Court : Supreme Court of India
Decided on : Oct-03-1966
Reported in : 37CompCas434(SC)
..... of indemnity, which clause 13 is. there is a clear distinction between a contract of indemnity on the one hand and a contract of guarantee ..... of cases relating to contracts of guarantee. we think it unnecessary to refer to them because a contract of indemnity is very different from a contract of guarantee. reference is also made to section 126 to section 147 in chapter viii of the indian contract act, no. 9 of 1872. we do not ..... think it necessary to refer to these sections because they refer to contracts of guarantee and not to contracts ..... sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel ..... or suretyship on the other. the present is clearly a case of a contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-29-1966
Reported in : AIR1966SC1892; SuppSCR92
..... plaintiffs sued the defendants under the indemnity, the benefit of which had been assigned to them. the defendants refused to pay, alleging that the contract of indemnity was illegal, because it had as its object the making by the ship owners of a fraudulent misrepresentation. the court held that ..... the shippers to obtain moneys against goods which were not the goods agreed to be sold and which were not consigned according to the contract. the very fact that the second defendants have obtained an indemnity for issuing the bills of lading without disclosing the real state of facts ..... in granueles manufactured by monsanto chemical of new york. in respect of the first contract, the purchaser placed two indents dated december 26, 1950, and december 27, 1950, for the said stuff of value of rs. 13,500/- and ..... , are the local agents of the ship owners. 2. sha misrimal bherajee, the respondent herein, here-in-after called the buyer, entered into two contracts with the british mercantile company limited, new york, herein-after called the seller, for the purchase of fresh monsanto polystyrene injection moulding power (not reground) ..... of the plaint discloses that the 2nd defendant was sought to be made liable both in contract and in tort. paragraph 9 of the plaint reads thus :'if the first defendants state that they acted on the terms of the bills of lading and are therefore protected, the plaintiffs also charge .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-27-1966
Reported in : (1966)IILLJ814Bom; 1967MhLJ192
..... purely a contractual appointment and the civil service regulations, which have been made applicable to him as far as possible, also form part of his contract of employment, for a breach of which the petitioner, in my view, cannot approach this court by way of writ petition. 10. the petitioner ..... confers a power upon the syndicate to define their duties and conditions of their service and it is in exercise of such power that the contracts of employment are entered into by the university with the officers, teachers and servants so appointed, but all the same, the officers, teachers and ..... order is liable to be quashed or set aside. the entire grievance of the petitioner could be summed up as constituting a breach of the contract and the several terms thereof on the part of the respondent-university and the relationship between the respondent-university and the petitioner being purely that ..... the committee, the civil service regulations be applied as far as possible to the members of the university staff other than those who serve under special contracts or whose terms of appointment are regulated by 'statutes'.' 7. the question is what is the effect of this resolution whereby the bombay services ( ..... virtue of the power conferred upon the syndicate under s. 25(xx) of the act-which power was delegated to the rector of the respondent-university by the syndicate under s. 25(xxvii) of the act - the contract of employment to the post of research assistant with the petitioner was entered into by .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-09-1966
Reported in : AIR1968Bom35; (1967)69BOMLR250; ILR1967Bom925; 1967MhLJ106
..... certain time and no demand was made as required in cases where the debt is payable otherwise than at certain time. the interest act, therefore, would not be attached. again there is no agreement for payment of interest, the contract being silent. no substantive provision of law is pointed out under which it can be allowed. it would appear that the plaintiff ..... 1902 1 ch 901. (11) mr. bobde contends that at least regarding the advance price of 987 tons of ore where the breach of the contract was committed by the defendant under section 61 of the sale of goods act, he is entitled to interest. according to him, the case falls fairly and squarely within section 61 of the sale of goods ..... act which by sub-section (2) (b) enables the court to award interest to the buyer in a suit by him for refund of the price in a case of the breach of contract on the part of the seller from the date on which the payment was ..... taken for practical purposes to be the same as the limitation act, 1663, and lord selversen observed: 'although the limitation act does not in term apply to arbitrations, they (their lordship of the judicial committee) think that in mercantile references of the kind in question it is an implied term of the contract that the arbitrator must decide the dispute according to the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-15-1966
Reported in : AIR1968AP34; 68ITR107(AP)
..... property in that case vis-a-vis the karta representing the family they will take the same place as the strangers would occupy by any contract with him. but when it is open to the adult members acting within the authority conferred on them, whether express or implied, to represent the family, there is no reason why they along with the karla ..... . he or they in such cases occupy a dual position. as betwe.en the parties to the contract they are partners and their rela-tionship is regulated by the partnership act. they as a rule are personally liable for all the obligations under the contract as against the partner strangers. in relation to the family members they have a duty to account for ..... one manager but several persons with equal powers are entrusted with the duty of managership. in such a case the act of any one will bind all the coparceners. the manager or managers of the joint family firm have implied authority to contract debts and pledge the properties and credit of the family for the ordinary purposes of family business. no other ..... to share theprofits of the business carried on by all or any of them acting for all. the persons who have thus entered into the contract are called individually partners and collectively a firm. the relationship between coparceners in connection with joint family business is not based on contract but on status and is created by operation of law. that is why section .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-28-1966
Reported in : AIR1966SC1721; 3SCR676
