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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: rajasthan Year: 2002 Page 1 of about 32 results (0.036 seconds)

Jan 24 2002 (HC)

Lt. Col. P.L. Bawa Vs. Lt. Col. Bhawani Singh

Court : Rajasthan

Decided on : Jan-24-2002

Reported in : 2002(2)WLC670; 2002(5)WLN35

..... accepted principle of construction that the sense and meaning of the parties in any particular part of instrument may be collected. thus, in construing a contract the court must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. and, in the construction of a written instrument it .....

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Mar 18 2002 (HC)

Deendayal Vs. Smt. Harjot Kanwar and ors.

Court : Rajasthan

Decided on : Mar-18-2002

Reported in : AIR2003Raj202; RLW2003(3)Raj1450; 2003(2)WLC662; 2003(1)WLN477

..... the respondent. in fact and reasons discussed above, all the equities lie in favour of the plaintiff for grant of relief of specific performance of the contract. looking to the conduct of the defendants, they are not entitled to claim any equity in their favour. 17. in view of the above discussion, ..... place, really and in substance it was intended that it should be completed within a reasonable time. an intention to make time the essence of the contract must be expressed in unequivocal language.' therefore, submission of learned counsel has no force. 15. the learned counsel for the respondent also tried to submit ..... period which was available to the plaintiff under the agreement dated 23-11-1993. the trial court itself held that time was not essence of the contract. it appears that the sale deed was got executed in hot haste knowing it well that the plaintiff has prior right to purchase the property in ..... findings, the trial court, while deciding issue nos. 2 and 3 held that the plaintiff is not entitled for decree for specific performance of the contract and the plaintiff is entitled for only damages in view of the fact that defendant nos. 2 and 3 purchased the above plot from defendant no. ..... against defendant nos. 2 and 3 was dismissed. 3. brief facts of the case are that the plaintiff filed the suit for specific performance of the contract alleging that the plaintiff entered into agreement with defendant no. 1 by which the defendant no. 1 agreed to sell his plot no. 102 situated at .....

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Apr 11 2002 (HC)

Mutha Premraj Vs. Asstt. Commercial Tax Officer and ors.

Court : Rajasthan

Decided on : Apr-11-2002

Reported in : RLW2003(3)Raj1428; 2002(5)WLN203

..... word 'penalty' as given in the collins english dictionary such as a term of imprisonment, some other form of punishment, such as a fine or forfeit for not fulfilling a contract, loss, suffering, or other unfortunate result of one's own action, error etc., sport, games etc. a handicap awarded against a player or term for illegal play, such as a ..... their won interest, even when statute is remedial as well as penal.the word 'penalty' is not confined to punishment or crime; it has a broader meaning in law of contracts; it is used as contradistinguished from liquidated damages. it is also used to indicate the sum to be forfeited on breach of a bond, and in common parlance it expresses .....

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Apr 15 2002 (HC)

Asstt. Commissioner, Commercial Taxes (Special Circle) Vs. Sri Pipes ( ...

Court : Rajasthan

Decided on : Apr-15-2002

Reported in : RLW2003(1)Raj207; 2002(3)WLN622; 2002(3)WLN622

..... amount which flows from the purchaser to the seller which alone would form part of the turnover of the seller. any sum received dehors the contract of sale from another entity, whether it be government or anyone else, cannot be regarded as being an amount which would form part of the ..... under the fertilizer (control) order. the sale is not conditional on the central government paying any amount by way of subsidy. ....this being the contract, any other sum received by the seller-petitioners for a different purpose and not as consideration for the sale, is not part of the sale price ..... therefore, price is an essential element of a contract of sale and is ordinarily a matter of agreement between the parties. what the purchaser of the fertilizer bargains when he purchases fertilizer from the ..... stc 134, the kerala high court examined the issue of subsidy and held as under :-'sale is a bi-lateral transaction which stems out of a contract between the seller and the purchaser. an essential ingredient of a sale is price. fixation of the price is a matter of agreement between the parties.... ..... supreme court held that the provisions of the act, 1954 had to be read in consonance with the control order. it is settled legal proposition that the contract has to be read in consonance with the law and not otherwise. (vide union territory, chandigarh administration and ors. v. managing society, goswami gdsdc, .....

