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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: chennai Year: 1969 Page 1 of about 43 results (0.038 seconds)

Jul 23 1969 (HC)

Queensland Insurance Co., Ltd. Vs. Rajalakshmi Ammal and ors.

Court : Chennai

Decided on : Jul-23-1969

Reported in : (1970)1MLJ151

..... held that when the vendor sold the car, the insurance policy automatically lapsed. it is clear from the decision that an insurance policy is a contract of personal indemnity and the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. the following passage at ..... no reason to doubt the same.7. it is clear from paragraph 855 at page 373 of chitty on contracts, volume 2 that a contract of insurance will normally be construed at a contract of indemnity. it is clear from paragraph 913 of the same volume 2 at page 403 that the main cover will ..... to the prior owner , t.m. radhakrishna chetty , the terms of the the policy prohibiting the hiring of the vehicle will disentitle him to any indemnity.15. in the result, the decree and judgment of the learned principal subordinate judge in so far as it makes the appellant liable for the claims in ..... vehicle runs without the cover of a policy. this decision does not lay down that in the case of policies issued to a particular person containing indemnity clause in his favour alone and not providing specifically for transfer with the assent of the insurer, the policies will not lapse by transfer of ownership ..... sub-section (5) of section 95 of the motor vehicles act refer to indemnity only of the person or classes of persons specified in the policy and the nature of the policy of guarantee depends upon the terms of the contract read along with the provisions of the act. it has been held in the .....

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Feb 24 1969 (HC)

D. Paul David Vs. State of Madras Represented by Secretary, Industries ...

Court : Chennai

Decided on : Feb-24-1969

Reported in : AIR1970Mad432

..... contended that there is no reasonable basis for classifying persons employed on contract for fixed period separately and distinctly from those who are not so employed and as i pointed out' already, there is a reasonable nexus or connection between such classification and ..... the parties, and the tenure of the employment is the subject-matter of specific agreement between them, while in the case of a person who is not employed on a contract for fixed period, but whose tenure is governed by the rules and regulations applicable to the particular institution or establishment, the position is entirely different. consequently, it cannot be ..... the powers conferred by section 6 of the madras shops and establishments act (madras act 36 of 1947), his excellency the governor of madras hereby exempts, permanently persons employed on contract for fixed periods from the provisions of section 41 of the said act.'mr. b.r. dolia, learned counsel for the petitioner, sought to sustain his argumenton two different ..... 14 of the constitution of india, since it discriminates the petitioner herein as against the other employees, solely on the basis that the petitioner's services are governed by a contract for a fixed period. for the purpose of appreciating this contention, it is necessary to refer to one or two provisions of the madras shops and establishments act 1947, ( .....

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Mar 18 1969 (HC)

The State of Madras Represented by Its Chief Secretary, Govt. of Madra ...

Court : Chennai

Decided on : Mar-18-1969

Reported in : AIR1970Mad316; [1969]24STC274(Mad)

..... the constitution, for example, the provision contained in the madhya bharat sales tax act assessing importers but exempting local products, or the provision in cannon dunkerley's case assessing works contracts which did not involve sales and was therefore, ultra vires, or a provision to assess hire purchases which have been held to be not sales for the purpose of the ..... of that statute or anv of the provisions thereof under which it functions. in the above case, the supreme court had to consider a transaction which was admittedly a works contract. under tha sales tax law in force before the decision of the madras high court in cannon dunkerley and co. v. state of madras, (1954) 5 stc 216 = (air 1954 ..... what has been paid by him is one paid under a mistake of fact and law and therefore, refundable under the general principle stated in section 72 of the indian contract act. (2) under the scheme of the sales tax act, the assessing authority is also given power to decide the jurisdictional question which arises in such cases, namely whether a ..... mad 1130) turnover under works contract was assessable. but the madras high court held in that decision that the inclusion of works contract in the definition of sales was ultra vires, and this decision was confirmed by the supreme court in state of madras v .....

