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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2005 Page 1 of about 20 results (0.015 seconds)

Nov 17 2005 (HC)

Viswanath Sharma (Shri) Vs. State of Rajasthan and 3 ors.

Court : Rajasthan

Decided on : Nov-17-2005

Reported in : RLW2006(1)Raj350

..... the dispute of any kind whatsoever arrived at between non- government recognized affiliated aided colleges not maintained by the government and a member of its teaching staff. the contract means the contract of employment of teacher in non-government recognized affiliated aided colleges not maintained by the government, which includes or has to include service conditions of teacher. any dispute ..... government recognized affiliated aided colleges, is to be given to the teacher and a copy thereof is to be lodged with the university of rajasthan. the proforma of agreement/contract provided under ordinance 68 of the ordinances is for the guidance of the non-government recognized affiliated aided colleges not maintained by the government of rajasthan but service conditions are ..... with respect to all the employees of an aided institution shall not be less than those prescribed for the staff belonging to similar categories in government institutions.(2) notwithstanding any contract to the contrary, the salary of an employee of a recognized institution, for any period after the commencement of this act, shall be paid to him by the ..... is between the affiliated college and its employee/teacher and the government cannot be bound by such agreement and cannot be saddled with financial liability. this is a bilateral contract between the college and its employee/teachers because of the affiliation with the university. by this no mandamus can be issued against the government to accept the same.40. .....

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Feb 03 2005 (HC)

State of Rajasthan and ors. Vs. Nathu Lal

Court : Rajasthan

Decided on : Feb-03-2005

Reported in : AIR2006Raj19; IV(2005)BC475; RLW2005(2)Raj1336; 2005(3)WLC341

..... called by her on the administrative side for verification of the facts. the collector observed that prima facie it appeared that the forest department was proceedings under the contract and therefore no administrative order was required form the collector. the petitioner approached the board of revenue against the order passed by the collector but the learned member of ..... the record that the petitioner approached the collector on 6.9.1977 when he was called upon to make payment of the remaining amount under the contract. however, the collector found that the application filed by the petitioner was not maintainable under any law, yet according to the collector, the proceedings of the forest department were ..... breach, the intended recovery remains wholly unauthorised. we are, therefore, of opinion that learned single judge was right in observing that without adjudication of the question of breach of contract, the attempted recovery under annex.13 remains illegal and the same has rightly been quashed.20. so far the concealment of the facts is concerned, it not doubt appears from ..... into consideration various facts and factors and variation of a substantial part of consideration nullifies against the basic requirement of meeting of minds for conclusion of an agreement. for the contract of the present nature in which the seasonal months of march and april were of relevance, the appellants have not been able to show if they retained within themselves .....

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May 12 2005 (HC)

Hotel Residency Place Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : May-12-2005

Reported in : RLW2005(3)Raj2158

..... .21. since in that case, event completed on submitting the application for renewal of the licence accompanied with the proof for payment of the new fees and ultimately by the contract of licence which was granted to the applicant-petitioner before amendment in rule came. the petitioner in this case, since applied for renewal of the licence, therefore, he discharged his ..... of licence (which in fact is grant of new licence) on the terms which were existing on 31.3.2005. therefore, the petitioner under the rules or under the statutory contract, has no right to seek directions against the respondents to issue and execute a licence on the same terms and conditions of licence which he was possessing up-till 31 ..... contain a term that licence shall be renewed in the existing terms or may contain a term providing for increase in the licence fee etc., in that situation, both the contracting parties are governed by the terms of the licence. in the licence granted under the statutory provisions, the law governing the licence in the present case is under the rules ..... petitioner is that he has applied with all requirements for renewal of his licence but neither the law permits nor the respondents have entered into the concluded contract nor could have entered into the concluded contract in violation to the rules which are in force and were in force on the date on which the respondents could have issued a licence. the .....

