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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Year: 1991 Page 1 of about 25 results (0.034 seconds)

Aug 20 1991 (HC)

Kumari Binita Through Her Natural Guardian Bharatkumar C Banker Vs. Li ...

Court : Gujarat

Decided on : Aug-20-1991

Reported in : (1992)2GLR1258

..... the risk on their lives would be covered thereafter. the deponent of the said affidavit has further pointed out that life insurance contract is not a contract of indemnity and in order that there shall be insurable interest for the purpose of covering the risk of death, the date of vesting of ..... counsel further submitted that the terms of contract which have been entered into between the corporation and the petitioner are not vitiated on any of the grounds like coercion, undue influence, fraud misrepresentation ..... terms of the policy cannot be said to be unreasonable or unconscionable and having understood the terms of the policy the petitioner had entered into contract with the respondent no. 1-corporation and therefore, the petitioner is not entitled to any of the reliefs prayed for in the petition. learned ..... minor in fact the minor would not be entitled to the benefit of policy till the deferred date and therefore, the terms of the contract being unreasonable and unconscionable, it must be set aside and the life insurance corporation should be directed to extend the benefit immediately to minor ..... the first respondent in its commercial function. it has been pointed out in the said reply that as minor children cannot enter into any contract, the plans of assurance under tables 80 and 81 have been specifically and specially formulated with a view to enabling children to secure life .....

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Jan 23 1991 (HC)

State Bank of India Vs. Smt. Kusum Vallabhdas Thakkar

Court : Gujarat

Decided on : Jan-23-1991

Reported in : (1994)1GLR655

..... and also security for the performance of that guarantee and it is a perfectly legitimate and legal way of conducting such commercial transactions. in fact chapter viii of the contract act deals with indemnity and guarantee and provides for this kind of tripartite arrangement.10. as regards consideration, it is true that no direct consideration flowed from the plaintiff to the defendant ..... such tripartite arrangement, anything done for the benefit of the principal debtor is a sufficient consideration to the surety for giving guarantee as expressly provided in section 127 of the contract act. thus, even though there is no consideration to the third party-surety for mortgage, the consideration of having done anything for the benefit of the principal debtor is a ..... therefore, in an agreement to execute mortgage, if there is any promise by the creditor to advance monies on creation of such mortgage, there cannot be specific performance of the contract to lend money. but when the lender has advanced the money and the debtor has agreed to create a mortgage, that agreement is specifically enforceable. this proposition has been laid ..... incomplete statement and incomplete quotation. that paragraph from mulla further reads as under:(e) in south african territories ltd. v. wallngton (f) lord macnaghten said that specific performance of a contract to lend money cannot be enforced is so well established, 'and obviously so wholesome a rule, that it would be idle to say a word about it' the remedy for .....

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Sep 20 1991 (HC)

Commissioner of Income-tax Vs. Yoganand Textiles

Court : Gujarat

Decided on : Sep-20-1991

Reported in : [1993]202ITR869(Guj)

..... remuneration, it should follow that the work which is done by the partner even if he is not obliged to do under the terms of the contract of the statutory provisions, is the work which is in effect done by the partnership firm itself, the partner acting as its agent. therefore, whatever ..... the firm, and observed that inasmuch as a partner is bound to attend to his partnership business without anticipating any commission or other remuneration, any contract providing for the payment of commission or other remuneration may have as its object the diverting of the firm's income into the hands of the ..... decision of the andhra pradesh high court in cit v. chitra kalpana [1988] 169 itr 678, in which, it was held that there was no contract among the partners that the managing partner should furnish the story for producing films or that the other partner should direct the films and, in such circumstances ..... provisions of section 12 and 13 of the indian partnership act which deal with relations of partners to one another, inter alia, provide that subject to contract between the partners, each partner is bound to attend diligently to has duties in the conduct of the business and a partner is not entitled to receive ..... however, when the partner renders service or does the service which he is not at all obliged or supposed to do under the terms of the contract or under the statutory provision, then payment made to him for any work done for the firm would stand on the same footing as any expenditure .....

