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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Year: 1969 Page 1 of about 9 results (0.041 seconds)

Mar 26 1969 (HC)

Owen Vs. Pook (inspector of Taxes).

Court : Andhra Pradesh

Decided on : Mar-26-1969

Reported in : [1969]74ITR247(AP)

..... in return for acting as or being an employee.... the money was not paid to him as wages.'later in his judgment lord radcliffe appears to treat a claim for indemnity as not assessable. the facts in that case were widely different from the present, but it the proper test is whether the sum is a reward for services, them, in ..... not suggested that any duties were performed in london. in the present case there is a finding of fact that dr. owens duties commenced at the moment he was first contracted by the hospital authorities. this is further emphasised by the finding that his responsibility for a patient began as soon as he received a telephone call and that he sometimes ..... be answered in the light of the particular facts of every case whether or not a particular payment is or is not a profit arising from the employment. disregarding entirely contracts for full consideration in money or moneys worth and personal presents, in my judgment not every payment made to an employee is necessarily made to his as a profit arising .....

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Oct 04 1969 (HC)

Yeleti Narayana Murty and Co. Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Oct-04-1969

Reported in : [1970]26STC89(AP)

..... not inclined to hold that the transactions covered by the disputed turnover were sales made in the course of export. the requirements of integrated contract to make the sale in the course of export are not at all satisfied in the present case. we do not therefore experience any difficulty ..... inference merely because some entry regarding adjustment is found. those adjustments may represent many things and may not actually relate to any such integrated contract of export.40. it was argued before us that the dealer was paid only when the goods were approved and the quantity weighed at ..... of sale which is preliminary to export may be regarded as a sale for export. to occasion export there must exist a bond between the contract of sale and the actual exportation and that each link should be inextricably connected with the one immediately preceding it. without such a bond, ..... export. there must be an obligation to export and there must be actual export. the obligation, however, may arise by reason of statute or contract between the parties. every transaction of sale, the goods involved in which ultimately find their way to foreign country, is not necessarily a sale in ..... between the sale and export, the two activities being so integrated that the connection between the two cannot be voluntarily interrupted without breach of the contract or the compulsion arising from the nature of the transaction. the term 'integrated activities' has been explained in the following way :the phrase 'integrated .....

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Sep 16 1969 (HC)

Addepally Nageswara Rao and Brothers Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Sep-16-1969

Reported in : [1971]79ITR306(AP)

..... of the application for registration of the firm. the result, however, should not be confused with the validity or otherwise of the partnership contract itself. it may be that the partnership deed does not incorporate any terra from which it is possible to deduce as to in what ..... such a single person may have dual personality, in other words, a double capacity.33. capacity to com ract must always be distinguished from authority to contract. ' capacity ' means power to appoint oneself while ' authority ' means power to appoint another. while capacity is part of the law of status, authority ..... contractis still enforceable but at his option.28. competency of the parties is the subject-matter of sections 11 and 12 of the indian contract act. consent as effected by various circumstances is dealt with in sections 13 to 22. likewise, lawfulness of the object and consideration is dealt ..... benefits of the partnership and, consequently, the partnership deed is not violative of section 30 or any other provision of the partnership act, the contract is valid and binding upon the partners of the firm.22. although decisions construing certain instruments cannot form precedents, since the following decisions provide a ..... of the minor and gave two reasons for reaching that conclusion: firstly, that the guardian of the minor had no capacity to enter into a contract; and, secondly, the guardian would then be partner in two capacities which was not possible. it was further held that, since the partnership .....

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Aug 12 1969 (HC)

Sridhara Suryanarayana Vs. Medikonduru Ankamma

Court : Andhra Pradesh

Decided on : Aug-12-1969

Reported in : AIR1971AP168

1. this civil miscellaneous second appeal arises out of proceedings objected to the sale of the properties in the execution petition presented on july 9, 1965 on the ground that the attachment effect earlier in a prior execution petition cannot be deemed to be subsisting. the order passed on the prior execution petition on 24th june 1960 was in these terms:'e. p. dismissed as execution is stayed.'the question, therefore, is whether, as a result of the order made on 24th june. 1960, the attachment of the property can be said to have been terminated.2. the answer depends upon the construction of the provisions of rule 57 of order 21. the contention urged for the appellant before me is that it is incumbent on the court when it dismisses or adjourns a proceedings in execution to a future date to state whether the attachment continues or ceases. the later part of sub-rule (1) of r.57 applies to a case where an execution petition is terminated for the decree-holder's default. in that contingency, no question can arise as to the continuance of the attachment. but we are concerned here with a case where the execution could not be proceed with by reason of orders of stay made by a superior court. even in a case of this description. mr. krishna rao for the appellant submits that in the absence of a specific order of the court, the attachment must be deemed to have come to an end. the emphasis laid by the learned counsel is on the need for a specific order of the court. according to him .....

