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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2009 Page 1 of about 11 results (0.015 seconds)

Jun 29 2009 (HC)

Jagdish NaraIn Through Lrs. Vs. Rawal Rajeshwar Singh Through Lrs.

Court : Rajasthan

Decided on : Jun-29-2009

Reported in : RLW2010(1)Raj491

..... , as has been discussed here-in-before, this is a not a suit for determination of the right of the parties and ownership but based upon the privity of the contract of tenancy and filed under the act of 1950 and it has been found proved by both the courts below that defendant was the tenant of the plaintiff rawal rajeshwar ..... of title cannot be gone into because the suit of the plaintiff would be dismissed even if he succeeds in proving his title but fails to establish the privity of contract of tenancy. in a suit for eviction based on such relationship the court has only to decide whether the defendant is the tenant of the plaintiff or not, though the ..... . the trial court after detailed discussion of the evidence led by both the parties arrived at a conclusion that defendant hari narayan was tenant and there was a privity of contract of tenancy in between the plaintiff rawal rajeshwar singh and the defendant hari narayan sharma in regard to the property in question. it was further held by the trial court ..... to a question of law.19. per contra, learned counsel for the respondents argued that proof of title is not germane in a suit for eviction and only privity of contract between landlord and tenant is required to be proved coupled with the grounds of eviction provided under the rajasthan premises (control of rent & eviction) act, 1950 (in short the act .....

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Apr 28 2009 (HC)

Vishram Jetha and Sons Vs. Smt. Sheraj Bai and ors.

Court : Rajasthan

Decided on : Apr-28-2009

Reported in : 2009(3)WLN170

..... of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3) nothing in this section shall be construed as preventing a workman from recovering ..... claimants in case the contractor fails to pay compensation. depending upon the terms of the contract, the principal employer has been given liberty to recover such compensation from the contractor and sub-section (2), therefore, talks of the principal employer ..... of employment is joint and several of the contractor as well as principal employer in case where the work in question has been given on contract to a particular contractor. the liability to pay compensation has been extended upto the principal employer also in order to avoid hardship to the ..... , the principal employer i.e. railways would be liable to pay said compensation as the appellant-contractor was merely a contractor executing the said works contract for the railways and therefore, on the death of the workman, the said principal employer would be liable to pay such compensation. he however, ..... of death of her son mukhtyar hussain alias guddu while he was working on 28.07.1988 as workman in the course of execution of works contract by the appellant-contractor for the railways.2. the claimants lodged a claim of rs. 6,32,000/- before the compensation commissioner and after .....

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Apr 13 2009 (HC)

Shiva Corporation India Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-13-2009

Reported in : RLW2009(3)Raj2582

..... under the terms and conditions cannot be permitted to raise voice that it quoted lesser price bid than the price bid quoted by the tenderer in whose favour ultimately the contract was awarded. the respondents were well within their jurisdiction to assess the suitability of the tenderer in public interest and,' if the petitioner company was, at the threshold, ..... was found ineligible before opening the technical bid, therefore, its technical bid was not opened. in this view of the matter, the petitioner company cannot claim the entitlement of contract on the basis of experience acquired by one of its directors shri ashok chandak. therefore, this argument of the petitioner company has no force of law that the company ..... today no official communication has been received for rejection of the petitioner's technical bid.12. learned counsel for the petitioner vehemently argued that the private respondent has been awarded contract for last more than 12 years and is obviously favoured contractor of the respondents and, therefore, the petitioner has been arbitrarily and illegally ousted from the tender proceedings. in ..... lacking experience in mechanical wagon loading but this reason assigned by respondent no. 2 is bereft of any foundation. the petitioner company has already undertaken similar work under the contract granted by rsmml where the petitioner by the use of hydraulic excavator and executed the work. it is contended by learned counsel for the petitioner that non-communication of .....

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Sep 29 2009 (HC)

The State of Rajasthan and anr. Vs. Smt. Rekha Mahawar and ors.

Court : Rajasthan

Decided on : Sep-29-2009

Reported in : RLW2009(4)Raj3201

..... eil at new delhi; that those would be scrutinised at new delhi and that a final decision whether or not to award the contract to the tenderer would be taken at new delhi. of course, the execution of the contract work was to be carried out at hazira in gujarat. therefore, merely because nicco read the advertisement at calcutta, submitted the offer ..... little, that the high court of calcutta should have exercised jurisdiction in a case where it had absolutely no jurisdiction. the contracts in question were executed at aligarh, the construction work was to be carried out at aligarh, even the contracts provided that in the event of dispute the aligarh court alone will have jurisdiction. the arbitrator was from aligarh and was ..... companies act where the registered office of the company is situated;(ix) in contractual matters, where the work under the contract in question has to be executed. the cause of action in such cases does not arise at the place where contract has been signed or letter correspondence etc. is addressed.(x) in residue civil matters e.g. civil writ petitions under .....

