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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Year: 1969 Page 1 of about 13 results (0.008 seconds)

Oct 14 1969 (HC)

Nadiad Electric Co. Ltd. Vs. the Nadiad Borough Municipality, Nadiad

Court : Gujarat

Decided on : Oct-14-1969

Reported in : AIR1970Guj194

..... the procedure applicable even when the previous agreement was in force and it could make no difference merely because instead of the contractual obligation, statutory obligation was substituted because the contract came to an end. there would be no question of any invidious discrimination when the two situations are totally different. in one case there is the question of a preferential ..... ordinary consumer would have even after the two years period their supply continued until they terminate the agreement by the requisite notice. as these relevant clauses of approved form of contract were not applicable to agreements with the local authority, the plaintiff's agreement. ex. 47, dated august 14, 1940, on the expiry of that period, clause 15 in terms ..... equitable distribution of energy, and in particular, the said order could direct any licensee, even not to comply except with the permission of the state government, with its existing contracts and agreements for supply to another consumer. thus, the scheme of the newly introduced sections 22-a and 22-b is an integrated scheme even though its different provisions operate ..... conferred by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government with- (i) the provisions of any contract, agreement, or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an .....

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May 02 1969 (HC)

A.R. Shukla Vs. Commissioner of Gift-tax, Gujarat

Court : Gujarat

Decided on : May-02-1969

Reported in : [1969]74ITR167(Guj)

..... section 4 are relevant and they fun a follows : '4. for the purposes of this act, -............ (c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has .....

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Feb 03 1969 (HC)

Vora Mulla Taheralai Mulla Akbaralli Vs. Manoranjan Barua

Court : Gujarat

Decided on : Feb-03-1969

Reported in : AIR1970Guj122; (1969)GLR950

..... anybody claiming under the transferor. hence the transferee as a plaintiff cannot avail himself of the benefits of the doctrine of part performance of contract for sale as against an invasion on his rights by attaching credirtor of the transferor.' in that case the orissa high court has dissented ..... plaintiff had an unregistered document of sale in her favour and since she was already in possession of the property, the continued that possession under the contract of sale. the subsequent purchaser from the owner obtained an order of eviction. she filed objections under o. 21, rules 99 and 100, but ..... . the question arose whether under section 53-a of the transfer of property act, a person in possession of the property under an unregistered contract of sale could maintain such an action. the judicial committee negatived the right of the plaintiff to maintain an action of this kind. while ..... though the transferee has not acquired any title to the property by a registered document. the fourth paragraph therefore, lays down that even though the contract, though required to be registered, has not been registered, or, that the transfer has not been completed in the manner prescribed therefor by the ..... itself create any interest in or charge on such property'. there is therefore no room for the application of the english equitable doctrine that 'a contract for sale of real property makes the purchaser the owner in equity of the estate'.'9. mr. patel, the learned advocate for the plaintiff .....

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May 02 1969 (HC)

Commissioner of Gift-tax, Gujarat I Vs. Taramati Hariprasad Vasa

Court : Gujarat

Decided on : May-02-1969

Reported in : [1969]74ITR211(Guj)

..... . section 4(c) of the act provides as follows : '4. for the purposes of this act, -......... (c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent, to which it has ..... first part of the definition of 'gift' in section 2(xii) of the act; and further that there was no question of release, discharge, surrender, etc., of any debt or contract covered by section 4(c). it was also held by the tribunal that the assessee could not be said to possess any actionable claim as defined in section 3 of .....

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Nov 21 1969 (HC)

Naniben D/O. Narsinh Vanmali Vs. Maganbhai Durlabhbhai and anr.

Court : Gujarat

Decided on : Nov-21-1969

Reported in : (1971)12GLR245

..... to which this act applies.section 106 of the transfer of property act provides for the notice of termination of a lease by providing that in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be lease from year to year, terminable, on .....

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Jun 17 1969 (HC)

Bai Bhanbai Mavji Vs. Kanbi Karshan Devraj and anr.

Court : Gujarat

Decided on : Jun-17-1969

Reported in : AIR1970Guj137; 1970CriLJ962; (1970)0GLR581

..... valid divorce had at all taken place between her and her previous husband kanji and, therefore, she had her previous husband living at the date when she contracted re-marriage with the opponent. in fact she does not refer to any such divorce between her and her previous husband kanji in her evidence in the ..... living at the time of marriage after the act came in force. if, therefore on the evidence it is found that at the time when she contracted re-marriage with the opponent, her previous husband kanji was alive and that she had not obtained any valid divorce from him, her marriage with the ..... ) and (v) of section 5. it is followed by section 12 which relates to voidable marriages. the contention is that at the time when the applicant contracted re-marriage with the opponent, her previous husband was alive, and if that were so, her marriage that took place with the opponent was null and void under ..... legally wedded wife of the opponent. in the case before us it is the reverse in the sense that the applicant had a living husband when she contracted re-marriage with the opponent. that question has, therefore, to be considered with a view to find out if she was the wife meaning the legally ..... husband alive and therefore, her alleged marriage with him was void. she cannot therefore, be said to be his lawfully married wife, even if she had contracted re-marriage with him. that was upheld by the court and consequently it was found in agreement with the trial court, that she was not entitled to .....

