.g.k. setty and ors. (3), contended that the relief ..... of smt. vishnu maya kaul as she was physically and mentally unfit to put her thumb impressions on this document and thus she was not competent to contract. sh. mehta referred the evidence-oral as well as documentary in detail. he contended that smt. vishnu maya kaul was suffering from hypertension, acute-paralysis ..... the basis of the pleadings of the parties, following issues were framed.1. whether smt. bishnu maya kaul executed valid agreement dated 24.7.1979 and thereby contracted to sell bungalow bearing amc no. 41/32 to the plaintiff and received a sum of rs. 20,000/- towards the sale price ?2. whether ..... the sale deed after obtaining 'no objection certificate'. the plaintiff was at all relevant times and is still prepared to perform his part of the contract. he also served a notice by registered post dated 29.8.1979 and served another notice by registered post on 26.5.1980 along with a .....

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Apr 21 2004 (HC)

Commissioner of Income Tax Vs. Jodhpur Co-operative Marketing Society

Court : Rajasthan

Decided on : Apr-21-2004

Reported in : (2004)189CTR(Raj)516; [2005]275ITR372(Raj); 2004(5)WLC285

..... ground of transfer of diversion of income by overriding title. the supreme court repelled the contention by holding that the deed of assignment was, it its true nature, only a contract by the assessee to transfer, or make over, to his wife in future all dividends that may be declared in respect of the shares; as a company can pay dividend .....

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