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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: rajasthan Page 7 of about 943 results (0.019 seconds)

May 12 2005 (HC)

Hotel Residency Place Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2005(3)Raj2158

..... .21. since in that case, event completed on submitting the application for renewal of the licence accompanied with the proof for payment of the new fees and ultimately by the contract of licence which was granted to the applicant-petitioner before amendment in rule came. the petitioner in this case, since applied for renewal of the licence, therefore, he discharged his ..... of licence (which in fact is grant of new licence) on the terms which were existing on 31.3.2005. therefore, the petitioner under the rules or under the statutory contract, has no right to seek directions against the respondents to issue and execute a licence on the same terms and conditions of licence which he was possessing up-till 31 ..... contain a term that licence shall be renewed in the existing terms or may contain a term providing for increase in the licence fee etc., in that situation, both the contracting parties are governed by the terms of the licence. in the licence granted under the statutory provisions, the law governing the licence in the present case is under the rules ..... petitioner is that he has applied with all requirements for renewal of his licence but neither the law permits nor the respondents have entered into the concluded contract nor could have entered into the concluded contract in violation to the rules which are in force and were in force on the date on which the respondents could have issued a licence. the .....

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Apr 28 2005 (HC)

Lrs of Bhinva Ram Vs. Sohan Ram

Court : Rajasthan

Reported in : RLW2005(4)Raj2433; 2005(4)WLC34

..... performed by the plaintiffs in respect of the contract was averred and nothing remained to be performed by them. this included the fact that the plaintiff has spent amount for purchase of stamps and presented sale-deed for ..... denied execution of any document for sale. the trial court dismissed the suit but the first appellate judge accepted the appeal and decreed the suit for specific performance of contract. a contention was raised before this court that the plaintiffs failed to take averments about readiness and willingness. this court, after considering the pleadings, found that whatever was ..... non-performance by a person having any impact on the other, could not be adequately compensated by damages, the specific performance may be granted. in case of breach of contract to transfer immovable property, the court would presume, unless contrary is proved, that such breach cannot be adequately relieved by monetary compensation, whereas the principle is quite opposite ..... , partition, refund of earnest money, etc.-(1) notwithstanding anything to the contrary contained in the code of civil procedure 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-(a) possession, or partition and separate possession, of the property, in addition to such performance; .....

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Feb 03 2005 (HC)

State of Rajasthan and ors. Vs. Nathu Lal

Court : Rajasthan

Reported in : AIR2006Raj19; IV(2005)BC475; RLW2005(2)Raj1336; 2005(3)WLC341

..... called by her on the administrative side for verification of the facts. the collector observed that prima facie it appeared that the forest department was proceedings under the contract and therefore no administrative order was required form the collector. the petitioner approached the board of revenue against the order passed by the collector but the learned member of ..... the record that the petitioner approached the collector on 6.9.1977 when he was called upon to make payment of the remaining amount under the contract. however, the collector found that the application filed by the petitioner was not maintainable under any law, yet according to the collector, the proceedings of the forest department were ..... breach, the intended recovery remains wholly unauthorised. we are, therefore, of opinion that learned single judge was right in observing that without adjudication of the question of breach of contract, the attempted recovery under annex.13 remains illegal and the same has rightly been quashed.20. so far the concealment of the facts is concerned, it not doubt appears from ..... into consideration various facts and factors and variation of a substantial part of consideration nullifies against the basic requirement of meeting of minds for conclusion of an agreement. for the contract of the present nature in which the seasonal months of march and april were of relevance, the appellants have not been able to show if they retained within themselves .....

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Feb 01 2005 (HC)

Chhotulal Vs. Manak Devi

Court : Rajasthan

Reported in : III(2005)BC440; 2006(1)CTLJ377(Raj); RLW2005(2)Raj808; 2005(2)WLC337

..... an overall view of the matter, 1 am not inclined to accept the submission, that the transaction is hit by the mischief of section 23 of the contract act.11. the next submission made is, that the plaintiff is a money lender, and since she has no license under the money lender's act, ..... an agreement is said to be unlawful. every agreement of which the object or consideration is unlawful is void.' 9. a look at section 23 of the contract act shows, that what it provides is, that the consideration or object of the agreement should be forbidden by law, or should be of the nature, ..... available, considerations of business expediency and other relevant factors.] (4) notwithstanding anything contained in any other law for the time being in force or in any contract, where any payment in respect of any expenditure has to be made by a crossed cheque drawn on a bank or by a crossed bank draft in ..... i have considered this submission also. for convenience, the provisions of section 269ss of the act, so also section 40a of the act, and section 23a of the contract act are reproduced, which read as under: -'269ss. no person shall, after the 30th day of june, 1984, take or accept from any other person (hereafter ..... not been done, it is a case of violation of section 269ss of the act, and in view of the provisions of section 23 of the indian contract act, it renders the transaction illegal, rather void, with the result, that the plaintiff is not entitled to maintain the suit for recovery of the amount. .....

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Jan 12 2005 (HC)

Varju and ors. Vs. United India Insurance Co. Ltd. and ors.

