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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: rajasthan Page 8 of about 943 results (0.019 seconds)

Mar 15 2004 (HC)

Suresh Oil Mills Vs. Kesar Bai

Court : Rajasthan

Reported in : 2006ACJ510; RLW2004(3)Raj1734; 2004(3)WLC107

..... rs. 450/- was paid by he vehicle owner which included rs. 150/-to cover unlimited personal injury sustained by third party. india motor tariffs schedule of premiums, provides that the indemnity granted to the insured for the personal injury caused to third party shall be unlimited, if rs. 150/- as additional premium is paid in respect of goods carrying vehicle. in ..... 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 recourse of by the tribunal and be extended to claims and defences of insurer against insured by relegating them to .....

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Feb 24 2004 (HC)

Dhulchand Vs. Kanti Lal and ors.

Court : Rajasthan

Reported in : 2006ACJ276; AIR2004Raj267; RLW2004(4)Raj2291; 2004(3)WLC470

..... also held that the insurance company is liable to pay the compensation though the vehicle was under the control and was driven under the instructions of the beneficiary of the contract and not by the registered owner. therefore, even if, the appellant would have proved handing over the actual possession of the vehicle to the subsequent purchaser, they cannot have avoided ..... . it will be relevant to mention here that the insurance company insured the vehicle for the benefit of registered owner of the vehicle and there was no privity of the contract between the insurance company and the r.s.r.t.c., therefore, if the owner of the vehicle would have been absolved totally by the division bench of this court ..... , is invalid as public policy, was not examined though the finding was recorded by the high court that the condition 15 of the agreement in the aforesaid case, in the contract to the extent it shifts the liability arising of the accident from the r.s.r.t.c. to the owner, may be against the public.'6. the division bench ..... the case of new india assurance co. ltd. v. r.s.r.t.c. reported in 2003 rar 213 wherein the r.s.r.t.c. took a bus on contract from the registered owner of the bus and the bus met with an accident and a question came for consideration, whether the r.s.r.t.c. is liable to .....

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Feb 21 2004 (HC)

Usha Dube (Mrs.) Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(3)Raj1653; 2004(2)WLC287

..... respondent, no officer was appointed for holding the departmental inquiry instead the competent authority chose to terminate the respondent's services in exercise of its powers under the terms of contract as well as under the relevant rules applicable to a temporary government servant. it never intended to dismiss the respondent from service. holding of preliminary inquiry does not affect the .....

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Oct 31 2003 (HC)

Ashok Maheshwari and anr. Vs. Chothu, Moola and anr.

Court : Rajasthan

Reported in : II(2004)ACC14; 2004(2)WLC97

..... 11(1)(a) of standard form for motorcycle, comprehensive policy, sheet 59 of the imt, covers liability to pillion passengers treating them as occupants in the motor cycle and provides indemnity to such persons who are not carried for hire or reward. but learned tribunal failed to consider this important aspect.(ii) the tariff advisory committee amended the tariff on march ..... 25, 1977 and by this amendment the insurance companies were compulsorily required to incorporate a clause in the contract to indemnify the insured for the death of or bodily injury to any person including the occupant.(iii) the tariff advisory committee is the statutory body constituted under the insurance .....

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Oct 22 2003 (HC)

Balbeer Kumar JaIn and anr. Vs. Tripti Kumar Kothari

Court : Rajasthan

Reported in : RLW2004(2)Raj819; 2003(4)WLC790

..... intention and thus the court has to ascertain legislative intent.in hungerford investment trust ltd. (supra), it was held that the appellant had no accrued right for rescission of the contract or the decree for specific performance under section 35 of the specific relief act, 1877, when the act was repealed by the specific relief act, 1963. the mere right to .....

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Oct 16 2003 (HC)

Prithvi Singh and anr. Vs. Banshi Lal and anr.

Court : Rajasthan

Reported in : AIR2004Raj100; 2004(2)WLC484

..... -appellants on the basis of their claim of easementary right, easement of necessity. the first appellate court after holding that there is no privity of contract between the plaintiffs and the defendant no. 1, therefore, the plaintiffs cannot get the decree for mandatory injunction and, in addition to the said finding ..... favour of the plaintiffs, the trial court while deciding issue no. 9 in favour of the defendants, held that there is no privity of the contract between the plaintiffs and defendant no. 1 and the suit of the plaintiffs is not maintainable. consequentially, the trial court decided issue no. 6 against ..... owner by adverse possession and subsequently new issues were framed whether the suit of the plaintiffs is not maintainable as there is no privity of the contract between the plaintiffs and defendant no. 1?7. the trial court after trial held that the plaintiffs purchased the property by registered sale deed (ex ..... litigation. the relief was denied by the two courts below on the mere ground that the plaintiffs have no privity of contract with defendant no. 1 and cannot enforce the contract by which defendant no. 1 agreed to give benefit for enjoyment of plaintiff's property, which was purchased after taking all ..... the benefit under any provisions of law. here in this case impliedly it is proved that the plaintiff paid the consideration for the contract of having way from the land in dispute to the defendant no. 2, which is by necessary implication is included in the sale .....

