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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: rajasthan Year: 2001 Page 1 of about 40 results (0.018 seconds)

Aug 17 2001 (HC)

Oriental Insurance Company Ltd. Vs. Smt. Hulasi Devi and ors.

Court : Rajasthan

Decided on : Aug-17-2001

Reported in : II(2003)ACC103; 2002ACJ2082; 2002(4)WLN88

..... been decided that the standard motor cycle comprehensive policy should cover liability to pillion passengers treating them as occupants in the motor cycle and provide indemnity to such person who are not carried for hire or reward.'13. it was further held that the term 'any person' used under section ..... -3020, the expression 'third party risks' has been given meaning as under:-'third party risks connotes that the insurer is one party to the contract, that the policy holder insured is another party, and that claim made by others in respect of the negligent use of the car, may be ..... the tariff advisory committee amended on 25lh march, 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 or bodily injury to any person including the occupant.12. in oriental insurance company ltd. v. minaxi ..... and ors. (8) which was based on the instruction of the tariff advisory committee requiring insurance company to mandatorily incorporate a clause in the contract to indemnify the insured in respect of compensation for death and bodily injury to any person including the occupant carried in the motor car provided that ..... premalatha and ors. (supra) the high court of kerala held that the pillion rider was not carried for a reward of or in pursuance of contract of employmentand, therefore, the insurance company is not liable. this case relates to motor vehicles act, 1939 as in the aforesaid case, the date .....

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May 29 2001 (HC)

Assistant Engineer G.W.D. and anr. Vs. Rakma Bhil and ors.

Court : Rajasthan

Decided on : May-29-2001

Reported in : 2001(4)WLN152

..... the relation of contractor from whom the workman could have recovered compensation), and all questions as to the right to and the amount of any such indemnity shall, in default of agreement be settled by the commissioner. sub-section (3) of section 12 provides that nothing in this section shall be ..... lift pariyojna there was a sudden blast of detonator (tota) and that resulted in causing injuries to the claimants and as such gwd being in contract with the employer drda is equally responsible for making payment of compensation to the claimants for their personal injuries.27. in view of the aforesaid ..... contractor instead of the principal.23. from the above provision it is clear that the respondent claimants are entitled for compensation both from principal drda and contracting party gwd.24. having therefore, examined aforesaid three cases both on principal and authority, it is crystal clear that once the additional collector (dev.) ..... executing this work for drda was to be made by drda to gwd vide ex.a/1 and, therefore, principal employer drda as well as contracting party gwd both are liable for payment of compensation to the workmen claimants, who sustained employment injuries.22. section 12(2) of the workmen's ..... drda agreed to make payment of bill being sent to them. this fact is not in dispute that drda being principal employer and gwd being contracting party to carry out the work for principal drda. whole of the work of blasting and digging drains was carried out for the principal and .....

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Dec 13 2001 (HC)

Rajendra Textiles Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Dec-13-2001

Reported in : RLW2003(1)Raj546

..... .7.1986. the station master of railways, hindaun city informed the appellant that the consignment had been re-booked to idgah railway station vide pwb no. 567377 on execution of indemnity bond, whereas appellant had never given instructions to the railway administration for rebooking the aforesaid consignment and, therefore, the appellant claimed cost of goods, interest at the rate of 18 ..... under:-'77. responsibility of a railway administration after termination of transit.--(1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of seven days after the termination of transit ..... that sub-section (1) of section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such loss etc. has occurred within a period of 7 days after the ..... person unauthorisedly impersonating himself to be a partner of the appellant firm. the tribunal categorically reached to the finding while deciding issue no. 2 that goods were re- booked on indemnity bond filed by unauthorised person who impersonated himself to be partner of appellant firm. thus, railway was under legal obligation to keep the goods intact at least for a period .....

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Dec 13 2001 (HC)

Rajendra Textiles, Jodhpur Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Dec-13-2001

Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41

..... railways. hindaun city informed the appellant that the consignment had been re-booked to idgah railway station vide pwb no. 567377 on execution of indemnity bond, whereas appellant had never given instructions to the railway administration for re-booking the aforesaid consignment and, therefore, the appellant claimed cost of ..... partner of the appellant-firm. the tribunal categorically reached to the finding while deciding issue-no. 2 that goods were re-booked on indemnity bond filed by unauthorised person who impersonated himself to be partner of appellant-firm. thus, railway was under legal obligation to keep the ..... section 77 of the act states that the railway administration shall be responsible as a bailee under sections 151. 152 and 161 of the indian contract act, 1872 for loss, destruction, damage, deterioration or non-delivery of the goods carried by railways if such loss etc. has occurred ..... sender to 'self' when therailway receipts have been lost, delivery may be granted only when the person claiming the consignment produces a stamped indemnity note signed by the sender and countersigned by the station master of the forwarding station. the name stamp of the forwarding station must be ..... administration after termination of transit.-- (1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the toss, destruction, damage, deterioration or non-delivery of goods carried by rail way within a period .....