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Apr 28 2005 (HC)

Lrs of Bhinva Ram Vs. Sohan Ram

Court : Rajasthan

Decided on : Apr-28-2005

Reported in : RLW2005(4)Raj2433; 2005(4)WLC34

..... performed by the plaintiffs in respect of the contract was averred and nothing remained to be performed by them. this included the fact that the plaintiff has spent amount for purchase of stamps and presented sale-deed for ..... denied execution of any document for sale. the trial court dismissed the suit but the first appellate judge accepted the appeal and decreed the suit for specific performance of contract. a contention was raised before this court that the plaintiffs failed to take averments about readiness and willingness. this court, after considering the pleadings, found that whatever was ..... non-performance by a person having any impact on the other, could not be adequately compensated by damages, the specific performance may be granted. in case of breach of contract to transfer immovable property, the court would presume, unless contrary is proved, that such breach cannot be adequately relieved by monetary compensation, whereas the principle is quite opposite ..... , partition, refund of earnest money, etc.-(1) notwithstanding anything to the contrary contained in the code of civil procedure 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-(a) possession, or partition and separate possession, of the property, in addition to such performance; .....

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Jan 12 2005 (HC)

Varju and ors. Vs. United India Insurance Co. Ltd. and ors.

Court : Rajasthan

Decided on : Jan-12-2005

Reported in : IV(2005)ACC516; 2006ACJ328; 2005(4)WLC1

..... passengers travelling in public service vehicle covered by sub-clause (ii) of clause (b) of section 147(1) are not covered under the 'act only' policy unless the terms of contract between the insurer and the insured otherwise provide on payment of additional premium.52. significantly in baljit kaur's case : air2004sc1340 , the court while construing section 147 made it clear ..... compulsory coverage was not intended for all passengers and, therefore, it was provided that 'passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment'. 34. thus, the confinement of the operation of the main provision was in respect of vehicles and also passengers. the court further noticed that even after amendment, ..... main provision would have included all classes of vehicles including goods vehicles and all passengers whether carried for hire or reward or by reason of or in pursuance of a contract of employment or otherwise. however, referring to proviso (i), the court said that such an unqualified meaning to the words 'any person' was not envisaged. the court said while referring ..... of the vehicle becomes vicariously liable. therefore, the limitation in the coverage under the 'act only' policy is inherent. the statutory provision neither covers nor excludes the entire territory of contract.22. the reading of provision in that context reveals that it does not restrict a wide coverage which the insurance cover under the agreement between the parties may make. it .....

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Sep 15 2005 (HC)

Jagir Singh Vs. Ranjeet Singh and ors.

Court : Rajasthan

Decided on : Sep-15-2005

Reported in : AIR2006Raj105; RLW2005(4)Raj2941; 2005(4)WLC447

..... to prove that he paid the money to the defendant vendor under the sale deed in his favour in good faith and without notice of the prior contract. and it is one of the recognised canons of jurisprudence that a person, who seeks to take advantage of an exception has to prove affirmatively that his ..... sale in favour of the plaintiff. plaintiff too would not be able to lead positive and direct evidence to show that the defendant had knowledge of the contract in his favour. once it is a case of oath versus oath and at the most evidence of interested parties in leading negative evidence the issue shall ..... , to prove that he paid the money to the defendant vendor under the sale deed in his favour in good faith and without notice of the prior contract. and it is one of the recognised canons of jurisprudence that a person, who seeks to take advantage of an exception, has to prove affirmatively that ..... ) of the specific relief act, 1963 was that the transferee should have paid money in good faith and he showed have done so without notice of the original contract.16. mr. r.k. agrawal, learned counsel appearing for the appellant, on the other hand, relies upon judgment of lahore high court in kanhaya lal v. ..... the plaintiff but in that case defendant no. 2 who gave his evidence did not even say on oath that he was not aware of the plaintiff's contract.14. in dhadi dalai v. basudeb satpathy (supra), learned single judge while placing reliance upon a judgment of the privy council in bhup narain singh v. .....

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Sep 02 2005 (HC)

Mukati Transformers Ltd. Vs. Jaipur Vidyut Vitran Nigam Ltd. and anr.

