Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2008 Page 1 of about 20 results (0.015 seconds)

May 06 2008 (HC)

Cit Vs. Shree Rajasthan Syntex Limited

Court : Rajasthan

Decided on : May-06-2008

Reported in : (2008)217CTR(Raj)209; [2009]313ITR231(Raj); [2009]178TAXMAN33(Raj)

..... , condition, durability or suitability of said machinery, in any respect. then, sub-clause (h) of clause 9 is regarding obligation of the lessee to pay rent in time during the contract period, regardless of fact, as to whether the machinery is under repair, or is otherwise not working. then clause 10 is about obligation of the lessee to keep the machinery ..... hiring or a sale or a hire purchase. the court said (p.445):it is well-settled that a mere contract of hiring, without more, is a species of the contract of hiring, without more, it a species of the contract of bailment, which does not create a title in the bailee, but the law of hire purchase has undergone considerable development during ..... the hirer to use, for a temporary period, the machinery so hired. in the case of damodar valley corporation v. the state of bihar : [1977]1scr118 , this court examined the contract under which the machinery and equipment was supplied by the corporation to the contractors. the question was whether it was a mere ..... to categories, and it becomes a question of some nicety as to which category a particular contract between the parties comes under.we need not dwell on the niceties of a hire purchase contract between the parties of a hire purchase contract since we are concerned only with contracts of hire simpliciter.26. with this, it is required to be considered, that the basic .....

Tag this Judgment!

May 06 2008 (HC)

Sohan Lal Pungaliya Vs. the Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-06-2008

Reported in : 2008(3)WLN272

..... in not completing the work in time. there was no referable dispute to arbitrator. thus, the application is not sustainable. it was also stated that under the provisions of the contract only railway personnel could be appointed as an arbitrator. learned counsel for the respondent placed reliance on the decision given in the case of union of india v. krishna kumar ..... from the responsibility arising out of the contract. it was urged that as the appointment of arbitrator has not been made, therefore, now they have abondoned their all rights to proceed with the matter. learned counsel for ..... 5. learned counsel for the applicant stated that before filing application for appointment of independent arbitrator, the applicant had moved to the concerned authority under the relevant provisions of the contract to appoint arbitrator but no heed was given to his request and reasonable time has elapsed. the concerned authority on the contrary started recovery proceedings on baseless grounds to save ..... to expire as there was inaction on the part of the railways but contrary to that the railways vide its notice dt. 25.01.1997 (annex.9) rescinded the contract with immediate effect and intimated the contractor that as the contractor had failed to discharge the contractual obligations and complete the work within the stipulated time, therefore, as per terms .....

Tag this Judgment!

Apr 08 2008 (HC)

Cobra Instalaciones Y Servicios, S.A. Vs. Rajasthan Rajya Vidyut Prasa ...

Court : Rajasthan

Decided on : Apr-08-2008

Reported in : RLW2008(3)Raj2757

..... detriment of public interest. undisputeldy, the legal position which has been firmly established from various decisions of this court, cited at the bar (supra) is that government contracts are highly valuable assets and the court should be prepared to enforce standards of fairness on government in its dealings with tenders and contractors.27. in directorate of education ..... company which constituted state under article 12 of the constitution may be in certain circumstances subject to article 14 of the constitution in entering or not entering into contracts and must be reasonable and taken only upon lawful and relevant consideration, it depends upon facts and circumstances of a particular transaction whether heating is necessary and reasons ..... proforma.(b) ...3.2 to be qualified for award, bidders shall provide satisfactory evidence to the owner of their capability and adequacy of resources to carry out the contract effectively. bids shall include the following information:(a) copies of original documents defining the constitution or legal status, place of registration and principal place of business, written power ..... treatment.(5) whether the respondent has adopted reasonable, just and fair procedure in opening the technical bid as well as price bid and further initiated process to award the contract to m/s. tata projects, hyderabad or. adopted unreasonable, unfair, arbitrary and unjust procedure which has resulted in disqualifying the petitioner-company to participate in the price .....

Tag this Judgment!

