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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: rajasthan Year: 1971 Page 2 of about 13 results (0.018 seconds)

Apr 14 1971 (HC)

The Mewar Textile Mills Ltd. Vs. Sita Ram Basanti Lal Jain.

Court : Rajasthan

Decided on : Apr-14-1971

Reported in : 1971WLN200

..... and the consignee obtained delivery of the goods from the railway not by retiring the bill and producing the railway receipt but by giving a letter of indemnity to the railway.16. in mussadi lal v. union of india (supra) though the railway receipt was drawn in the name of the consignee it was ..... as found by the learned district judge show that they had been charging interest at the rate of 9% from each other. section 221 of the contract act fully governs the case. the lower court has rightly decreed the suit. i do not find force in the contentions raised on behalf of the ..... court in harilal v. pehladrai & co. (supra) after quoting the above passage observed that 'this precise statement is not found in the indian contract act, but the indian contract act is not exhaustive and speaking for myself, this provision appears to me to be good sense'. it was a case where the agents were ..... pass to the company until it paid for the goods. bowstead on agency (thirteenth edition) in article 82 at page 239 states:where an agent by contracting personally, renders himself personally liable for the price of goods brought on behalf of his principal, the property in the goods as between the principal and the ..... the defendant. but the question as to when property in the goods passes depends upon the intention of the parties having regard to the terms of the contract, their conduct and the circumstances of the case. sections 20 & 24 of the sale of goods act jay down the rules for ascertaining the intention .....

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Feb 12 1971 (HC)

Gumanmal Vs. Kanwar Lal

Court : Rajasthan

Decided on : Feb-12-1971

Reported in : AIR1971Raj273

c.m. lodha, j. 1. this is a defendant-tenant's second appeal arising out of a suit for ejectment in respect of a shop situated in jodhpur decreed against him by the two courts below. 2. learned counsel for the appellant has raised two contentions: the first is that the notice of ejectment was not properly served. it appears that a notice dated 18-1-62 was affixed at the suit shop on the same date. the plaintiff's case is that it was not practicable to serve the notice on the defendant personally and consequently it was offered to his brother mangilal who too refused to take it, and, therefore, it was affixed at the shop. the pasting of the notice at the suit shop is proved by the evidence produced by the plaintiff. the courts below accepted the plaintiff's version that the notice had been pasted and i do not see any reason to take a different view. learned counsel for the appellant, however, urges that the notice had not been tendered to mangilal as stated by p. w. 1 kanwarlal. he has pointed out that there is clear variance between the pleading and the proof on this point. i find force in this contention. in the plaint it has been stated that the notice wastendered to the defendant. the endorsement contained on the notice ex. 1 also recites the fact that the notice was offered to gumanmal defendant. p. w. i kanwarlal (plaintiff) when he came in evidence stated that the notice was offered to mangilal brother of the defendant. thus the plaintiff's case regarding tender of .....

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Jan 29 1971 (HC)

State of Rajasthan Vs. Baijnath Prasad Gulab Singh

Court : Rajasthan

Decided on : Jan-29-1971

Reported in : 1971WLN(UC)5

..... will be final. this note purports to bar the signature if the executive engineer. this note is however not in accordance with the printed conditions of contract contained in tender form 'c' under clause 13 of these conditions in the absence of a rate in the schedule of p.w. d rates, ..... the only person to approve of the rate for this additional work under clause 13 of the agreement.7. under clause 6 of the conditions of contract the final certificate of completion of work shall be furnished either by the chief engineer or by the other duly authorised engineer (hereinafter called the engineer- ..... the rate provided under this item is not a rate for extra lead beyond 200 ft but it includes cartage within that distance. according to the contract, the cost of carrying and dumping the spoil within a distance of 200 feet was already included rs. 70 per 1000 eft offered by the contractors. ..... of rs. 20, 623 - has been deducted from their final bill as charges towards the use of machinery employed by messrs. baijnath prasad and company under contract no. 73. they thus claimed a decree for rs. 82, 809. 24 with pendente little and fute interest. the defendant admitted that the plaintiff's work ..... suit brought by messrs. baijnath prasad gulabsingh plaintiffs against the state of raj for recovery of rs. 82, 809. 48p. the plaintiffs were given a contract for the construction of wasteweir of guda irrigation dam in bundi district under agreement no. 72 dated 15.3.54. the work was rock cutting and dumping .....

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