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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Year: 2014 Page 1 of about 12 results (0.015 seconds)

Oct 14 2014 (HC)

M/S. K.B. Co-op. Art Vs. State and ors

Court : Rajasthan Jodhpur

Decided on : Oct-14-2014

..... .e., in dresser rand s.a. s case (supra), relates to foreign awards (recognition and enforcement) act (no.45 of 1961) and not a general contract under the indian contract act or a contract entered into by the state or its instrumentality under article 299 of the constitution. therefore, in the backdrop of the facts and circumstances of the instant case ..... not have, been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a [33]. period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings; (e) not have a ..... corporation ltd.) on the other hand contended that no arbitration agreement had been executed between the parties and the correspondence between the parties did not bring about any enforceable contract between the parties, because the fundamental conditions of the terms of the bargain were neither agreed upon nor fulfilled by the parties. this court accepted the contention by ..... , relying on same, the respondent has pleaded that rejection of technical bid of the petitioner was a just decision warranting no interference. highlighting its credentials to win the contract, fourth respondent has pleaded in the return that entire process was transparent and fair and on objective evaluation of technical bid it has been declared qualified for opening of .....

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Nov 21 2014 (HC)

Hitesh Parihar Vs. State and Ors

Court : Rajasthan Jodhpur

Decided on : Nov-21-2014

..... petitions preferred by the petitioners assailing their termination from service, claiming continuance/re-employment as vidhyarthi mitra and against the insistence of the government for execution of the fresh contract, are dismissed. the vidhyarthi mitra scheme introduced by the state government for engagement of 'vidhyarthi mitra' on contractual basis on fixed honorarium against the posts of teachers gr ..... appointment may be made by the appointing authority on urgent temporary basis for a period not exceeding six months provided that such person shall be appointed only on contract basis with prior approval of the district establishment committee in case of panchayats and approval of the state government in case of panchayat samiti/zila parishad. besides, as ..... appointed as 'vidhyarthi mitras', in the school of elementary education and the schools of secondary education on the vacancies of teacher gr.iii, senior teachers and lecturers on contract for specified period, awaiting regular appointment by the state government and panchayats in the vacancies.3. a large number of writ petitions were filed by vidhyarthi 2 mitras ..... bhati, government counsel for the respondents (reportable) by the court (per hon'ble sunil ambwani, actg.cj) 1. the appellant-petitioner was engaged as 'vidhyarthi mitra', on contract in the year 2006 and thereafter to teach the students in government primary school, chhipi, district jalore. his services were dispensed with on completion of three months, after which, .....

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Jan 21 2014 (HC)

The Ganganagar Sugar Mills Vs. M/S Momanchand Phool Chand

Court : Rajasthan Jodhpur

Decided on : Jan-21-2014

..... be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein. explanation. - a person who enters into a contract with government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. . while the provision of ..... the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. explanation. - a stipulation for increased interest ..... against the terms of agreement as contained in exhibit a/2 as under the said agreement in case of any non-fulfillment of the condition of the contract, the penalty as indicated in the agreement was to be paid by the supplier. admittedly, the goods were supplied beyond the period stipulated in the ..... seeking set-of under various heads and a counter claim seeking recovery of penalty of rs.54,379.46 p. based on the stipulation in the contract. after framing issues, parties led evidence and after hearing, the trial court upheld the claim of the plaintiff to the extent of rs.13,999.40 ..... plaintiff was required to supply 'mahua flowers.to the tune of 25000 quintals between the date of agreement and 15.06.1972. the supply under the contract having come to an end, the plaintiff 2 respondent filed a suit for recovery of rs.57,320.51 p. under various heads. a written .....

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Jul 01 2014 (HC)

M/S Trimurti Constructions Vs. V.C.Mpuat and anr

Court : Rajasthan Jodhpur

Decided on : Jul-01-2014

..... by the standing committee is not having that binding effect, that must be needed for an arbitral award. clause 23 of the conditions of contract also not mentions any procedure as required for arbitral proceedings in consonance with the provisions of chapter v of the act of 1996. in such ..... jurisdiction over the place, where the agreement is executed and by no other court, after completion of the proceedings under clause 23 of the contract. this fact clearly indicates that the decision of the standing committee can be challenged by way of availing appropriate remedy before a civil court. ..... necessarily, thus, the mandatory need of acting judiciously by the committee is conspicuously absent. pertinent to notice here that clause 51 of the contract provides that in the event of any dispute arising between the parties in respect of any of the matters comprised in the agreement shall be ..... 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 obligation of the parties, as the result of such termination, ..... 13.06.2011. suffice to mention here that the applicant, a contractor with the public works department in aa . class, entered into a contract with the respondent maharana pratap university of agriculture and technology for construction of university girls hostel mpuat, udaipur .the work in pursuant to the work .....

