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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: rajasthan Page 6 of about 943 results (0.028 seconds)

Sep 05 2006 (HC)

State Bank of Bikaner and Jaipur and anr. Vs. Food Corporation of Indi ...

Court : Rajasthan

Reported in : RLW2006(4)Raj3225

..... mobilization loan from the contractor under the contract.having referred the above expression, the apex court held as under:. the bank guarantee thus could be invoked only in the circumstances referred to ..... object, but these expressions are immediately qualified by following:.in the event that the obligations expressed in the said clause of the above mentioned contract have not been fulfilled by the contractor giving the right of claim to the employer for recovery of the whole or part of the advance ..... contractor giving the right of claim to the employer for recovery of the whole or part of the advance mobilization loan from the contractor under the contract.12. in para 12 of the judgment, the apex court observed:where the bank, in the above guarantee, no doubt, has used the expression ..... (supra), relied upon by mr. soral, learned counsel for the appellant, the bank guarantee was furnished in terms of clause 9 of the principal contract between the parties. to make a distinction between the two bank guarantees, one in the instant case and another in the above case before the apex ..... bihar and ors. : air1999sc3710 .7. per contra, mr. j.p. goyal appearing for the respondent has vehemently contended that there was clear breach of contract by the rajasthan agro industries, thereby causing loss of more than rs. two lacs to the plaintiff food corporation of india and therefore the defendant bank extending .....

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Sep 05 2006 (HC)

Arvind Kumar Joshi Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2006(4)Raj3149

mohammad rafiq, j.1. this writ petition has been filed by shri arvind kumar joshi who is a blind person. he is presently working as teacher gr. iii in government upper primary school, police line, jodhpur. having accepted the challenge of life in a determined manner, he acquired the qualification of m.a. in first division and b.ed, in good second division. he with deep desire to achieve success in life strived to over come the deficiency inflicted upon him by cruel hands of destiny. having secured the employment as teacher gr. ill he did not remain content and still yearned for progress in life.2. in response to the advertisement no. 2/2001-2002 issued by the rajasthan public service commission (for short 'the r.p.s.c') the petitioner applied for appointment on the post of school lecturer (hindi). the r.p.s.c. advertised 339 posts of school lecturers (hindi). the petitioner was the only candidate who applied in response to the said advertisement against the posts of school lecturers (hindi) claiming reservation under the category of blinds. the r.p.s.c. issued to him admission card for appearing in the screening test conducted on 12th may, 2002. a copy of the admission card placed on record as annexure 2 reveals that the category of the petitioner was mentioned as 'bl', which is the short form of 'blind'. when the result of the screening test was declared on 12.9.2001, the petitioner was shocked to find that he has been declared fail.3. since there was reservation of 3% for .....

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Aug 10 2006 (HC)

Bakemans Ind. Pvt. Ltd. Vs. State and ors.

Court : Rajasthan

Reported in : RLW2006(4)Raj3104

..... .14. from a bare perusal of the aforesaid judgment, it is clear that in that case, the hon'ble supreme court quashed the proceedings on the grounds that breach of contract would amount to cheating only if the intention to cheat was existing at the very inception. if such intention is developed later on, the same would not amount to cheating ..... subsequently, a culpable intention right at the beginning, that is, when he made the promises cannot be presumed. a distinction has to be kept in mind between mere breach of contract and the offence of cheating. it depends upon the intention of the accused at the time of inducement. the subsequent conduct is not the sole test. mere breach of ..... contract cannot give rise to criminal prosecution for cheating unless fraudulent, dishonest intention is shown at the beginning of the transaction. the substance of the complaint is to be seen. mere ..... moving the consumer forum in relation to the claim of rs. 4,20,000. it is well settled that every breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any deception played at the very inception. if the intention to cheat has developed later .....

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May 22 2006 (HC)

Bhagwati Enterprises Vs. Rajasthan State Road Transport Corporation an ...