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Dec 11 2001 (HC)

Bharat Construction Company Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Dec-11-2001

Reported in : 2002(4)WLN294

..... unfair.20. in the aforesaid background it is considered that it would not be necessary to go into the nieceties of the award of the contract. these matters are better left to the specilised persons who are there with the department and the court who has insufficient accumen to handle such ..... an overwhelming public interest in entertaining the petition, the court should intervene.13. it has been emphasised that when the decision making process is of public contracts, it should not be lightly interfered with by the courts. he has also placed reliance on a decision of the supreme court reported in 1989 suppl. ..... under article 226 in disputes between two rival tenderers.12. when a petition is filed as a public interest litigation challenging the award of a contract by the state or any public body to a particular tenderer, the court must satisfy itself that the party which has brought the litigation is ..... the petitioner. this is not for the first time that the petitioner has not been given personal hearing by the department. in the award of contracts in past the petitioner had participated. there had been no occasion when the petitioner was heard.12. learned counsel for the respondent has also placed ..... in the action of the federation.35. it is true that mere issuance of letter of intent may not be equated with a case where contract has been concluded between the parties but nonetheless on imperfect or incholate right had been conferred on the petitioner. the peculiar facts of this case .....

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Sep 27 2001 (HC)

Marwar GramIn Bank and anr. Vs. Suresh Chandra Joshi and ors.

Court : Rajasthan

Decided on : Sep-27-2001

Reported in : 2002(4)WLC584; 2002(4)WLN170

balia, j.1. heard learned counsel for the parties.2. the facts in brief are that the respondent-petitioner was in the service of the appellant bank since he joined in pursuance of appointment letter dated 15th jan., 1981 was issued to him. on 14.6.82, the said incumbent submitted the letter of resignation informing the appellant that he has been selected by the life insurance corporation as a development officer so he is resigning from the service of the bank with immediate effect. as a parting pleasantry, he also made a request that in case he is not satisfied with his new job he may be given a new appointment. thereafter, the petitioner joined the services of the life insurance corporation on 16.6.82. the petitioner-respondent received a letter dated 10.6.83 (ex.7) from the bank stating that his resignation dated 14.6.82 has not been accepted by the employer and, therefore, he is being treated as absent from duty since 14.6.82. he was called upon the report on duty with a stipulation that failing which disciplinary proceedings will be initiated against him. in response to said letter the respondent- petitioner presented himself for joining duty and he was allowed to join duty on 17th june, 1983. before rejoining the service the petitioner resigned from the services of lic vide his letter dated 16.6.83 (ex.8).3. after the petitioner joined the services of the bank again, he was served with a charge-sheet (ex.10). the five charges levelled against the petitioner-respondent .....

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Sep 26 2001 (HC)

Lrs of Late Jaswant Mal and ors. Vs. Kailash Narayan

Court : Rajasthan

Decided on : Sep-26-2001

Reported in : RLW2003(1)Raj352; 2003(1)WLN695

..... further, it would be worthwhile to reproduce herein below sec. 13(1)(c) of the act of 1950:-'13. eviction of tenants-(1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as he .....

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Sep 20 2001 (HC)

Rajasthan State Road Transport Corporation Vs. Employees State Insuran ...

Court : Rajasthan

Decided on : Sep-20-2001

Reported in : 2002(4)WLN557

..... to in the earlier part of the definition. incentive bonus is certainly an additional remuneration. the moment one gets any additional remuneration other than the remuneration payable under the contract of employment and if such additional remuneration is paid at intervals not exceeding two months, it becomes 'wages' by virtue of the third part of the definition of ..... whether by way of overtime wages or incentive affecting particular result for himself and the employee is required to fulfil that expectation which brings into existence and implied contract. a term of contract whether express or implied, which entitles the employee to the incentive offers, it becomes part of the remuneration within the meaning of definition of 'wages' as ..... dismissing the appeal filed by the employer for its exclusion from the purview of wages it said:the legislature rather recognised the fact of the employer engaging, by contract express or implied, the services of the existing employee for doing overtime work and paying the remuneration. by employing the exclusive definition in section 2(22), the legislature ..... drugs & pharmaceuticals ltd. v. employees' state insurance corporation : (1997)iillj700sc . the issue raised in the aforesaid case was whether in the absence of any stipulation in the original contract of employment overtime wages would stand excluded from the definition of 'wages' under section 2(22) of the employees' state insurance act, 1948. the court answered in the negative. while .....

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Aug 30 2001 (HC)

Bal Kishan Vs. Urmila

Court : Rajasthan

Decided on : Aug-30-2001

Reported in : AIR2001Raj404; I(2002)DMC607; 2002(1)WLC224

..... decree for restitution of conjugal rights was passed ex parte, was taking advantage of his own wrong by filing a petition for divorce under section 13(1a)(ii) while having contracted second marriage.19. in smt. santosh kumari v. kewal krishna sabharwal (8), another single bench of delhi high court, held, in the facts and circumstances of the case, that the .....

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Aug 29 2001 (HC)

Ramanlal Vs. Smt. Heeramani and ors.

Court : Rajasthan

Decided on : Aug-29-2001

Reported in : 2002(5)WLC846; 2003(2)WLN332

..... , payment, performance, or facts showing illegality. 'and, thereafter, hon'ble the apex court held as under:'these provisions leave no doubt that the party denying merely the factum of the contract and not alleging its unenforceability in law must be held bound by the pleadings and be precluded from raising the legality or validity of the ..... contract. '36. in the above case, it was alleged that the point was not raised in the pleading before the trial court and it was also not raised in the memo .....

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