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Dec 20 1991 (HC)

Dr. C.A. Shah Vs. Gujarat Cancer and Research Institute

Court : Gujarat

Decided on : Dec-20-1991

Reported in : (1992)1GLR687

..... post, i.e., head of gynaecology department, no relief can be granted in this writ petition because for that post there is no statutory protection. it is based only upon contract between the petitioner and the respondent. for his status as a professor the petitioner seeks protection under section 51a. for this purpose the question which would require determination is whether ..... university will not become a statutory body since it is not created by or under a statute. and the dismissed employee of such institution cannot get specific performance of service contract. the court pertitinently observed in paragraph 19 as under:in educational institutions, the court cannot focus only on the individual forgetting all the. 'the court must have regard to ..... provisions of the university act or the statutes made thereunder it must be deemed to be a statutory body.'the court then proceeded 10 consider the next question regarding a contract of personal service being specifically enforceable. after referring to the decisions in s.r. tewari v. district board agra : (1964)illj1sc executive committee of u.p. stale warehovsins corporation ..... a public body, and employment of a teacher in the college partakes the character of employment in a public utility service and therefore even if it has its origin in contract, it ultimately confers upon the teachers status and therefore, a degree of irremovability except in accordance with statutory mandate and with the concurrence of some authority other than the .....

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Jun 28 1991 (HC)

Brooke Bond India Limited Vs. State of Gujarat

Court : Gujarat

Decided on : Jun-28-1991

Reported in : (1991)2GLR1225

..... of this position the contention raised by learned counsel mr. pathak for the assessee that the transaction is in the form of a works contract cannot be accepted. 40. looking to the abovesaid position it becomes clear that both the abovesaid questions referred to us require to be answered ..... case of hindustan aeronautics ltd. v. state of karnataka : [1984]2scr248 . in this decision while putting the significant difference, between the works contract of service and contract for sale of goods, very succinctly, the supreme court has observed thus at page 320 of stc (para 13 at page 748 of air ..... the materials, is conclusive, although such matters may be taken into consideration in determining, in the circumstances of a particular case, whether the contract is in substance one for work and labour or one for the sale of a chattel.' 36. the question regarding the nature of transaction ..... passed three separate assessment orders saying that the transactions entered into by the assessee-company with the agriculturists and farmers would not constitute the works contract. the alternative contention raised by the assessee-company, that the sales of chicory roots in the instant case would be tax-free under ..... matters were taken up for the assessment by the sales tax officer, ahmedabad, the assessee-company had claimed that the transactions were works contracts, and therefore they did not attract any tax whatsoever under the act. the assessee-company therefore had requested that the amount of purchase .....

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Jul 16 1991 (HC)

The Growth Leasing and Finance Ltd. Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-16-1991

Reported in : [1992]85STC25(Guj)

..... in the cases of transfer falling in clauses (a), (b), (c), (e) and (f) at one or other stage, property in goods passes to the purchaser. in case of works contract, at some stage the property in goods passes on to the purchaser. in case of hire-purchase, the same result occurs. in case of supply of goods, the goods either ..... ) and all materials, articles and commodities including standing timber and things attached to or forming part of the land, which are agreed to be served before sale or under the contract of sale. it is contended that by placing plant and machinery in schedule iv, in essence, the state legislature is trying to tax transfer of rights in immovable property. 9 ..... form) involved in the execution of a works contract; (c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments; (d) a tax on the transfer of the right to use any ..... (forty-sixth amendment) act, 1982, reads as follows : '(29a) 'tax on the sale or purchase of goods' includes - (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other .....

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Jan 29 1991 (HC)

Sajipur Bogha Nagar Palika Octroi Karmachari Mandal and anr. Vs. Ahmed ...

