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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2007 Page 1 of about 23 results (0.016 seconds)

Aug 30 2007 (HC)

Jodhpur City Bus Owners Union Vs. State of Raj. and ors.

Court : Rajasthan

Decided on : Aug-30-2007

Reported in : RLW2008(1)Raj517

..... change in law of state transport by amending motor vehicles act in 1988 only apprehension of the petition that the regional transport officer may grant permit liberally to operators having contract with the respondentcompanies is not of any significance. in view of the above reasons, the judgment of the hon'ble supreme court relied upon by the learned counsel for the ..... negatives by the state as well as by the document placed on record by the petitioner themselves. the petitioners did not point out any provisions of law under which the contract of providing better facilities to the passengers traveling in the stage carriages is forbidden by law. it is true that in the document of the respondent-company referred above itself ..... section 99 of the act of 1988, is not prescribing the quality of bus alone. the contract of providing services by the companies constituted by the state and established by the local bodies is a contract between permit holders and the companies and are not contract with the state or transport authority. there are several factors which can be considered by the state .....

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Apr 30 2007 (HC)

Vijay Kumar Chowrasiya and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Apr-30-2007

Reported in : RLW2007(4)Raj3238

..... as he was with the enormous increse in the amount of licence fee, wrote a letter dated 1.7.2001 for termination of the contract and the contract was actually terminated on 31.7.2001. he therefore prayed that the respondents be required not only to refund the amount paid in excess ..... . 47,000/- per annum provisionally with the stipulation that the licence fee fixed provisionally would be subject to revision during the tenure of the contract and such revised licence fee will be operative from the commencement of the financial year in which the revision takes place. the division bench of ..... 'in supervision of the instructions contained in para 1 of the board's letter under reference regarding fixation of rent and licence fee for catering contracts, ministry of railways have decided to give new guidelines.16. arguments of the respondents that the writ petition is not maintainable because their exists ..... 2.1.87 has used the words 'supervision' and not the 'supersession' while providing the guidelines for fixation of rent and licence fee for catering contract and that the learned single judge in the judgment has misread the words 'supervision' as 'supersession' and therefore has wrongly taken para 1 of ..... till such time renewal is due.' it was further decided that railways should fix the lump sum licence fee even from the contractors during existing contract which should include element of rent as well as licence fee. thus the two elements were merged into one. the whole dispute is with .....

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Mar 14 2007 (HC)

Habiban Vs. Mehboob Ali and ors.

Court : Rajasthan

Decided on : Mar-14-2007

Reported in : 2007(2)WLN209

..... s case, that condition in the notice cannot be enforced against maintaining the suit by the landlord without service of notice in terms of the contract between the landlord and tenant as that condition is not enforceable where the tenant has protection under the provisions of the rent control act and secondly ..... is helpful in holding that technicalities of notice under section 106 of the transfer of property act is different then the technicalities of notice by contract between the parties which depends upon the wordings of the condition. the requirement of notice may be a written notice or a verbal notice to ..... rajasthan and, therefore, the tenant cannot take plea that he is entitled to notice from the landlord because that is condition mentioned in the lease contract. the single bench judgment of this court delivered in the case of prakash mal v. jaswant raj soni rlw 2000(2) raj1227 stands overruled by ..... held that the restricted area under the various state rent acts has done away to a large extent with the requirement of the law of contract and the transfer of property act and further held that if this be so why unnecessarily, illogically and unjustifiably a formality of terminating the contractual ..... section 106 of the transfer of property act or after service of notice upon the tenant in terms of the condition mentioned in the lease contract, the tenant remains tenant and the landlord remains landlord till the decree for eviction is passed by the court under provisions of the act of .....

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May 08 2007 (HC)

Uma Shankar and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : May-08-2007

Reported in : 2008(1)WLN98

..... of sales being void, no title ever stood transferred to the respondent no. 5. shri mehrishi in the course of arguments sought to make a distinction between void and voidable contract for sale and argued that in view of law contained in section 42 of the act, the transaction of sale in question was void and therefore no formal declaration for ..... rlw1978 442 has although taken a view that a sale in contravention of section 42(b) of the act being forbidden by law would be void contract within the meaning of section 25 of the indian contract act and not enforceable in law. but the fact that it was a void transaction and not voidable would not make any difference as to .....

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Mar 19 2007 (HC)

United India Insurance Co. Ltd. (the) Vs. Smt. Rekha and ors.

Court : Rajasthan

Decided on : Mar-19-2007

Reported in : 2007ACJ2614; RLW2007(3)Raj2536

..... clause, this court finds itself in agreement with observations of the hon'ble gujarat high court that the insurance company could resist the claim only on the ground of no contract at all. it is noticed from the cover note ex.5 that the appellant-insurer has proceeded to issue act only policy and this 'act only' policy obviously means that ..... of the act, the division bench of hon'ble gujarat high court said,-the insurance company who is the appellant can challenge the claim only on the ground of no contract at all, i.e., no insurance, or on the above-stated grounds. it may be stated that it is not the case of the appellant that the vehicle in question ..... -obstante clause appearing in section 163a even the tortfeasor could claim compensation; and that the insurance company could contest the claim only on the ground of total absence of a contract of insurance and not otherwise. while rendering the decision in appaji's case (supra), the hon'ble karnataka high court had before it a decision of the hon'ble supreme ..... 2002(1) sc 48 to submit that 'third party' insurance does not cover the risk of passengers who are not carried for hire or reward and in absence of any contract to the contrary, it cannot be accepted that third party insurance covers the liability towards the occupants of a private vehicle. learned further submitted that the deceased himself was negligent .....