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Jun 16 1969 (HC)

T. Linga Gowder Vs. State of Madras, Represented by the District Fores ...

Court : Chennai

Decided on : Jun-16-1969

Reported in : (1970)1MLJ503

..... government, in law, cannot retain and for restraining the government from taking coercive measures against him for recovery of the deficiency. when it is found that there is no valid contract between the plaintiff and the government the claim for deficiency put forward by the government cannot stand. equally the government cannot claim to retain the earnest money deposited by the ..... can withdraw it at any moment until an absolute acceptance has taken place.in somasundaram pillai v. provincial government of madras : air1947mad355 , the division bench observed:to have an enforceable contract there must be an offer and an unconditional acceptance. a person who makes an offer has the right of withdrawing it before acceptance, in the absence of a condition to ..... is subject to confirmation. it was not signified in any manner at the time of the auction that the plaintiff's highest bid was accepted. there was, therefore, no concluded contract, and, before there was confirmation by the district forest officer, the plaintiff withdrew his bid. even if in the circumstances the acceptance of the plaintiff's bid could he spelled ..... by confirmation in accordance with the conditions of the sale, he had withdrawn his bid. the learned subordinate judge, nilgiris, upheld the plaintiff's contention that there was no concluded contract and granted him the declaration as prayed for and decree for the refund of the earnest deposit. on appeal, the learned district judge, coimbatore, took the view that there was .....

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Dec 31 1969 (HC)

Wheels India Limited Vs. Khemchand Rajkumar and anr.

Court : Chennai

Decided on : Dec-31-1969

Reported in : (1970)2MLJ648

..... property in the said goods thereupon passed to the plaintiffs. none of the defendants had any further obligation or liability whatsoever to the plaintiffs or anybody else under the said contract or otherwise in respect of any eventuality or contingency including that of transhipment. the goods were off loaded at saigon from the vessel under instructions and directions from the government ..... of the united states of america. such a fundamentally different situation arose unexpectedly through no fault of any of the parties and could not be reasonably foreseen. the said contract in the premises ceased to bind the parties thereto and become incapable of being performed. the first defendant does not admit the particulars of alleged extra charges or freight charges ..... mentioned therein to the plaintiffs. the correspondence shows that the first defendant had played the role of only a negotiator on behalf of the second defendant in respect of the contract and have done nothing except bring the plaintiffs and the second defendant together into the contractual relationship. when there was delay in the arrival of the ship, the plaintiffs ..... defendant for the transhipment of the goods from saigon to madras and not the first defendant. there is therefore absolutely no basis for upholding the plaintiffs' contention that the contract for the supply of goods was made by the first defendant on behalf of the second defendant. it necessarily follows that there is no room for invoking any presumption that .....

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Apr 08 1969 (HC)

Doraipandi Konar Vs. P. Sundara Pathar

Court : Chennai

Decided on : Apr-08-1969

Reported in : AIR1970Mad291

..... petitioner. as observed in chedilal v, bhagwandas, ilr(1889) all 234 , by the use of the word 'lawfully' in section 70 of the indian contract act, the legislature had in contemplation cases in which a person held such a relation to another as either directly to create or by implication reasonably to ..... for in the agreement. the observation of the court that the obligations undertaken by the tenant or the landlord to effect repairs by virtue of the contract will be imported into the terms of the statutory tenancy is consistent with, and, indeed, is in pursuance of the provisions of the act themselves, ..... there is no general saving clause in the rent control act of 1960 to the effect that the provisions of the act are subject to the contracts of tenancy, on the other hand, the legislature has, wherever it thought fit that the rights and obligations found in the tenancy agreement should be ..... rent payable in respect of the building for that year.' 9. section 108 of the transfer of property act states thus:--'in the absence of a contract or local usage to the contrary, the lessor and lessee of immoveable property, as against the one another, respectively, possess the rights and are subject ..... the entire amount claimed by him. hence the revision. it may be observed that he, however, repelled the contention that section 70 of the indian contract act was applicable to this case.5. the first question which arises for consideration is whether the respondent is entitled to base his claim upon the .....

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Jan 09 1969 (HC)

V.M. Nissar Ahmed and ors., Minors by Guardian and Next Friend V.C. Ab ...

Court : Chennai

Decided on : Jan-09-1969

Reported in : (1970)1MLJ512

..... partnership was not dissolved but has been continued by the fifth and sixth defendants. there can be and there is no change in the character of the partnership thereafter. the contract of partnership contemplates the male heirs of the original partners joining the partnership and continuing the business. no doubt the option is with them. 'the surviving partners, the fifth ..... partnership is a partnership at will? whether the parties to the contract of partnership could have intended, while providing in-specific terms for the continuance of the partnership business and the maintenance of the goodwill in the firm despite retirement or death ..... , the contract gave the male heirs of the deceased partner option to join in the partnership firm and continue in the business as partners. the question for consideration is whether such a ..... of the second plaintiff to have become a partner on the death of rasheed, the fifth defendant and the sixth defendant were partners, and they admittedly continued the business. the contract of partnership, while providing for the retirement of one or other of the partners, provided for its being continued without dissolution. on the death of one of the original partners .....