Court : Rajasthan

Reported in : AIR2006Raj233

..... submit bank guarantee and the samples. thereafter pseb appointed arbitrator before whom claim of rs. 48,61,458/- for the alleged breach of contract was made. considering the above facts their lordships of the supreme court held the offer made by iml was subject to their own terms ..... . ltd. air 1934 all 298 it was held that where by the absolute and unequivocal acceptance of an offer a binding contract has come into existence between the parties, the non-execution of a formal document cannot absolve the parties of their engagement.15. in india meters ltd ..... air1951all93 wherein it was observed that theory of offer and acceptance has received statutory recognition in india so that every transaction to be recognised as a contract, must, in its ultimate analysis, resolve itself into a proposal and its absolute and unqualified acceptance.14. in muhammad sultan v. clive insurance co ..... to will in fact go through, the non-execution of such a document will not affect the finality and the binding character of the contract already concluded between them.13. full bench of allahabad high court had occasion to consider the concept of offer and acceptance in deep chandra ..... applicant.4. in preliminary objections raised on behalf of rsrtc it is contended that the application seeking appointment of arbitrator is not maintainable because contract between the applicant-firm and rsrtc has not yet been concluded and no dispute can be alleged by the applicant in regard to the agreement .....

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Apr 18 2006 (HC)

Tija Devi Vs. Girdhari Singh and ors.

Court : Rajasthan

Reported in : 2007ACJ1998

dinesh maheshwari, j.1. the petitioner, claimant in m.a.c. case no. 104 of 1999 before the motor accidents claims tribunal, ratangarh, has submitted this writ petition against the order passed by the tribunal on 1.6.2005 closing her right to lead evidence.2. it appears from the order-sheets placed on record that the claim application was originally submitted by one lichhma, daughter-in-law of the petitioner, claiming compensation on account of death of her husband bhanwarlal (son of the petitioner) in a vehicular accident. it further appears that the said claimant lichhma, also expired issueless on 16.1.2003. the petitioner has thereafter been transposed as claimant by the order dated 25.2.2004.3. the tribunal found on 1.6.2005 that the case was pending since the year 1999 and issues were framed on 29.5.2002 and despite extending several opportunities and despite granting last chance on 16.2.2005, the claimant still failed to adduce evidence and, therefore, evidence was required to be closed.4. assailing the order dated 1.6.2005, the learned counsel for the petitioner has strenuously contended that a look at the order-sheets of the case makes it apparent that on substantial number of occasions, the matter has been adjourned for no fault of the petitioner, that even after granting of the last opportunity on 16.2.2005, next two dates were adjourned for the lawyers not attending to work and in the overall circumstances of the case, the tribunal was not justified in closing the .....

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Mar 28 2006 (HC)

Oriental Insurance Co. Ltd. Vs. Mohan Kanwar and ors.

Court : Rajasthan

Reported in : 2007ACJ420

..... (supra).31. the only contention raised before the hon'ble supreme court was that claim for compensation made by the appellant under the workmen's compensation act was dehors the contract of service and was based on law of torts and, therefore, the bar created by section 53 of the e.s.i. act was not applicable. after examining the scheme .....

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Nov 17 2005 (HC)

Viswanath Sharma (Shri) Vs. State of Rajasthan and 3 ors.

Court : Rajasthan

Reported in : RLW2006(1)Raj350

..... the dispute of any kind whatsoever arrived at between non- government recognized affiliated aided colleges not maintained by the government and a member of its teaching staff. the contract means the contract of employment of teacher in non-government recognized affiliated aided colleges not maintained by the government, which includes or has to include service conditions of teacher. any dispute ..... government recognized affiliated aided colleges, is to be given to the teacher and a copy thereof is to be lodged with the university of rajasthan. the proforma of agreement/contract provided under ordinance 68 of the ordinances is for the guidance of the non-government recognized affiliated aided colleges not maintained by the government of rajasthan but service conditions are ..... with respect to all the employees of an aided institution shall not be less than those prescribed for the staff belonging to similar categories in government institutions.(2) notwithstanding any contract to the contrary, the salary of an employee of a recognized institution, for any period after the commencement of this act, shall be paid to him by the ..... is between the affiliated college and its employee/teacher and the government cannot be bound by such agreement and cannot be saddled with financial liability. this is a bilateral contract between the college and its employee/teachers because of the affiliation with the university. by this no mandamus can be issued against the government to accept the same.40. .....