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Sep 24 2003 (HC)

United India Insurance Co. Ltd. Vs. Madho Singh and ors.

Court : Rajasthan

Reported in : 2005ACJ1653; AIR2004Raj131

..... of policy. this is one aspect of he matter. the more important aspect of the matter is that, even in entering into such a contract, if it is found that the indemnity is undertaken to indemnify for the loss, resulting from any act done, or allowed to be done, by the insured, which falls within any of the categories ..... insurance cover is required to be obtained complying with the requirements of the chapter, and the requirements of the chapter include the requirements enumerated in section 147. thus, the contract of insurance is, of indemnity, undertaking to indemnify the insured, in the event of his suffering any of the liabilities required to be indemnified by section 147, and the consideration of the ..... contract of indemnity is payment of premium by the insured, and in addition to comply with such of the requirements of the act as are incorporated in the policy, as permissible specified conditions ..... . thus by virtue of the provisions, and philosophy, of section 23 of the contract act if the liability of the insured arises as a result of violation of such provisions, which has been made punishable with imprisonment, in that event the insured cannot be allowed to claim indemnity, nor can the insurer be compelled to indemnify, on account of it having issued .....

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Sep 23 2003 (HC)

Alpha Engineer and Etc. Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2004Raj23; RLW2004(1)Raj619; 2004(1)WLC223

..... is empowered to depute its representative to attend the meeting of the board and to take part in the deliberations. section 23 mandates that no contract shall be made without the previous sanction of the state which involve an expenditure over and above the amount specified in the notification issued by ..... the tenders vitiated the entire process and destroyed the object of transparency. in the opinion of the housing commissioner the work was awarded to contracts on more rates and the board was deprived of the competitive rates. the state it appears upon consideration of entire material issued directions to cancel ..... that once the time was extended up to january 28, 2002 it could not have been preponed and thus transparency in issuance of public contracts came under clouds and no option was left with the state except to cancel the tenders. it was further contended that no civil or ..... semi-monopoly dealings it should meet the test of article 14. if a governmental action even in the matters of entering or not entering into contracts fails to satisfy the test of reasonableness, the same would be unreasonable. rule of reason and rule against arbitrariness and discrimination, rules of fair ..... the citizens are in the nature of contractual rights, the manner, the method and motive of a decision of entering or not entering into a contract, are subject to judicial review, on the touchstone of relevance and reasonableness, fair play, natural justice, equality and non discrimination in the type of .....

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Sep 03 2003 (HC)

Commissioner of Income Tax Vs. Udaipur Distillery Co. Ltd.

Court : Rajasthan

Reported in : (2004)186CTR(Raj)1; [2004]268ITR305(Raj)

..... of the state. the former falls within the domain of compulsory exaction by the state in exercise of its taxation power. the latter falls in the realm of term of contract.70. from the aforesaid discussion, conclusion is irresistible that bottling fee was charged from the respondent-assessee by the state government by way of consideration for parting with its exclusive ..... its exclusive privilege to deal in such commodity it did not require specific legislation but could have been charged by state in exercise of its exclusive authority to enter into contracts. merely because for regulating its own exclusive right to trade in potable liquor, the state has legislated on the subject it cannot alter the character of bottling fee from consideration ..... parting with its exclusive privilege or right in dealing with liquor or drugs including the exclusive privilege of vending foreign liquor in favour of a private party under a licence (contract), the next question is whether such amount of consideration receivable by the government could form the subject-'fee' or 'tax' or 'duty' or 'cess' referred to as such, in one ..... exaction in the exercise of state's power of taxation where levy and collection is duly authorised by law as distinct from amount chargeable on principle as consideration payable under contract.30. the principle of statutory interpretation is well known and well settled that when particular words pertaining to a class, category or genus are followed by general words, the general .....

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Aug 28 2003 (HC)

Jai NaraIn Modi Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2003Raj340; RLW2004(1)Raj373; 2004(1)WLC201

..... in judicial review proceedings wherethe court concludes that the decision is suchthat no authority properly directing itself onthe relevant law and acting reasonably couldhave reached it.'63. the grant of contract provides as a first step a provisional selection. respondent no. 5 was provisionally selected. thereafter, the matter went to the director, for confirmation. this check has been ..... augmentation of state revenue should be taken into consideration while according sanction. the director was required to look into, the entire matter thoroughly. the whole process of granting contracts to the private parties is after abdicating the sovereign function in favour of the private individuals. the sole purpose of augmentation of revenue was the idea behind tendering. if ..... v. evans, the courts can certainly examine whether 'decision-making process' was reasonable, rational, not arbitrary and violative of article 14 of the constitution.19. if the contract has been entered into without ignoring the procedure which can be said to be basic in nature and after, an objective consideration of different options available taking into account the ..... this stage of unreasonableness as defined in the principles of wednesbury, would prejudice the mind of court. that would result into frustrating the process of grant of the contract, which was been concluded in favour of the answering respondent. no consideration could have been given to the earlier tenders or earlier bids because they lost their rights. .....

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