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Nov 12 1969 (HC)

N. Muthiah Achary and Sons Vs. State of Madras

Court : Chennai

Decided on : Nov-12-1969

Reported in : AIR1970Mad346; [1970]25STC350(Mad)

..... few of them. in man industrial corporation ltd v. the state, (1966) 17 stc 152 : air 1965 hal 234 the court was interpreting a contract, whereunder the assessee. undertook to fabricate steel doors, windows, sashes and works of allied nature and fix them according to the directions of the government ..... provides the labour required for the execution of the totality of the work and further agrees to receive a consolidated sum as consideration therefor, the contract is one and indivisible. in the instant case, from the nature of things. it cannot be predicated that the assessee intended to sell the ..... this court and the supreme court in similar circumstances and whilst considering other allied matters.3. it is now well settled that, when a contract is for fabricating goods of a specification and also for the purpose of affixing the same in immoveable property and the contractor simultaneously obliges himself ..... company. the tribunal, after noting the essential facts as cited by us, came to the conclusion in the beginning that that was a works contract. we may state that the assessing authority was of the view that the disputed turnover was relateable to sale of materials and even so the ..... madras, pvt. ltd., to provide and fix doors and window frames for certain quarters to be constructed by the aforesaid company. there is no written contract evidencing the bargain between the parties. while quoting for the works, the assessee sent up to the company a memo which reads as follows--'providing .....

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Sep 11 1969 (HC)

A. Gnanasikhamony Vs. Palukal Panchayat

Court : Chennai

Decided on : Sep-11-1969

Reported in : AIR1970Mad360; 1970CriLJ1239

..... , charges, fees, rents, expenses, contributions, and other sums which under this act or any rule, by-law or regulation made thereunder or any other law or under any contract including contract in respect of water-supply or drainage made in accordance with this act, and the rules, by-laws and regulations are due by any person to the corporation shall, if ..... it did not want to confer such power to the district board, village panchayat, town panchayat or panchayat union to collect any amount due to the, panchayat under a contract. the legislature then passed the madras panchayats act, 1958 and the government framed the rules thereunder, and followed the pattern provided under the madras district boards act and the madras ..... respectof the mode of recovery by distraint andby prosecution. it is therefore, clear fromthe provisions of these acts that wherever the legislature intended to includethe amount due under the contract alsoto be recovered by the mode of distraintand prosecution, it specifically said so.when there is an omission in thepanchayat act, the omission must be takento be a deliberate ..... collection of taxes, namely, by distraint and if distraint becomes impracticable, by prosecution. 5. now, the question is whether this rule includes the amount due to the panchayat under a contract between the panchayat and the third party under any of the heads mentioned therein. it is clear that the specific heads provided therein, namely, costs, damages, compensation, penalties, charges, .....

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Nov 11 1969 (HC)

Spirit Warehouse Vs. the State of Madras

Court : Chennai

Decided on : Nov-11-1969

Reported in : [1970]26STC228(Mad)

..... of property in the bricks from the appellant to the company for consideration and therefore there was a sale liable to sales tax. there also the contract was that the assessee was to be provided with the land free, from which bricks had to be manufactured. the question that arose was whether what ..... already suffered a tax at its first sale. in the bills issued by the petitioners they have given the certificate. thus we see that the contract in question entered into between the petitioners and the company provided for a transfer of property in the goods for valuable consideration and such a transfer ..... do not agree, the entire course of conduct adopted by both the petitioners and the company has to be looked into and the words in the contract ought not to be taken out from its context and weighed, dealt with and interpreted de hors the other facts and circumstances attendant upon the dealings ..... would say that the sale is not a first sale. his other contention is that the petitioners are not entitled to the benefit, because the contract in question would disclose that the intention of the parties was that there should be no sale but merely a supply of a finished product with the ..... the nature of the dealings between them and messrs e.i.d. parry limited, hereinafter referred to as the company and urged that there was a contract between themselves and the company, where under certain raw materials such as rosin, shellac etc., were supplied by the petitioners to the company and the company .....

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