Court : Gujarat

Decided on : Jan-29-1991

Reported in : (1991)2GLR956; (1994)IIILLJ431Guj

..... , namely: (i) ............... (ii) ............... (iii) ............... (iv) the transfer, in whole or in part,of the assets, rights and liabilitiesof the surrendering local authority(including the rights and liabilities under and contract made byit) to the absorbing local authorityor to the state government, andthe terms and conditions for suchtransfer; (v) ....... (vi) the transfer or re-employment of any employees of a surrendering ..... on and from the 23rd february, 1986: (a) transfers, in whole, of all assets, rights and liabilities of the specified local authorities (including the rights and liabilities under any contract made by any of the specified local authorities) to the municipal corporation of the city of ahmedabad (hereinafter referred to as 'the said corporation'); (b) substitutes the corporation for the ..... petitioners should succeed in special civil application no. 991 of 1986.claim of interest :44. the claim of interest be examined. if an employee performs his part of the contract, i.e. he attends the duty, he would certainly be entitled to claim wages and he can legitimately ask the employer to pay the amount of wages regularly. if ..... of interest by the workmen can be denied.48. in view of the aforesaid settled legal position and in view of the implied term of contract which should be read by necessary implication in all contracts of employment, the employer should make payment of interest on the delayed payment of wages till the actual payment is made. it may again be .....

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Apr 23 1991 (HC)

Tata Metals and Strips Ltd. (Formerly Ahmedabad Advance Mills Ltd.) Vs ...

Court : Gujarat

Decided on : Apr-23-1991

Reported in : (1992)2GLR1232

..... doctrine of promissory estoppel and observed that it is a principle evolved by equity to avoid injustice and though commonly named 'promissory estoppel', it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to the other a ..... against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. it is elementary that in a republic governed by the rule of law, no one, howsoever high or low, is above the .....

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Feb 06 1991 (HC)

Associated Cement Co. Ltd. Vs. R.M. Gandhi, Regional Provident Fund Co ...

Court : Gujarat

Decided on : Feb-06-1991

Reported in : (1991)2GLR1286; (1995)IIILLJ368Guj

..... the decision of the regional provident fund commissioner before this high court. the court rejected the petition holding that the parties were not free to contract out of law. the court further held that the amount of special allowance or special relief was paid in view of the unexpected rise in ..... bonus, gratuity, esi contribution, etc.'the aforesaid part of the agreement indicates that the parties were conscious of the provisions of law and they were contracting within the law rather than outside the law.15. the learned counsel for the respondents has relied upon an unreported decision of this high court in ..... provisions of the act and the scheme makes it clear that though certain payments may be made to the employee in accordance with the terms of contract of employment, they are not necessarily included in the definition of 'basic wages' for the purpose of calculating the contribution to be made by ..... excludes dearness allowance. this causes difficulty because cash value of any food concession may be the earning of the workman in accordance with the terms of contract. as far as the exclusion of the dearness allowance is concerned, it is taken care of by including the same in section 6 of the ..... the act. the phrase 'basic wages' means all emoluments which are earned by an employee while on duty or in accordance with the terms of the contract of employment and which are paid or payable in cash. however, difficulty arises on account of the exceptions to this definition. clause (i) of the .....

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Apr 24 1991 (HC)

Rajput Anil Ramsinh and anr. Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-24-1991

Reported in : (1992)2GLR1146

b.s. kapadia, j.1. the present appeal is filed by the appellants rajput anil ramsinh and rajput jeetendra ramsinh who are convicted and sentenced by the learned addl. sessions judge, rajkot, in original sessions case no. 31 of 1985 as under:the accused nos. 1 and 2 are convicted for the offence under section 302 and also under section 302 read with section 34 of the i.p.c. for causing death of nanji puja. similarly, the accused nos. 1 and 2 are also convicted for the offence under section 304 part ii read with section 34 of i.p. for causing death of himanshu vyas. the accused nos. 1 and 2 are also convicted for the offences under section 324 read with section 34 of the i.p.c. for causing injuries to dhiru nanji. the accused nos. 1 and 2 are also convicted for the similar offences for causing injuries to bhanuben dhirubhai, amarshi mavji, laduben amarshi and kamlesh sonpal. they are also convicted for the offence under section 342 of i.p.c. for wrongful confinement of dhiru nanji. they are also convicted for the offence under section 457 read with section 34 of the i.p.c. for committing criminal trespass at night time by breaking open the door of amarshi mavji with intention to commit offence.for the offences under section 302 read with section 34 of i.p.c. they both are sentenced to life imprisonment. similarly they both are sentenced to undergo r.i. for 5 years for the offence under section 304 part ii read with section 34 of i.p.c. they both are sentenced to r.i. for six .....

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