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May 28 2002 (HC)

Jai Drinks (P) Ltd. Vs. Cit

Court : Rajasthan

Decided on : May-28-2002

Reported in : (2002)178CTR(Raj)42

..... all those bottles and for such destruction the corporation paid him certain amount.10. clauses (3) and (4) of the letter leaves no room of doubt. it deals with the contract between the corporation and the assessee and the real object for the transaction was devising a mechanism to secure destruction of bottles by making payment thereof. no amount was payable .....

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May 28 2002 (HC)

Jai Drinks (P.) Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : May-28-2002

Reported in : [2002]258ITR645(Raj)

..... those bottles and for such destruction the corporation paid it a certain amount.17. clauses (3) and (4) of the letter leave ho room of doubt. they deal with the contract between the corporation and the assessee and the real object for the transaction was devising a mechanism to secure destruction of bottles by making payment therefor. no amount was payable .....

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May 31 2002 (HC)

Lokopkarak Pharmaceutical Works Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : May-31-2002

Reported in : RLW2003(2)Raj731

..... to improper storage, therefore, the respondents cannot be blamed, inasmuch as . m/s ganganagar sugar mills was not bound to take back such rectified spirit as it was a mere contract of sale & purchase in between them, for which it could neither be bound down nor blamed the respondents if the spirit in question having not been taken back by sugar .....

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Jul 01 2002 (HC)

Sunil Kumar Vs. Laxman Singh and anr.

Court : Rajasthan

Decided on : Jul-01-2002

Reported in : 2003ACJ1982; 2002(4)WLC271

..... observed as under:we must make it clear that there are two third parties when such transfer took place. one is a transferee who is a third party to the contract and the other for whose risk the vehicle is insured. we have no hesitation to hold that the transferee who is a third party to the ..... contract cannot secure any personal benefit under the policy unless there is a novation, i.e., the insurance company, the transferor of the vehicle, and the transferee must agree that the .....

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Jul 05 2002 (HC)

Maharao Brijraj Singh and anr. Vs. Saraswati Devi Sharma

Court : Rajasthan

Decided on : Jul-05-2002

Reported in : 2003(3)WLN16

..... prima facie case on equitable grounds. the learned trial court has failed to take judicial notice of the mandatory provisions of the specific relief act, indian contract act, transfer of property act, ulcar act, ulcar (repeal) act, referred to in earlier part of this order, as well as mandatory provisions envisaged ..... of a contractor is obtained, the seller is entitled to full enjoyment of the property. even otherwise if a decree for specific performance of a contract is obtained and no sale deed is actually executed, even then, it can also not been said that any interest in the suit property is ..... apart, as held in radhakishan v. sridhar : [1961]1scr248 and satyabrata v. mugneeram : air1954sc44 , under section 54 of the transfer of property act a contract for sale does not of itself create any interest in or charge on immovable property, because where, the parties enter into a mere agreement to sell, therefore, ..... 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.17. once section 16 ibid puts a bar to a relief in a suit for specific performance and in other words ..... plaintiff for grant of temporary injunction.section 16 of the act, 1963 reads as under:section 16, personal bars to relief:specific performance of a contract cannot be enforced in favour of a person--(a) who would not be entitled to recover compensation for its breach; or(b) who has become .....

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Jul 05 2002 (HC)

Unna Ram Vs. Smt. Geeta Devi

Court : Rajasthan

Decided on : Jul-05-2002

Reported in : 2002(4)WLC227; 2002(5)WLN713

..... not been taken away expressly by the repelling act. in the said case, the apex court considered the right of absorption of the employees working under the contract in view of the provisions of karnataka contract carriage (acquisition) act, 1976, which repelled the ordinance of 1976 with retrospective effect and the court held that even if there was any vested right of .....

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