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Feb 03 2014 (HC)

Mangal Singh Vs. Champa Lal

Court : Rajasthan Jodhpur

Decided on : Feb-03-2014

..... was not willing to make payment of amount within specified time without fulfillment of some conditions, which was contrary to agreement, the purchaser was not entitled to specific performance of contract. the said judgment has been followed in the case of balasaheb dayandeo naik (supra) and smt. swarnam 17 ramachandra (supra) cited by learned counsel for the respondent. in the ..... to dismiss the suit. it is also clear that readiness to perform must be established throughout the relevant points of time. readiness and willingness . to perform the part of the contract has to be determined ascertained from the conduct of the parties. . 15 it is also significant to notice that despite introducing condition, which was not agreed between the parties on ..... the defendant or to deposit in court any money except when so directed by the court; (ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction. 8.1 among the three sub-sections, we are more concerned about sub-section (c). readiness and willingness . is enshrined in clause (c) which ..... 16.08.1980 and thereafter, however the sale deed was not executed; from the tenor and conduct of the parties, it cannot be said that time was essence of the contract. reliance was placed on judgments in balasaheb dayandeo naik v. appasaheb dattatraya pawar : air2008sc1205and 6 smt. swarnam ramachandra v. aravacode chakungal jayapalan : air2000bombay 410 in support of the contentions. .....

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Jul 16 2014 (HC)

Khubdan Vs. State and ors

Court : Rajasthan Jodhpur

Decided on : Jul-16-2014

..... pre- cisely the basis for this entire litigation. although petitioner has alleged in the writ peti- tion that mr.hukam singh has filed a suit for specific perfor- mance of contract and injunction against petitioner and re- spondent no.2 to 4 but in want of material particulars about the said suit, at this stage, no comments are desirable from this .....

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Jun 30 2014 (HC)

Smt.Gendkanwar and ors Vs. Bhanwarlal

Court : Rajasthan Jodhpur

Decided on : Jun-30-2014

..... of section 14 of the act shows that the law has imposed restrictions on the recovery of possession of any premises by landlord from a tenant notwithstanding any law or contract to the contrary. however, an order for recovery of possession is permissible on one or more of the specified grounds. one such ground is the premises let for residential purposes .....

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Jan 03 2014 (HC)

Mst. Ranjana Pandey and ors Vs. Iqbal and ors

Court : Rajasthan Jodhpur

Decided on : Jan-03-2014

..... 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 recours.of by the tribunal and be extended to claims and defences of insurer against insured by, relegating them to .....

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Dec 19 2014 (HC)

Ambuja Cements Ltd. and Anr Vs. State and Ors

Court : Rajasthan Jodhpur

Decided on : Dec-19-2014

..... general principle, the obligation to do justice rests upon all persons, natural and artificial; if one obtains the money or property of others without authority, the law, independently of express contract, will compel restitution or compensation. . 158. while section 3 (unjust enrichment) reads as under: the phrase "unjust enrichment" is used in law to characterize the result or effect of a ..... . remedies now depend on the substance of the right, not on whether they can be fitted into a particular frame-work. the right here is not peculiar to equity or contract or tort, but falls naturally within the important category of cases where the court orders restitution if the justice of the case so requires. . 46 156. the above principle has ..... retaining the money of, or some benefit derived from another which it is against conscience that he should keep. such remedies in english law are generically different from remedies in contract or in tort, and are now recognized to fall within a third category of the common law which has been called quasi ..... -contract or restitution. . 155. lord denning also stated in nelson v. larholt as under: (kb p.343) ..it is no longer appropriate, however, to draw a distinction between law and equity. .....

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Nov 26 2014 (HC)

Bhanwar Lal Vs. State and anr

Court : Rajasthan Jodhpur

Decided on : Nov-26-2014

sbcwp no.1211/2014 bhanwar lal vs. state & ors. a/w 6 connected matters judgment dt:26/11/2014 1/83 in the high court of judicature for rajasthan at jodhpur judgment (i) bhanwar lal vs. state of rajasthan & ors. s.b.civil writ petition no.1211/2014 (ii) rajendra prasad gora vs. r.p.s.c. s.b.civil writ petition no.6249/2014. (iii) tara chand & ors. vs. r.p.s.c. s.b.civil writ petition no.6250/2014 (iv) ravindra mohan sharma vs. r.p.s.c. s.b.civil writ petition no.6252/2014. (v) balwant singh vs. r.p.s.c. s.b.civil writ petition no.6253/2014. (vi) joga ram & ors. vs. r.p.s.c. s.b.civil writ petition no.6254/2014. (vii) lokendra kumar charoria vs. state & anr. s.b.civil writ petition no.6255/2014. date of judgment :26. h november, 2014 present hon'ble dr.justice vineet kothari reportable mr.sanjeev prakash sharma, senior advocate with mr. gaurav sharma, ]. mr.a.k.choudhary, ]. for the petitioners. mr.mahaveer pareek ]. mr. n.l.verma ]. mr. j.p.joshi, sr. advocate with mr. siddharth joshi, ]. mr. khet singh, ]. for the respondent rpsc dr. a.a.bhansali, ]. mr. h.s.choudhary ]. for the respondents. mr. mukesh rajpurohit, ]. mr. sushil kumar bishnoi ]. for the applicants. by the court: sbcwp no.1211/2014 bhanwar lal vs. state & ors. a/w 6 connected matters judgment dt:26/11/2014 2/83 1. whether scaling, a statistical tool for evaluation of marks, could be applied to the ras examination, 2012 conducted by the rpsc and if in law it could so applied, whether it was rightly applied to .....

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