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Feb 15 2007 (HC)

Mohan Lal and anr. Vs. Dwarka Prasad and ors.

Court : Rajasthan

Decided on : Feb-15-2007

Reported in : AIR2007Raj129; RLW2007(3)Raj2656

..... property like cancellation of sale deed, gift deed or pre-emption rights etc., which rights are acquired under contracts or transactions and are different from the rights acquired by birth in the family in cases of joint h. u. f. property. the rational ..... irretrievably prejudice the interests of other coparceners, who may not be even guarantors or borrowers for such loan transaction and may not have privy of contract with the bank. this class of suits stand on a different footing from other suits in which third parties may claim right over the mortgaged ..... of the act, which was also referred to by the learned counsel at bar lays down that the provisions of this act shall not apply to contracts relating to movable properties, which is not of a great importance for deciding the present controversy.14. learned counsel for the appellants submitted that inter ..... any expenses incidental thereto, shall be recoverable from the borrower and the money which is received by the secured creditor shall, in the absence of any contract to the contrary, be held by him in trust, to be applied, firstly, in payment of such costs, charges and expenses and secondly, in ..... this act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act, 1992 (15 of 1992), the recovery of debts due to banks .....

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Mar 16 2007 (HC)

United India Insurance Company Limited Vs. Smt. Shilpa and ors.

Court : Rajasthan

Decided on : Mar-16-2007

Reported in : 2009ACJ1806; RLW2007(3)Raj2512

..... a comprehensive reading of clause (b) makes it clear that it deals with a vehicle in which passengers are carried for hire or reward or under a contract of employment; and coverage has been provided in sub-clause (i) in relation to persons other than the passengers and under sub-clause (ii) in respect ..... ; and while examining the scheme of the related provisions of the act of 1988 and the principles governing the law relating to the interpretation of the contract of insurance, have referred to and applied the following dictum from a three-judges' bench decision of the hon'ble apex court in the case of ..... even if it be considered to be a delivery van, was not meant for carriage of passengers for hire or reward or for any reason of contract of employment and it was meant for private use and for that purpose insurance coverage was obtained and was undertaken by the appellant. the appellant-insurer ..... where the vehicle was a goods vehicle; clause (b) related to a vehicle in which passengers were carried whether for hire or reward or because of a contract of employment; and clause (c) was the residuary clause dealing with all other classes of vehicles, of course, subject to the provisions of clause (d) ..... the vehicle;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance* of a contract of employment,-(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect .....

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Apr 04 2007 (HC)

Dinesh Jangid Vs. Laxmi Kant Jangid

Court : Rajasthan

Decided on : Apr-04-2007

Reported in : 2007ACJ203; 2007(4)ARBLR434(Raj)

..... property of the dissolved firm are exceptions engrafted therein and gives rights to the parties to enforce the same independent of the right arising from the contract. therefore, the parties are relieved from the prohibition created by operation of section 69. after dissolution, the partnership subsists for the purpose of completing ..... 1977]1scr853 it was held that a partner of an erstwhile unregistered partnership firm cannot' bring a suit to enforce a right arising out of a contract falling within the ambit of section 69.18. having closely analysed the ratio indicated in afore quoted judicial pronouncements, i find that the object intended by ..... have agreed for dissolution of partnership by mutual consent, the partnership stood dissolved. there is no dispute as regards the right arising from the contract of a firm. the dispute is only with regard to working out the rights flown from dissolution for settlement of accounts of the dissolved firm ..... registration of partnership firm. this section provides as under:69. effect of non-registration.--(1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person sitting as a partner in a firm ..... 1932 (for short 1932 act') provides that a partnership firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners.8. sections 46, 47 and 48 of 1932 act relate to the rights of partners and mode of settlement of account. .....

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Jul 17 2007 (HC)

Ranjeet Gayan @ Manik Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jul-17-2007

Reported in : RLW2008(1)Raj45

..... ram, ram prasad, ram swaroop and ram murti. they were having a restaurant which was being run by ram swaroop and ram murti. in november, 2001 ram murti took a contract for running a canteen in shobha nagar near national medical college achrol. appellant, who was employee of the restaurant, accompanied ram murti to help him to run the canteen. because .....

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Sep 19 2007 (HC)

Abdul Basheer (Shri) Through Lrs. and ors. Vs. Abdul Kareem and ors.

Court : Rajasthan

Decided on : Sep-19-2007

Reported in : RLW2008(2)Raj1025

..... such a claim would be barred by estoppel.10. he further submitted that the family arrangement made by their ancestor ismail khan during his lifetime at the time when he contracted his second marriage with smt. munni by giving portion of the property, namely two shops on the northern side and construction made thereon, to the descendants of the first wife .....

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