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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Year: 1970 Page 1 of about 19 results (0.013 seconds)

Nov 09 1970 (HC)

Variety Body Builders Vs. Commissioner of Sales Tax, Gujarat

Court : Gujarat

Decided on : Nov-09-1970

Reported in : [1971]28STC339(Guj)

..... sales tax but they also failed. the assessees thereafter approached the tribunal but even the tribunal took a view that the contracts were not works contracts but contracts for the sale of goods and for this decision, the tribunal principally relied upon the supreme court decision given in the case ..... his separate judgment : 'significantly, the underframes remain throughout the property of the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes does not pass to the ..... quality. therefore, in our opinion, clauses 19 and 25 are such that they should conclude the question as to whether this contract was a works contract or a contract for the purchase and sale of a chattel as a chattel. moreover, by reference to clause no. 25 we find that ..... railway staff is expected to work in association with the contractor's staff for the purpose of installation of electrical equipment. these provisions of the contract, therefore, show that apart from the underframes, which were initially supplied by the railway administration, the administration was also expected to supply electrical ..... execution of the contract, and not the 'chattel' which would eventually emerge as a result of the total execution of the work. 19. then we get another group of clauses, namely, clauses nos. 24, 30, 32 and 33. clause no. 24 is with regard to the indemnity to the railway .....

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Oct 15 1970 (HC)

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Decided on : Oct-15-1970

Reported in : (1971)GLR690; (1972)ILLJ253Guj

..... the age. section 32 prescribes penalty for obstructing an inspector. section 33 prescribes penalty for the offences. section 34 deals with offences by the companies. section 35 is usual indemnity clause for acts done in good faith. section 36 provides how cognizance of the offence under the act shall be taken. 5. the exemption provisions is to be found ..... clearly establishes that the term 'employment' had always a wider connotation. there were precedents before the framers of the constitution of such a wider meaning being given, by including contract labour even in the workmen's compensation act, 1923, or in the bombay industrial relations act, 1946. even the judicial decisions have recognised this position. even the settled tests ..... requiring immediate attention in the bidi and cigar industries were the unhealthy workings conditions, long hours of work, employment of women and children, deduction from wages and the sub-contract system of organization. it was desirable to abolish the outwork system and to encourage establishment of big factories, if protective labour legislation was to be enforced with any degree ..... employment of child labour. women were also employed in large numbers in this industry. the beedi and cigar labour satisfied many of the criteria of sweated labour such as sub-contract system. long hours, insanitary working conditions, home-work (in beedi), employment of women and children, irregularity of employment, low wages, and lack of bargaining power. the conditions .....

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Dec 09 1970 (HC)

Sabarmati Reti Udyog Kamdar Sahakari Mandal Ltd. Vs. Commissioner of S ...

Court : Gujarat

Decided on : Dec-09-1970

Reported in : [1972]29STC419(Guj)

..... for the work done or no separate price for the supply of materials used in the execution of the work was fixed under the contract. (2) the contract had to be carried out on the land placed at the disposal of the assessee by the government at a nominal rent. (3 ..... the work on the site, prohibition against selling of manufactured goods to any person other than the government, prohibition against sub-letting of the contract, provisions regarding the conditions of employment of labour, payment of fair wages to the labourers and control over the employees of the contractor including ..... harmonious reading of the various conditions set out under the aforesaid three sub-headings, we find that the main features and important conditions of the contract having a direct bearing on the question which arises for our determination are as under :- (1) the assessee had to manufacture and supply bricks ..... department for the construction of gandhinagar. the assessee manufactured and supplied a large quantity of bricks under the contract and received payment for the same. 2. the assessee made an application to the commissioner of sales tax under section 52 of the bombay sales ..... work for a price. the question arises in these circumstances : the assessee, messrs sabarmati reti udyog kamdar sahakari mandal ltd., entered into a contract with the public works department of the government of gujarat on 6th september, 1965, for manufacture and supply of kiln-burnt bricks to the said .....

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Sep 21 1970 (HC)

K.A. Patel and ors. Vs. the State of Gujarat and ors.

Court : Gujarat

Decided on : Sep-21-1970

Reported in : (1971)ILLJ469Guj

order1. in the special petition under art. 226 of the constitution of india, all the 16 petitioners who have been working as 'aval karkuns' in the revenue department of the state of gujarat, have approached this high court for a writ of mandamus against the state of gujarat and the collector of ahmedabad to treat the circular at annexure c to the petition as invalid and inoperative and they have asked for an order, direction or writ, directing the collector of ahmedabad to forbear from acting upon or implementing the circular at annexure c. they have further prayed for an order directing the respondent no. 2, the collector, to forbear making orders of reversion against the petitioners merely on the grounds that they have not passed revenue qualifying examination. 2. the facts leading to this petition may be shortly stated. all the petitioners joined the service of the state government as clerks in the then state of bombay and their periods of service vary from 16 to 24 years. all the petitioners have been working as aval karkuns under the collectorate of ahmedabad in the pay scale of rs. 145-215. as shown in the annexure a to the petition, the petitioners have been working as aval karkuns for periods varying from 4 to 10 years. on march 1, 1969 the collector of ahmedabad published the seniority list permanent clerks and in the list different ranks were assigned to the petitioners as shown in column 4 of the list annexure a to the petition. accordingly to the petitioners, .....

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Nov 03 1970 (HC)

Heirs of Decd. Darji Mohanlal Lavji Vs. Muktabai Shamji

Court : Gujarat

Decided on : Nov-03-1970

Reported in : (1971)12GLR272

..... indefinite period, it does not enure for the benefit of his heirs. it is usually for the life-time of the lessee himself, unless again it clearly appears from the contract that the benefit of the lease is intended to accrue to the successor of the lessee.the law as to who is a statutory tenant and what are his rights .....

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Apr 29 1970 (HC)

indrakant M. Patel Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Apr-29-1970

Reported in : (1971)ILLJ173Guj

..... to the government by the alleged negligence of the petitioner. in the present judgment we have merely proceeded on the footing that after the letter of resignation, annexure d, the contract of service between the petitioner and the government was no longer in existence and, therefore, no departmental proceedings could have been ordered against him. 18. in the view that we ..... to attach to this relation compulsory incidents, such as liability to pay compensation low accidents. the extent to which the law is content to leave matters within the domain of contract to be determined by the exercises of the autonomous authority of the parties themselves, or thinks for to bring the matter within the sphere of status by authoritatively determining for ..... a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned. the matter is clearly stated by salmond and williams on contracts as follows :- 'so we may find both contractual and status-obligation produced by the same transaction, the one transaction may result in produced by the same transaction, the one ..... of removal granted to the president and the government under article 310. but it is obvious that the relationship between the government and its servant is not like an ordinary contract of service between a master and servant. the legal relationship is something entirely different, something in the nature of status. it is much more than a purely contractual relationship voluntarily .....

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Dec 05 1970 (HC)

Commissioner of Sales Tax, Gujarat State, Ahmedabad Vs. K.B. Mehta and ...

Court : Gujarat

Decided on : Dec-05-1970

Reported in : (1971)28BOMLR47; [1971]28STC47(Guj)

..... consumed or used up during the course of that activity, no such presumption about the purchase tax liability would arise. for instance, if for the execution of a contract for building construction, the articles like stone crusher, cement mixture or motor trucks are purchased, they would prima facie be capital assets and since such capital assets are ..... whole business activity in question. in other words, the purchases, which are found to be essential for executing a works contract, form a necessary corollary to the business in question. this position, therefore, completely reveals the nature of the relationship which different purchases made with a view to execute the ..... make their purchases from the market, such purchases would obviously become an integral part of the business undertaken by the contractor. thus 'business' activity represented by the works contract of constructing a building cannot be carried out without making purchases of the building materials. the purchase of these materials, therefore, becomes an unavoidable and integral part of the ..... of the appeal, taking the view that the trucks, which were purchased by the assessee, were accessory for transportation of materials for the purpose of effectively carrying out the contract work undertaken by the assessee and, therefore, the purchases were liable to purchase tax under section 13 of the act. the assistant commissioner also rejected the other contentions .....

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Apr 28 1970 (HC)

Dhari Gram Panchayat Vs. Shri Brahad Saurashtra Safai Kamdar Mandal

Court : Gujarat

Decided on : Apr-28-1970

Reported in : (1971)12GLR287

..... be employer and the workmen-employer relationship for the purpose of the act shall be presumed as existing between them, this presumption would arise notwithstanding the fact that the actual contract of employment may have been entered into by another person empowered to employ workmen.10. we may at this stage notice one submission of mr. nanavati. it was urged that ..... for doing work or rendering service. in the ultimate analysis in every case of employment there would be one who gave employment, and one who accepted the same. how the contract of employment was brought about is hardly material. in a case of a local authority where it has numerous branches of administration and various branches of official cadre and number ..... the employer of all the persons employed either by it or by the agent for the purpose of the said industry. it was attempted to be urged that if the contract of employment is entered into by or with the agent and yet the chief executive officer of the local authority would be the employer, he would be fastened with criminal ..... the dispute.8. mr. nanavati however very strenuously urged that notwithstanding the fact that at the relevant time, the safai kamdars were working for dhari gram panchayat, there was no contract of employment between the concerned workmen and the panchayat and reference of dispute as against the panchayat was incompetent. in other words, it was contended that the government could refer .....

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Apr 16 1970 (HC)

Daniraiji Vrajlalji Vs. Vahuji Maharaj Chandraprabha

Court : Gujarat

Decided on : Apr-16-1970

Reported in : AIR1971Guj188

..... its novelty does not add to the merits of the contention in any manner. such an executable right can arise in favour of a party as a result of a contract or a statute or by operation of law. therefore, when a person enters into a secular arrangement with another relying upon some well known consequences which follow from that arrangement ..... efficacy attached thereto. in no event he could be called reflection of a natural born son in the family and his rights and privileges would only be governed by the contract between him and the person taking him in adoption'. it was contended by the learned advocate of the appellant that these observations are of no value so far as this ..... the privileges for the time he continued to be such a son. such an adoption had absolutely no religious significance or merit and fell far short of even an ordinary contract between the parties. by reason of such an adoption the adopted person did not lose any right and the fact that he could be adopted in two or three families .....

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Dec 18 1970 (HC)

Khatija Abdulla Ibrahim Tai and ors. Vs. the National Tobacco Company ...

Court : Gujarat

Decided on : Dec-18-1970

Reported in : (1972)0GLR205; (1973)ILLJ447Guj

d.a. desai, j.1. this appeal arises out of an application made by one bai khatija abdulla ibrahim tai and her seven children as dependants of deceased abdulla ibrahim tai who died in an accident on 19th october, 1962 near sanand in ahmedabad rural district. deceased abdulla ibrahim tai was appointed as a salesman or propagandist by the national tobacco company of india limited, calcutta as per its letter of appointment dated 25th may, 1957 on a basic monthly salary of rs. 56 plus dearness allowance of rs. 20 per month. as per the terms of the appointment he was to work as salesman or propagandist for expanding the sales of the cigarettes manufactured by the respondent-company. the head office of the respondent-company is situate at calcutta. according to the applicants abdulla ibrahim tai died in a motor accident while travelling in the jeep belonging to the respondent-company on 19th october, 1962. according to the appellants as the deceased tai was an employee of the company and died in an accident arising out of and in the course of his employment, he was entitled to receive compensation according to the provisions of the workmen's compensation act, 1923. before filing the application for recovering compensation on 19th august, 1963, the appellants served a notice on 8th november, 1962. in the course of correspondence the respondent company agreed to pay only rs. 2,000 by way of compensation and the amount standing to the credit of deceased tai in the provident fund .....

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