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Oct 18 2005 (HC)

Alwar Prakashan and anr. Vs. K.K. Shrimal and anr.

Court : Rajasthan

Reported in : I(2007)BC349

..... argument of dr. p.c. jain, learned counsel appearing for the defendant-appellants is that the suits of the plaintiffs are not maintainable, inasmuch as there was no privity of contract between the plaintiffs and the defendants. in support of his argument, dr. jain referred to the averments made in the plaint as also the cross-examination of one of the ..... parties that may be adduced during trial of the suit. so far as the legal issue raised by the counsel for the appellants that since there was no privity of contract between the plaintiff and the defendants, the plaintiffs have no locus standi to bring the suit concerned, the same shall be considered and decided by the trial court on the .....

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Sep 15 2005 (HC)

Jagir Singh Vs. Ranjeet Singh and ors.

Court : Rajasthan

Reported in : AIR2006Raj105; RLW2005(4)Raj2941; 2005(4)WLC447

..... to prove that he paid the money to the defendant vendor under the sale deed in his favour in good faith and without notice of the prior contract. and it is one of the recognised canons of jurisprudence that a person, who seeks to take advantage of an exception has to prove affirmatively that his ..... sale in favour of the plaintiff. plaintiff too would not be able to lead positive and direct evidence to show that the defendant had knowledge of the contract in his favour. once it is a case of oath versus oath and at the most evidence of interested parties in leading negative evidence the issue shall ..... , to prove that he paid the money to the defendant vendor under the sale deed in his favour in good faith and without notice of the prior contract. and it is one of the recognised canons of jurisprudence that a person, who seeks to take advantage of an exception, has to prove affirmatively that ..... ) of the specific relief act, 1963 was that the transferee should have paid money in good faith and he showed have done so without notice of the original contract.16. mr. r.k. agrawal, learned counsel appearing for the appellant, on the other hand, relies upon judgment of lahore high court in kanhaya lal v. ..... the plaintiff but in that case defendant no. 2 who gave his evidence did not even say on oath that he was not aware of the plaintiff's contract.14. in dhadi dalai v. basudeb satpathy (supra), learned single judge while placing reliance upon a judgment of the privy council in bhup narain singh v. .....

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Sep 02 2005 (HC)

Mukati Transformers Ltd. Vs. Jaipur Vidyut Vitran Nigam Ltd. and anr.

Court : Rajasthan

Reported in : I(2006)BC455; 2005(4)WLC528

..... .2001.10. in the considered view of this court and hon'ble supreme court in such matters where several disputed questions are involved specially in the contract matters, normally while exercising power under article 226 of the constitution of india, this court should not interfere in the matter. the ratio decided by ..... 9.2002. the petitioner had extended the validity of its offer upto 31.3.2002 without any challenge to the terms and conditions mentioned in the contract form. thus, the petitioner cannot claim any right on account of enhanced rates when it extended the validity of its offer with clear understanding that ..... petitioner failed to comply with the requirement of clause 35.1, therefore, the bid security was rightly forfeited as the petitioner has committed breach of contract.9. so far as order of status quo passed in the writ petition of m/s vijay electricals on 9.1.2002 is concerned, it is ..... relevant provisions of the instructions to bidders. as per clause 35.1, the successful bidder shall furnish the performance security in accordance with the conditions of contract, in the performance security form within 30 days of receipt of notification of award from the purchaser. as per clause 35.2, failure of the ..... was duly signed and executed by the petitioner and sent back to the nigam on 18.12.2001. immediately after executing the contract agreement, as per clause 35.1 of instructions to bidders, the petitioner was require to furnish the performance security in the sum of 5% of .....

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