..... inter alia, that subject to the provisions of s. 16 every person who, at the commencement of this act, is tenant of land, shall, subject to the provisions of this act and subject further to any contract not contrary to s. 4 be entitled to all the right conferred and be subject to all the ..... we may refer to two definitions which are relevant. 'tenant' has been defined by s. 5(43) of the act as meaning a person by whom rent is or but for a contract, express or implied, would be payable and except when the contrary intention appears, shall include a co-tenant or a ..... to the normal relationship between the mortgagor and the mortgagee and their respective rights and obligations as determined by relevant provisions of the transfer of property act. having made these observations, however, this court has taken the precaution to point out that even in regard to tenants inducted into the land by ..... on the ground that they had not surrendered possession of the property to the appellant as alleged by him and that under the relevant provisions of the act they were entitled to remain in possession of this property. on these pleadings the learned sub-divisional officer framed two issues. they were : no. 1 ..... liabilities imposed on khatedar tenants under the act. in other words, as soon as s. 15 came into operation on .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-29-1966
Reported in : 18STC500(P& H)
..... in favour of the executive. the executive has been given a free hand to fix any part of the amount received on account of any building contract to represent the price of goods. perusal of rule 28 would also sho that the basis adopted by the executive may result in taxation of something ..... the legislature has completely effaced itself and left it absolutely to the discretion of the executive to include any portion of the money consideration, received for the contract as it may consider fit, in the sale price. he further points out that rule 28, as framed, has in fact fixed the sale price ..... s.t.c. 329 the mysore high court decided that the levy of sales tax on moneys realised for execution of works contracts in accordance with the provisions of the mysore sales tax act and the rules framed thereunder was violative of article 14 of the constitution.7. in the course of the arguments the ..... i) of clause (h) of section 2, a dealer may deduct from the amount payable to him as sale price for the carrying out of any contract:-(1) in the case where the registered dealer produces to the satisfaction of the appropriate assessing authority evidence showing the cost of materials and the cost of ..... explanation (i) to section 2(t) of the said act was in the following terms :-the amount for which goods are sold or supplied shall, in relation to a contract, be deemed to be the amount payable to the dealer for carrying out such contract less such portion as may be prescribed of said amount representing .....Tag this Judgment!
Court : Kerala
Decided on : Jul-14-1966
Reported in : 20STC82(Ker)
..... necessary connection between the movement of goods across the border and the so-called contract between the petitioner and government. this is a simple case where government in order to supply petrol and diesel oil purchased them in inter-state transactions ..... the petrol and diesel oil to persons like the petitioner would not make the movement of goods across the border, a movement under the so-called contract with the petitioner. government could as well have supplied the petitioner with petrol and diesel oil by purchasing them in the local market. there was no ..... conditions are : (1) a sale of goods, and (2) a transport of those goods from one state to another under the contract of sale.3. section 3 of the central sales tax act says : '3. when is a sale or purchase of goods said to take place in the course of inter-state trade or ..... thereafter the first appellant sent an advice to the buyer enclosing therewith the railway receipt for the goods and the particulars of the authorisation. both the contract of sale and the advice stated that the goods were being despatched at the buyer's risk from the time delivery was made from the factory ..... sales were intra-state sales and liable to be taxed under the mysore sales tax act, 1948. it was held by the supreme court that the sales were inter-state sales and exempt from sales tax because under the contract of sale there was transport of goods from outside the state of mysore into .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-14-1966
..... for the sale by continental and the purchase by united of gas produced from the johnson bayou field in the state of louisiana, at prices stated in the contract. the contract was to run for 10 years and from year to year thereafter unless terminated by either party on 90 days' notice. to effectuate delivery to united's nearby ..... into its interstate system. the contract parties, on application to respondent federal power commission (fpc), were granted certificates of public convenience and necessity. continental's certificate covered sale of johnson bayou gas; united's ..... decided november 14, 1966 385 u.s. 83 certiorari to the united states court of appeals for the fifth circuit syllabus petitioner, united gas pipe line co. (united), contracted to buy gas produced by respondent continental oil co. (continental) from the johnson bayou field in louisiana. continental constructed delivery facilities, and united provided facilities to receive the gas ..... and that the commission therefore exceeded its jurisdiction in ordering united to continue purchasing gas from continental in amounts specified in an expired contract and at prices set unilaterally by continental. it is true that the act does not, in so many words, grant the same express authority over purchases to the commission that it does over sales. neither .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-21-1966
Reported in : (1967)IILLJ460Bom
..... fifteen days which is contravention of s. 9(2). besides this, the applicant cannot be made to suffer under an alleged agreement. section 23 of the payment of wages act prevents contracting out of rights of employees. if the agreement is advantageous or beneficial to the employee, then this section does not come in operation. since employees are in a position thereby ..... the agreement to give three months' notice will not prevail in view of s. 23 if the payment of wages act, inasmuch as the applicant cannot be allowed to contract out of the provisions of the act. section 26 of payment of wages act, empowers of the government to frame rules in respect of matters mentioned therein only. the rule-making authority has power ..... they can be dominated by the employer, this section lays down that 'any contract or agreement, whereby an employed person relinquishes any right conferred by this act, shall be null and void.' [union of india v. kundanlal a.i.r. 1959 all. 363 9. applying the observations of the aforesaid ruling ..... the bombay payment of wages rules, 1937, provide for a deduction by the employer for a breach of contract by the employee. this is the only place in the act where a specific provision has been made for a deduction for breach of contract. it is very pertinent to note that these provisions do not permit any deduction in individual cases, and even .....Tag this Judgment!