Court : Rajasthan

Reported in : IV(2005)ACC516; 2006ACJ328; 2005(4)WLC1

..... passengers travelling in public service vehicle covered by sub-clause (ii) of clause (b) of section 147(1) are not covered under the 'act only' policy unless the terms of contract between the insurer and the insured otherwise provide on payment of additional premium.52. significantly in baljit kaur's case : air2004sc1340 , the court while construing section 147 made it clear ..... compulsory coverage was not intended for all passengers and, therefore, it was provided that 'passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment'. 34. thus, the confinement of the operation of the main provision was in respect of vehicles and also passengers. the court further noticed that even after amendment, ..... main provision would have included all classes of vehicles including goods vehicles and all passengers whether carried for hire or reward or by reason of or in pursuance of a contract of employment or otherwise. however, referring to proviso (i), the court said that such an unqualified meaning to the words 'any person' was not envisaged. the court said while referring ..... of the vehicle becomes vicariously liable. therefore, the limitation in the coverage under the 'act only' policy is inherent. the statutory provision neither covers nor excludes the entire territory of contract.22. the reading of provision in that context reveals that it does not restrict a wide coverage which the insurance cover under the agreement between the parties may make. it .....

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Dec 01 2004 (HC)

Chetan Construction Company Vs. State and ors.

Court : Rajasthan

Reported in : 2005(3)ARBLR206(Raj); RLW2005(2)Raj996; 2005(1)WLC484

..... matter constituting a total claim of 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 obligations of the parties as the result of such termination shall be referred for decision to ..... through the alternate disputes redressal method of arbitration.3. brief facts of the case are that the petitioner is a sole proprietorship firm and is involved in constructions business. a contract was awarded by the executive engineer, public works department, div. i, bharatpur in favour of the petitioner vide letter dated 30.3.1998 and the agreement was accordingly executed. as ..... was 14.4.1998 and the date of completion was 13.2.1999 and according to the terms of the agreement the valuation of the contract was rs. 19,82,537.54/-. time was essence of the contract and accordingly the petitioner arranged labour, staff, machinery etc. which were required for the work but the reciprocal promises which were to be undertaken ..... been placed on record as ex.1, 2 and 3 respectively. since the petitioner was prevented to perform his part of the contract solely because the respondents failed to perform their obligation as per the terms of the contract and when no action was taken on the representation the registered a.d. notice was sent by the petitioner dated 22.8.2002 .....

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Sep 28 2004 (HC)

State of Rajasthan and ors. Vs. Achala Ram

Court : Rajasthan

Reported in : RLW2005(1)Raj60; 2005(1)WLC796

..... the government service was to lake effect at a subsequent date prospectively and that withdrawal was long before that date. therefore, the appellant had locus poententiae. the dissolution of the contract of employment would be brought about only on the date indicated i.e. march 31, 1981; upto that the appellant was and is a government employee. there is no unilateral .....

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Sep 10 2004 (HC)

Arnavaz (Anu) (Mrs.) and ors. Vs. Alcobex Metals Ltd. and anr.

Court : Rajasthan

Reported in : 2005CriLJ610; RLW2005(1)Raj43; 2005(1)WLC239

..... the part of the petitioner at the time of making of the promise. it also does not appear to be a case of failure to keep promise or breach of contract by the petitioner. the stand of petitioner herein from the beginning has been that the tubes supplied were defective entailing loss to the company. similarly no offence under section 406 ..... clear enough to indicate that more failure to deliver in breach of an agreement would not amount to cheating but is liable to only a civil action for breach of contract.'9. thus, it clearly emerges that to exercise powers under section 482 cr.p.c., the complaint in its entirety must be examined on the basis of the allegation made ..... filed a money suit for recovery of rs. 32 lakhs in november, 1999 against the complainant company in the court of civil judge (senior division), pune for the breach of contract by the complainant estimated at rs. 50 lakhs adjusting the amount of rs. 17.95 lakhs debited to the complainant company.6. it is submitted by mr. alok sharma learned ..... debiting the cost of re-working on the machines due to defective supply of tubes the parties and no unilateral changes could be effected arbitrarily after the finalization of the contract and execution of the order, particularly in view of the fact that no supplier could ever give a blanket commitment to compensate a customer for any losses without limit which .....

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May 10 2004 (HC)

Barji (Smt.) and ors. Vs. Thakurji Shri Dwarkadheesji and ors.

Court : Rajasthan

Reported in : RLW2004(4)Raj2068; 2004(3)WLC732

..... within the definition of premises and the present suit was maintainable under the provisions of rent control act ?4. whether the acceptance of land by enhanced rate and creating new contract, the plaintiffs had waived his right of eviction on the ground of substantial damages of premises when according to the plaintiffs the damages was caused in the year 1955 ?5 .....

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Apr 06 2004 (HC)

Virendra Singh and ors. Vs. Kashiram (Deceased by L.Rs.)

Court : Rajasthan

Reported in : AIR2004Raj196; 2006(1)CTLJ378(Raj); RLW2004(3)Raj1979; 2004(3)WLC711

..... as the law specially declares to be fraudulent. explanation.-- mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence ..... he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or(b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) where a person who ..... under:--16. 'undue influence' defined. (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate ..... that this additional issue practically stands covered by both the issue nos. 1 and 2. the term 'undue influence' is defined under section 16 of the indian contract act, 1872 (in short the act) while the term 'fraud' is defined under section 17 of the act. the provisions of both the sections are as ..... was in negative.12. second point:-- according to the provisions of section 10 of the act, all the agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. the term ' .....

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