Court : Rajasthan

Decided on : Sep-02-2005

Reported in : I(2006)BC455; 2005(4)WLC528

..... .2001.10. in the considered view of this court and hon'ble supreme court in such matters where several disputed questions are involved specially in the contract matters, normally while exercising power under article 226 of the constitution of india, this court should not interfere in the matter. the ratio decided by ..... 9.2002. the petitioner had extended the validity of its offer upto 31.3.2002 without any challenge to the terms and conditions mentioned in the contract form. thus, the petitioner cannot claim any right on account of enhanced rates when it extended the validity of its offer with clear understanding that ..... petitioner failed to comply with the requirement of clause 35.1, therefore, the bid security was rightly forfeited as the petitioner has committed breach of contract.9. so far as order of status quo passed in the writ petition of m/s vijay electricals on 9.1.2002 is concerned, it is ..... relevant provisions of the instructions to bidders. as per clause 35.1, the successful bidder shall furnish the performance security in accordance with the conditions of contract, in the performance security form within 30 days of receipt of notification of award from the purchaser. as per clause 35.2, failure of the ..... was duly signed and executed by the petitioner and sent back to the nigam on 18.12.2001. immediately after executing the contract agreement, as per clause 35.1 of instructions to bidders, the petitioner was require to furnish the performance security in the sum of 5% of .....

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Feb 01 2005 (HC)

Chhotulal Vs. Manak Devi

Court : Rajasthan

Decided on : Feb-01-2005

Reported in : III(2005)BC440; 2006(1)CTLJ377(Raj); RLW2005(2)Raj808; 2005(2)WLC337

..... an overall view of the matter, 1 am not inclined to accept the submission, that the transaction is hit by the mischief of section 23 of the contract act.11. the next submission made is, that the plaintiff is a money lender, and since she has no license under the money lender's act, ..... an agreement is said to be unlawful. every agreement of which the object or consideration is unlawful is void.' 9. a look at section 23 of the contract act shows, that what it provides is, that the consideration or object of the agreement should be forbidden by law, or should be of the nature, ..... available, considerations of business expediency and other relevant factors.] (4) notwithstanding anything contained in any other law for the time being in force or in any contract, where any payment in respect of any expenditure has to be made by a crossed cheque drawn on a bank or by a crossed bank draft in ..... i have considered this submission also. for convenience, the provisions of section 269ss of the act, so also section 40a of the act, and section 23a of the contract act are reproduced, which read as under: -'269ss. no person shall, after the 30th day of june, 1984, take or accept from any other person (hereafter ..... not been done, it is a case of violation of section 269ss of the act, and in view of the provisions of section 23 of the indian contract act, it renders the transaction illegal, rather void, with the result, that the plaintiff is not entitled to maintain the suit for recovery of the amount. .....

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Oct 18 2005 (HC)

Alwar Prakashan and anr. Vs. K.K. Shrimal and anr.

Court : Rajasthan

Decided on : Oct-18-2005

Reported in : I(2007)BC349

..... argument of dr. p.c. jain, learned counsel appearing for the defendant-appellants is that the suits of the plaintiffs are not maintainable, inasmuch as there was no privity of contract between the plaintiffs and the defendants. in support of his argument, dr. jain referred to the averments made in the plaint as also the cross-examination of one of the ..... parties that may be adduced during trial of the suit. so far as the legal issue raised by the counsel for the appellants that since there was no privity of contract between the plaintiff and the defendants, the plaintiffs have no locus standi to bring the suit concerned, the same shall be considered and decided by the trial court on the .....

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Jul 29 2005 (HC)

Highway Tyre Retread Pvt. Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-29-2005

Reported in : RLW2006(1)Raj521; 2006(1)WLC764

..... and with the knowledge of all consequences.57. in view of the aforesaid, this court is clearly of opinion that the action of the respondents in seeking to avoid the contract and to unilaterally annul the same cannot be countenanced and this state action falling short of reasonableness and clearly answering to the description of arbitrariness and unfairness deserves to be ..... in any case, if there was any doubt, it was required of the state government to have clarified the doubt before issuing a sanction of subsidy. on such matters of contract, by entertaining self-inflicted or generated doubt, the state cannot act arbitrarily and whimsically to recall a concluded agreement.56. it could be said that even if a reasonable doubt ..... covenant, for the unit failing to commence commercial production within two years or where over-payment has been made. all these clauses relate either to such acts for which a contract is vitiated or which show the misuse of the subsidy granted. clause 8 of the agreement clearly gives the aforesaid recoverability of the subsidy a shape as a term of ..... and the state took a particular view, which was one of the possible views, and then entered into the contract; then the contract cannot be avoided by the state on its second thought. this court is of opinion that in the matters of contract, such equivocating stands are not permissible even for a private party and the sweep of article 14 puts the .....

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