Aug 12 2008 (HC)

Promuk Hoffman International Ltd. Vs. State of Rajasthan ors.

Court : Rajasthan

Decided on : Aug-12-2008

Reported in : RLW2009(1)Raj216

..... on the basis of the judgment of the supreme court it was decided that the principle of natural justice in totality will not apply in contract matters but the principle of reasonableness and fairness will apply. the compliance of the said principle of reasonableness and fairness is reflected from the ..... .in the aforesaid judgment, no law has been laid down that the communication of the reasons is necessary.30. in the present case, the contract will not be governed by any statute. however, the principle of arbitrariness has been inducted by interpreting article 14 of the constitution of india, ..... court of appeal but merely review the manner in which the decision was taken.2. the government or corporation or the government company have freedom of contract but a reasonable, just and fair procedure is to be adopted. the said principles have been referred in ramanna dayaram shetty : (1979)iillj217sc , ..... be made the basis even for withdrawal of the letter of intent. counsel further submits that the intervener company has been rightly awarded the contract.13. i have gone through the record of the writ petition and further considered the rival submissions of counsel for the parties and the intervener ..... was allowed to intervene in the matter. it is also further relevant to mention here that the tender process has not been finalized by awarding contract in favour of the intervener because of the pendency of this writ petition.9. submission of mr. paras kuhad, counsel for the petitioner company, .....

Tag this Judgment!

Feb 29 2008 (HC)

Hindustan Zinc Ltd. Vs. Commercial Taxes Officer

Court : Rajasthan

Decided on : Feb-29-2008

Reported in : RLW2008(3)Raj2426

..... the learned counsel for the petitioner is that since the explosives were consumable commodity in the hands of the petitioner and the said explosives have been consumed in the works contract, therefore, the transaction cannot be a sale.24. the learned counsel for the petitioner, tried to draw distinction between the goods which are transferred to contractor and which are ..... orders.11. substantially the facts are not in dispute and which may be recapitulated here again, that the petitioner-company in its regular course of business, awarded mining works contract to the contractors and supplied various goods to the contractors and we are concerned with the supply of explosives to the contractors by the petitioner-company in these matters. the ..... the explosives in petitioner's own mining operation. the explosives exhausts in the mining operation and after its use nothing remained in the hands of the contractor. as per the contract between the petitioner and its contractor, the contractor could have used the explosives within the mining field of the petitioner and that too, under the strict control and supervision ..... . the company engaged in manufacture of lead, zine and allied metals and it has is own mines. in the regular course of business, the petitioner company awarded various mining contracts to the contractors wherein cement and steel are required to be used. the petitioner company is required to use explosives for winning minerals from its mines. this operation includes explosions .....

Tag this Judgment!

Sep 05 2008 (HC)

Anukampa Avas Vikas Pvt. Ltd. and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Sep-05-2008

Reported in : RLW2009(3)Raj2295

..... sense of voidable and resort must be had to the rules of construction in many cases to determine in which sense the legislation intended to use it. an act or contract neither wrong in itself nor against public policy, which has been declared void by statute for the protection or benefit of a certain party, or class of parties, is voidable ..... sense of voidable and resort must be had to the rules of construction in many cases to determine in which sense the legislature intended to use it. an act or contract neither wrong in itself nor against public policy, which has been declared void by statute for the protection or benefit of a certain party, or class of parties, is voidable ..... it; voidable when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it.a contract is void which is destitute of all legal effect, while a voidable contract is one which may be affirmed or rejected at the will of one of the parties.void means that an instruments or transaction is .....

Tag this Judgment!

Jan 10 2008 (HC)

Union of India (Uoi) and ors. Vs. Smt. Shamim and ors.

Court : Rajasthan

Decided on : Jan-10-2008

Reported in : 2009ACJ2785; AIR2008Raj99

..... or retention by one person of a sum of money belonging to or owed to another. in its narrow sense, 'interest' is understood to mean the amount which one has contracted to pay for use of borrowed money.... in whatever category interest' in a particular case may be put, it is a consideration paid either for the use of money or .....

Tag this Judgment!