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Dec 31 1969 (HC)

Pithana Apprao Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Dec-31-1969

Reported in : AIR1970AP318

gopal rao ekbote, j. 1. these petitions filed under article 226 of the constitution of india question the validity of the notifications issued under s. 3 of the andhra pradesh slum improvement (acquisition of land) act. 1956, hereinafter called 'the act'. the main attack in all these petitions is on the validity of the act itself under which the impugned notifications were issued. these petitions raise common questions of law. they can therefore conveniently be disposed of by a common judgment. 2. a bench of this court thought that important questions involving far-reaching consequences both to the state as well as to the citizens are involved in the petitions which challenge the constitutional validity of the act and has referred these cases to a full bench. that is how the matter has come before us. the attack on the validity of the act is twofold; (1) under article 14 and (2) under article 31(2) of the constitution. 3. the first contention of the learned advocates appearing for the petitioners is that the act is offensive of article 14 inasmuch as it gives different treatment to the lands situated in the slum area and the lands situated outside such area without any reasonable basis for such discrimination. the classification, it is argued is unreasonable and has very little nexus with the object it seeks to achieve. 4. it is not in doubt that the land acquisition act, 1984 is a general law on the topic of acquisition for public purpose. the law is general because its .....

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Feb 03 1969 (HC)

G. Mahava Rao and ors. Vs. the Regional Transport Authority, Kurnool a ...

Court : Andhra Pradesh

Decided on : Feb-03-1969

Reported in : AIR1970AP419; 1970(2)AnWR1; 1969(1)APLJ40

..... sections. it has to be remembered that section 62 deals with temporary permits for all types of transport vehicles, whether they be stage carriages or contract carriages or private carriers or public carriers. the fact that mention is made only to section 57 indicates that the other sections applicable in any ..... of a temporary permit. the position is the same with regard to the sections dealing with private carrier's permits, public carrier's permits or contract carriage permits. 18. in section 62 of the act it is specifically provided that the procedure laid down is section 57 need not be followed ..... to an application to vary the conditions of any permit, other than a temporary permit. section 58 directs that a stage carriage permit or a contract carriage permit other than a temporary permit issued under section 62 shall be effective without renewal for such period, not less than three years and ..... act; 'permit' means the document issued by the commissioner or a state or regional transport authority authorising the use of a transport vehicle as a contract carriage, or authorising the owner as a private carrier or public carrier to use such vehicle.' this would clearly include even a temporary permit. as ..... and 48 deal with the application for a stage carriage permit and the grant of a stage carriage permit. 12. sections 49 to 51 deal with contract carriage permits, sections 52 and 53 with private carrier's permit, and sections 54 to 56 with public carrier's permit. 13. section 57 relates .....

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Nov 26 1969 (HC)

Rambhotla Ramanna by Power of Attorney Holder, Vs. Government of Andhr ...

Court : Andhra Pradesh

Decided on : Nov-26-1969

Reported in : AIR1971AP196

..... the persian oil fields to their refinery in the persian gulf, to their agents in persia containing confidential information from the board of admiralty, with whom the defendants had a contract for the supply of fuel oil of his majesty's ships as to the progress of the campaign in persia and as to the intentions of the authorities interference thereto ..... , was summoned and the court, having regard to the fact that the contract was with the board of admiralty for supply of oil to his majesty's ships held that the letter was a privileged document and the production of that document would .....

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Sep 19 1969 (HC)

P.V.G. Raju Vs. Commissioner of Wealth-tax

Court : Andhra Pradesh

Decided on : Sep-19-1969

Reported in : [1970]78ITR601(AP)

..... income either under section 9 or 12 of the madras impartible estates act, 1904, or under any decree or order of a court, award or other instrument in writing or contract or family arrangement, which is binding on the principal landholder (who are hereinafter called 'maintenance-holders'): provided that no such maintenance-holder shall be entitled to any portion or the ..... either under section 9 or section 12 of the madras impartible estates act, 1904, or under any decree or order of a court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder. these persons are called maintenance-holders.25. sub-section (3) empowers the tribunal to determine the debts which have to .....

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Jul 25 1969 (HC)

Addigiri Vengamumi Vs. Chukkalooru Narayanappa and anr.

Court : Andhra Pradesh

Decided on : Jul-25-1969

Reported in : AIR1970AP337

narasimham, j.1. the writ petition has been referred to the full bench for disposal as raising an important question as to the jurisdiction of an election tribunal constituted under the andhra pradesh municipalities act, 1965 (act vi of 1965) to go into the question whether certain of the votes were cast by voters who were under-aged being less than 21 years of age and for that purpose to order inspection of ballot papers.2. the question has arisen this way; at municipal council, dharmavaram, on 24-9-1967 the petitioner vengamuni, and the 1st respondent narayanappa, w ere the candidates who contested from ward no. 7. the total votes polled in that ward were 680 out of which narayanappa secured 325 votes and the petitioner secured 331 votes, 24 votes having been invalidated. the petitioner was duly declared to have been elected to the municipal council from ward no. 7. narayanappa the defeated candidate, filed an election petition o. p. no. 107 of 1967 before the election tribunal (the subordinate judge, ananthapur) challenging the petitioner's election on various grounds. at the hearing, however, he pressed only one ground that certain voters were under-aged on the date of election and their names were fraudulently inserted in the electoral roll, and even at the time of voting objections were raised before the polling officer and the result of the election was affected by reception of such votes.narayanappa also filed an application before the election tribunal for the .....

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