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Nov 26 1969 (HC)

Jhala Umedsinghji Merubhabhai Vs. Indumati Markandrav Trivedi

Court : Gujarat

Decided on : Nov-26-1969

Reported in : AIR1971Guj214; (1970)11GLR848

..... under a legal liability to make a payment. we see no reason for limiting the scope of the article. cases falling under section 70 of the contract act are certainly covered by the language of this article.' it is clear that the learned judges in applying article 61 only disallowed the contention that ..... of the limitation act. the appellant before the high court urged that article 116 would apply which related to a suit for compensation for breach of a contract in writing registered. however, we are not concerned with this discussion and we would turn to the part of the judgment which deals with article 61. ..... whether such land was used by the occupant or by tenants or by trespassers. under law the plaintiff had become directly liable and no question of contract arose on the pleadings as there was no contractual relationship between the plaintiff and the defendants who were using the land as their own. manifest in ..... between the landlord and the person who actually executed the repairs. the liability to pay to that third person is only of the tenant based on contract between him and the third person. the liability of the landlord to pay is only to the tenant under the statute. the third party has no ..... it was argued that this article would apply only in cases where the money was payable by the defendant to the third party either under a contract or under a statutory liability and not otherwise. in the case where the tenant gets the premises repaired under the right given to him by section .....

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Jul 10 1969 (HC)

Arvindbhai Motibhai Patel Vs. Hargovind Parshottam Patel and anr.

Court : Gujarat

Decided on : Jul-10-1969

Reported in : AIR1971Guj20; 1971CriLJ368

j.m. sheth, j.1. this is an appeal filed by a food inspector of bhavnagar municipality against the acquittal order passed by the learned judicial magistrate, first class, bhavnagar, mr. d. a. chhaya, in a criminal case no. 860 of 1965 in favour of respondent no. 1 (who will be hereinafter referred to as the accused). the accused was prosecuted for allegedly selling adulterated honey. he was prosecuted for an offence punishable under state. 16 (1) (a) (i) read with section 7(i) of the prevention of food adulteration act, 1954 (central act no. 37 of 1954) which will be hereinafter referred to as the act, alleging that the accused had sold adulterated honey on 25th june, 1965 to the food inspector, bhavnagar. it was taken for the purposes of analysis. at the time the sample was taken, the accused had declared that the honey sold by him to the complainant was purchased by him from khed-brahma madhu udyog kendra, ahmedabad and in support of that version of his, he had produced some original bills, exs. 12 to 14. he had requested that a process be issued against the proprietors of the said concern and accordingly, a process was issued against them and they appeared before the trial court. finding that there was no evidence to incriminate them, they were discharged under section 253 (1) of the criminal procedure code. a charge was framed against the accused. the prosecution led the evidence to establish that charge. the accused was examined under section 342 of the .....

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Apr 28 1969 (HC)

Vaghela Dahyabhai Chaturbhai Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Apr-28-1969

Reported in : (1970)11GLR386

..... articles on payment of price, and such a contractor was not an employee. the matter was, therefore, one held to be fit for a claim of damages for breach of contract for which a proper remedy was a civil suit and the petition was held to be wholly misconceived. that decision can have no application to the facts of the present ..... getting a grant from the government. the petitioners had no fundamental right or even a legal right, statutory or otherwise, to become lessee from the government or to get this contract in their favour and, therefore, these petitions were entirely incompetent and misconceived. mr. nanavati in this connection vehemently relied upon the decision in c.k. achuthan v. state of kerala ..... : air1959sc490 . in that case the government had terminated the contract for supply of milk to the govern ment hospital which the petitioner carried out for about 11 years. the government did not give to the petitioner the ..... it been shown how article 31 of the constitution may be invoked to prevent cancellation of a contract in exercise of powers conferred by one of the terms of the contract itself. their lordships further held that a contract for the supply of goods is not a contract of employment in the sense in which that word has been used in the article 16 .....

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Nov 25 1969 (HC)

Luvana Thakarsi @ Shankerlal Karsandas Vs. Bhatia Hirji Damodar and or ...

Court : Gujarat

Decided on : Nov-25-1969

Reported in : (1971)12GLR397

..... of the law the learned judge has observed that under section 15 of the act it has been provided that notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of the act for any tenant to sub-let the whole or any part of the premises ..... .4. section 15(1) of the rent act which has a bearing on the subject, reads as follows:15(1). notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this act for any tenant to sub-let the whole or any part of the premises .....

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