Apr 29 2008 (HC)

Pustimargiya Tritiya Peeth Pranyas Shri Dwarkadheesh Mandir and ors. V ...

Court : Rajasthan

Decided on : Apr-29-2008

Reported in : AIR2009Raj9; RLW2008(4)Raj3277

vineet kothari, j.1 this writ petition has been filed under article 227 of the constitution of india by the defendant shri pustimargiya tritiya peeth pranyas shri dwarkadheesh mandir, kankroli against the order of the learned trial court dated 31.5.2007 whereby the learned trial court while rejecting the application of the plaintiff to tape record the cross-examination of the defendant witnesses, however, directed the defendants witnesses to be produced in the court for recording of their sample voice to match it with the voice recorded during the course of plaintiffs' witness by the court in the form of tape recorded voice and to obtain the expert's opinion thereon.2. since the case pertains to a suit for specific performance based on an oral agreement, the plaintiff produced tape recording of the conversation between the plaintiff and the defendant on issue no. 1 about existence of oral agreement between the parties. the application filed by the plaintiff was considered by the trial court at the stage when the plaintiff's evidence was closed and the defendant's witnesses had produced their affidavits in defence on which cross-examination was to take place. the learned trial court rejected the said application of the plaintiff on the ground that there was no provision in the civil procedure code for recording of the evidence of the defendant's witnesses or their cross-examination and in the absence of any such provision such application could not be allowed. however, the .....

Tag this Judgment!

May 07 2008 (HC)

Rajasthan State Mines and Minerals Ltd. Vs. Union of India (Uoi) and o ...

Court : Rajasthan

Decided on : May-07-2008

Reported in : RLW2009(1)Raj46

..... of the arguments that the provisions providing penalty for over-loading of coal wagons in any way violates any provision of the constitution. moreover, once the petitioners enter into a contract to use the railway wagons for loading of coal incorporating therein all the rules of railways tariff as one of the conditions it becomes obligatory on the part of the ..... single judge of jammu and kashmir high court dealing with the similar controversy held in para 7 as under:since the consignor bound by railway goods tariff under a private contract too should avoid overloading the wagons, he could not resist the railway's claim at penal rate in case of breach on the ground that the rules were ultra vires ..... of imagination can be said to be a ban or restriction on movement. similarly when the coal merchants while engaging the coal wagons enter into a contract accepting the goods tariff as part of the contract, it loses its statutory character and cannot be assailed on the ground that any such condition is ultra vires the provisions of the constitution.rules of ..... petitioners to strictly follow the conditions of the contract, failure of which is not justiceable in the writ petitions, as the same becomes pure and simple part of the contract for which the proper forum is not the writ petitions under article 226 of the constitution, but lies elsewhere under .....

Tag this Judgment!

Feb 27 2008 (HC)

Dev Ganga Enterprises Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-27-2008

Reported in : RLW2008(2)Raj1697

..... 61 did not alter the position and since the word 'royalty' did appear in rule 61, the contention of the respondent - department that rule 61 did not apply to the contract in the present case was not sustainable. therefore, he submitted that levy of interest for alleged delay in payment of monthly installments was unjustified. in the alternative, he submitted that ..... within 10 days in advance as stipulated, such grace period was lost and interest right from the day one would become leviable as per terms of clause 11 of the contract and interest @12% was therefore, rightly charged from the plaintiff - appellant. he, therefore, prayed that the appeal against the rejection of suit filed by the plaintiff - appellant deserves to ..... appellant. however, when the respondent - department demanded interest of rs. 18,46,899/-from the appellant - plaintiff on account of alleged delay in payment of monthly installments under the said contract, the plaintiff filed the aforesaid suit challenging the said levy of interest, which however, came to be rejected by the learned trial court as aforesaid. 3. the learned counsel for ..... the contractor at the rate specified in the first schedule to the rajasthan minor mineral concession rules, 1986.and whereas the contractor has further undertaken to pay increased amount of contract money, security and guarantee in proportion to the enhancement in the rate of royalty due to amendment in the first schedule to the rajasthan minor mineral concession rules, 1986 for .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //