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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Year: 1988 Page 1 of about 13 results (0.011 seconds)

Apr 26 1988 (HC)

Commissioner of Income-tax Vs. Gautam Sarabhai Trust

Court : Gujarat

Decided on : Apr-26-1988

Reported in : (1988)71CTR(Guj)132; [1988]173ITR216(Guj)

..... that the words used, even in their literal sense, are the primary and ordinarily the most reliable source of interpreting the meaning of any writing : be it a statute, a contract or anything else. but it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary; but to remember that .....

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Jun 18 1988 (HC)

Physical Research Laboratory and ors. Vs. Dr. Mukul Sinha

Court : Gujarat

Decided on : Jun-18-1988

Reported in : (1988)2GLR1355

..... section 51 reads as follows:51. save as otherwise provided by or under this act, every salaried officer and teacher of the university shall be appointed under a written contract. the contract shall be lodged with the registrar of the university and a copy thereof shall be furnished to the officer or teacher concerned.section 51a reads as follows:51 a. (1 ..... any fundamental right of the petitioner.in that decision, in paragraph 28, it has been further held that:28. the petitioner's counsel, however, contends that person appointed on contract basis, persons similarly situate, were given extension of their term and therefore the non-extension of service to the petitioner was contrary, attracting articles 14 and 16 of the constitution ..... absent without leave: any employee who absents himself for eight consecutive working days without leave shall be deemed to have left the company's service without notice thereby terminating his contract of service. if he gives an explanation to the satisfaction of the management, the absence shall be converted into leave without pay or dearness allowance.any employee leaving the ..... the service of the employee. proposed termination would mean that the employer purposes to terminate an employee's services, which would have otherwise continued till the expiry of the contract. he also submitted that the provision of giving a reasonable opportunity of showing cause and holding an enquiry also supports his contention that the termination of service is as a .....

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Oct 28 1988 (HC)

Abad Dairy Dudh Vitaran Kendra Sanchalak Mandal Vs. State of Gujarat a ...

Court : Gujarat

Decided on : Oct-28-1988

Reported in : [1989(59)FLR398]; (1989)1GLR539; (1990)ILLJ187Guj

..... may entail penal consequences on daily as well; and that the degree and manner of supervision does not render the agreement in question as one of contract of service. it has further been averred that the method of payments in respect of the milk sold would show that the commission agent does not ..... the relatives of the commission agent and are persons with whom there is no agreement. the aforesaid would not have been possible had it been a contract of service. 11. it has further been averred in the said affidavit that there is no real supervision or control of the dairy over the manner ..... and that there are about 50 such instances, some of which have been stated in the statement at annexure c to the said affidavit. 10. the contract of service is always personal in nature. it is stated in the said affidavit that in majority of the cases, the work under the agreement is ..... and about 5 have even crossed the age of 75 years. this is a clear indication that the old agreement between the parties was not a service contract and was not containing service conditions. the above deponent has given a complete statement at annexure b to the affidavit, giving particulars of some such commission agents ..... go to the root of the matter arise for consideration :- (1) whether the agreement or agreements, as the case may be, between the parties are service contracts so that the members of the petitioner-union can be regarded as 'workmen' within the meaning of the said act (2) if no, whether both or either .....

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Dec 28 1988 (HC)

Rasiklal Damjibhai and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Dec-28-1988

Reported in : (1989)2GLR1229

..... special permits under the said sections 63(6) and 63(7) were also for all practical purposes operating as stage carriage services masquerading as contract carriages. to all intents and purposes, the case of all the appellants fell within the compass of aforesaid section 129a of the act on ..... , it has reference to tourist vehicles. 'tourist vehicle' is defined vide section 2(29a) of the act as under:'tourist vehicle' means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as the state government may. by notification in the official gazette, specify ..... no. 1 separately hereinafter. from the aforesaid, it is clear that all the appellants were having permits in respect of their vehicles, which were contract carriages, within the meaning of section 2(3) of the act. when we consider the aforesaid definition regarding stage carriage and also the aforesaid ..... consideration that the third condition of section 129a was not satisfied, namely, that there is no breach of any condition of special permit for contract carriage relating to the purpose for which vehicle may be used.6. in the aforesaid view of the matter, the learned single judge concluded ..... user of the vehicles in question, the petitioners were not armed with any permit at all. special permits for user of the vehicles as contract carriages cannot cover unauthorised user of such vehicles as stage carriages at the relevant time. therefore, for such type of user detected on spot, .....

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Aug 19 1988 (HC)

Naranbhai Jivram Patel Vs. Naranbhai Jothidas Patel and anr.

Court : Gujarat

Decided on : Aug-19-1988

Reported in : AIR1989Guj181; (1989)1GLR21

shah, j.1. t his appeal has been directed against the judgment an order dt. 29-3-79 rendered in special civil application no. 174 of 1978. appellant herein is the original petitioner.2. a few facts require to be noticed at the outset. in the aforesaid petition, the reliefs claimed, inter alia, were as under : -'17(a) that your lordships will be pleased to issue a writ of or in the nature of certiorari or any other writ, order or direction of setting ,aside the judgment and order dt. 21st jan., 1978 (exh. 'e') passed by the tribunal constituted under gujarat secondary education act, 1972 below exh. 10 in application no. 208 of 1977 and appeal no. 6 of 1977;(aa) that your lordships will be pleased to issue a writ of or in the nature of certiorari or tiny other writ, order or direction setting aside the judgment and order dt. 2nd may 1978 passed by the tribunal constituted under the gujarat secondary education act, 1972 in application no. 208 of 1977 and appeal no. 6 of 1977; '3. the aforesaid petition was filed under art. 226 of the constitution. the same came to be rejected on 29-3-79.4. a preliminary objection has been taken regarding the maintainability of the present appeal.5. article 226(1) of the constitution, as it stood prior to its amendment by the 42nd amendment act, 1976 and after its amendment by the 42nd amendment act provided as follows :-before amendment226(l) notwithstanding anything in art.32, every high court shall have power, throughout the territories, in .....

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Jan 20 1988 (HC)

Modern Food Industries (India) Ltd. Vs. M.D. Juvekar

Court : Gujarat

Decided on : Jan-20-1988

Reported in : (1988)1GLR481; (1988)IILLJ534Guj

..... staff regulations forms part of the contract of employment by which every employee belonging to categories i, ii and iii stands governed. every employee who joins the company is expected to abide ..... such a clause, therefore, is opposed to public policy and being opposed to public policy, it is void under section 23 of the indian contract act.' the appellant no. 1 company before us is a government company having units all over the country including ahmedabad. clause 2.18 of the ..... persons and it squarely falls within the principle formulated by us above. several statutory authorities have a clause similar to rule 9(i) in their contracts of employment. as appears from the decided cases, the west bengal state electricity board and air india international have it. several government companies apart ..... law in this country and the statutes of the united states and united kingdom, came to the conclusion that if a clause in a contract smacks of unreasonableness or lack of fairness emanating from inequality of bargaining power between the parties, courts of law will regard it as opposed to ..... an unguided and arbitrary power on the management to terminate the services of a permanent employee without giving any reason whatsoever. section 23 of the contract act states that the consideration or object of an agreement is lawful unless, inter alia, the court regards it as immoral or opposed to .....

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Apr 29 1988 (HC)

Gujarat Water Supply and Sewerage Board, Gandhinagar Vs. Unique Erecto ...

Court : Gujarat

Decided on : Apr-29-1988

Reported in : AIR1988Guj233; (1988)2GLR1192

..... or as to any other questions, claim, right, matter or thing, whatsoever, in any way arising out of, or relating to the contracts, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whatever, arising during the progress of ..... in the notice.'53. in ashok construction company v. union of india : (1971)3scc66 the relevant clause of the arbitration agreement provided :'except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work ..... decide the question of arbitrability or to decide the disputes between the parties subject to their admissibility or arbitrability in the light of the provisions of clause 30 of the contracts. the arbitrator has clearly conveyed by the aforesaid recital in the award that, bearing in mind all the 'above' aspects which would undoubtedly include the aspect of ..... near shalimar cinema, gandhinagar.whereas m/s. unique erectors (gujarat) pvt. ltd., ahmedabad and the gujarat water supply& sewerage board. gandhinagar who are the parties to the contract for both the works above named have appointed me vide their letter dt. 16-2-84 of gujarat water supply & sewerage board as sole arbitrator to adjudicate upon their respective .....

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Feb 22 1988 (HC)

Tata Chemicals Ltd. and anr. Vs. State of Gujarat

Court : Gujarat

Decided on : Feb-22-1988

Reported in : (1988)1GLR589

..... collect the same as arrears of land revenue, impose penalty in the case of frequent defaults or even terminate the lease as a last resort. under the terms of the contract, the lessee is required to pay dead rent or royalty, whichever is higher in amount, but not both. royalty is to be computed on the mineral produced or despatched. the ..... that 'royalty' was neither a tax nor a fee but was more akin to rent this is how the court approached the matter:royalty thus has its basis in the contract between the grantor and the holder of a mining lease, and it is not a compulsory charge for holding such lease but payment to the owner of the minerals for .....

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Aug 08 1988 (HC)

J.J. Shrimali Vs. District Development Officer, Mehsana and ors.

Court : Gujarat

Decided on : Aug-08-1988

Reported in : (1989)1GLR396

..... service must be terminated under a stipulation contained therein. in the present case the stipulation is that on a particular event happening viz., conclusion of the scarcity relief operation, the contract of service will come to an end. that clearly falls within the second part of clause (bb). we are, therefore satisfied, that clause (bb) takes the termination in the present ..... basis and was to last till scarcity works were in progress and that the services will be liable to termination without notice and without assigning any reason whatsoever. thus the contract of employment carried a stipulation that the services of the petitioner will end as soon as the scarcity relief work is wound up or ceases. the petitioner were, therefore, told ..... inflicted by way of disciplinary action, but does not include : (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf : or (c) termination of the service of a workman on the ground of continued ill ..... (00) which reads as under : '(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein'. on a plain reading of this clause it is obvious that it excludes .....

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Sep 06 1988 (HC)

Khemabhai Virabhai and ors. Vs. Ashok Mills Co. Ltd. and ors.

Court : Gujarat

Decided on : Sep-06-1988

Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj

..... salary. the employer questioned the jurisdiction of the labour court. the labour court dismissed the application firstly on the ground that the workman claimed his benefit of salary under a contract and not under any settlement or an award and, therefore, it had no jurisdiction to deal with the matter and secondly because the application raised a question regarding the legality ..... in his reply denied the claim and disputed the fact that respondent no. 3 was employed as a bidi-binder but it was contended that she was binding bidis on contract basis as a piece-rated worker and that there was no relationship of master and servant between the parties. it was, therefore, contended that the labour court had no jurisdiction .....

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