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Apr 02 2009 (HC)

State of Rajasthan Vs. Maharana of Mewar Charitable Foundation

Court : Rajasthan

Decided on : Apr-02-2009

Reported in : RLW2010(1)Raj116

..... ' was given free of cost to the state government, the provisions of section 53-a of the transfer of property act would not apply and as there was no written contract between the parties in respect to these two properties the said issue no. 2 was also decided in favour of plaintiffs. since the substantial question of law framed for determination .....

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May 29 2009 (HC)

Kusum Agrotech Ltd. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : May-29-2009

Reported in : RLW2009(4)Raj3162

..... ) any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue officer.explanation.--a document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital .....

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Aug 03 2009 (HC)

The New India Assurance Co. Ltd. Vs. Smt. Bidami and ors.

Court : Rajasthan

Decided on : Aug-03-2009

Reported in : RLW2009(4)Raj3226; 2009(3)WLN420

..... claimants. since two different forums are provided under two independent legislations and such compensation is claimed from two different persons and insurance companies reimburse such claims under two different insurance contracts, there is no conflict between the two and doctrine of election does not apply in such cases. there is no question of same person being vexed twice over in ..... cannot claim any deduction or set off of the compensation already paid to the claimants under the award of the motor accident claims tribunal, which was paid under a separate contract by the tortfeasor. had the tortfeasor before mact and workman compensation commissioner been the same person, namely the employer and owner of truck which pappuram, deceased was driving, the ..... if separate compensation under motor vehicles act is also given to such claimants. such two sets of compensation if provided by two separate legislations against different persons under different contracts of insurance enures to the benefit of the claimants, there is no prohibition in law nor it can be said to be amounting to unjust enrichment or unfair and ..... from death means pecuniary advantage coming under all forms of death then it will include all the assets movable, immovable, shares, bank accounts, cash and every amount receivable under any contract. in other words, all heritable assets including what is willed by the deceased, etc. this would obliterate both, all the possible conferment of economic security to the claimant by .....

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Jan 21 2009 (HC)

Adesh Saint Vs. Dr. Pramod Bhatnagar

Court : Rajasthan

Decided on : Jan-21-2009

Reported in : RLW2009(4)Raj3065

..... where he is exercising a statutory right and not less than when he is exercising any other right. the word agent has been defined in section 182 of the indian contract act as a person employed to do any act for another or to represent another in dealing with the third person the person for whom such act is done or .....

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May 04 2009 (HC)

Bhag Chand Vs. A.D.J. No. 5 and ors.

Court : Rajasthan

Decided on : May-04-2009

Reported in : AIR2009Raj178; RLW2009(3)Raj2081

orderdalip singh, j.1. the questions for consideration which have been referred to the larger bench for decision are as follows:(1) whether section 29 of the rajasthan rent control act, 2001 has its overriding effect on section 32(3)(a) of the rajasthan rent control act, 2001;(2) whether the suits, applications and other proceedings relating to fixation of standard or provisional rent under sections 6 and 7 of the rajasthan premises (control of rent and eviction) act, 1950, which have been saved by section 32(3) (a) of the rajasthan rent control act, 2001, will be. governed by the provisions of the old act of 1950, after coming into force of the new act of 2001 or will be governed by the provisions of the new act of 2001 as sections 6 and 7 of the act of 1950, having been impliedly repealed, by virtue of section 29 of the new act of 2001 as held by the division bench in kamal kishore's case (supra)?2. the background in which these questions arise are that a writ petition was filed by the defendant-tenant against whom an order dated 29.01.2004 was passed determining the provisional rent under section 7 of the rajasthan premises (control of rent and eviction) act, 1950 as rs. 1,600/- enhancing the rent from rs. 400/- per month which was being paid by the defendant-tenant-petitioner. the defendant-tenantpetitioner challenged the aforesaid order dated 29.01.2004 in appeal. the learned additional district judge no. 5, kota hearing the appeal dismissed the appeal by the judgment .....

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Jun 29 2009 (HC)

Rajendra Kumar and ors. Vs. A.D.J. and ors.

Court : Rajasthan

Decided on : Jun-29-2009

Reported in : RLW2010(1)Raj39; 2009(3)WLN113

..... the provisions as contained in section 16 of the act makes it absolutely clear that notwithstanding anything to the contrary in the act of 1950 or any other law or contract, a right has been given to the landlord who had been a member of the armed forces of the union, his war widow, or his other legal representative to obtain ..... compensation by tenant where the landlord exercises the rights conferred by sub-section (1) and of adjustment/refund of the excess rent, if received in relation to unexpired portion of contract; sub-section (14) that permits transfer of the application moved by the landlord to and from an additional district magistrate; and sub-section (15) that makes the provision for the ..... recover immediate possession in certain cases- (1) notwithstanding anything to the contrary contained in this act or in any other law for the time being in force or in any contract or usage, a landlord who was a member of the armed forces of the union, his war widow or his other legal representatives shall, on an application being made in .....

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