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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Year: 1991 Page 2 of about 25 results (0.014 seconds)

Feb 26 1991 (HC)

United India Fire and General Ins. Co. Ltd. Vs. Manibehn and ors.

Court : Gujarat

Decided on : Feb-26-1991

Reported in : 1993ACJ941

..... additional premium the company will indemnify the insured against liability at law for compensation for death or for bodily injury to any person being carried in the motor vehicle; such indemnity would be limited to the sum of a particular amount of rupees... the amount has not been showed near the word rupees. it, therefore, becomes clear that this important particular ..... said printed blanks have been kept open it would mean that there was no restriction or limitation on the liability which has been accepted by the insurance company under the contract between the insurance company and the insured. no other view except the abovesaid one, which we are taking, is possible.14. even if two views would have been possible, looking ..... further contended that because the necessary figures have not been filled in, in the endorsement no. 13 (b) attached to the policy, it can never be urged that there was contract between the insurer and the insured under which the limited liability was accepted. mr. bhatt has also urged that in the instant case, because the blanks have been kept open .....

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Dec 02 1991 (HC)

Minor Anish Achyut Chinubhai Vs. Nanikram Sobhraj Mills Pvt. Ltd.

Court : Gujarat

Decided on : Dec-02-1991

Reported in : (1992)2GLR1133

..... textiles and to sell the same for earning profits. by no stretch of imagination, it is possible to say that any right to run a running industry or factory was contracted out or leased out or farmed out to the lessee. the citation of the above authority, therefore, does not render any assistance to the learned advocate general in contending that ..... makes departure in the case of a lease for manufacturing purpose and also a lease for agricultural purpose and lays down that termination of such lease would, subject to the contract to the contrary, require six months' notice as opposed to 15 days' notice in the case of lease for other purposes. in the present case, we are not concerned with .....

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Feb 22 1991 (HC)

Lalitaben Bhanabhai D/O. Bhanabhai Malabhai Vs. Lalitaben Bhanabhai W/ ...

Court : Gujarat

Decided on : Feb-22-1991

Reported in : (1991)2GLR1182; (1995)IIILLJ376Guj

m.b. shah, j. 1. being aggrieved and dissatisfied by the judgment and decree dated. 27th september, 1979 passed by the city civil court, ahmedabad, in civil suit no. 2289 of 1975, defendant no. 1 has filed this appeal. 2. plaintiff no. 1 has filed this suit for herself and on behalf of her minor sons, plaintiffs nos. 2 & 3, for partition of properties belonging to her husband bhanabhai malabhai against defendants nos. 1 to 3 who are the daughters of bhanabhai of his previous wife kankuben. it is her say that she married the deceased on 20th may, 1971 at village sanatal, district ahmedabad, after the death of the first wife of the deceased bhanabhai. the first wife of deceasedbhanabhai named kankuben expired in 1970. lalitaben, defendant no. 1, is a daughter of kankuben. defendant no. 2 shantaben and defendant no. 3 champaben are the other two daughters of kankuben. plaintiffs nos. 2 and 3 are the minor sons born out of wedlock of plaintiff no. 1 with deceased bhanabhai. the deceased bhanabhai was serving in calico mills at ahmedabad. he has expired on 2.2.1974, the deceased had not executed any will. the succession certificate ex.25 is obtained by defendant no. 1 lalitaben by filing civil miscellaneous application no. 280 of 1974 before the city civil court, ahmedabad. that application was filed for recovering following amounts: (1)amount of provident fund with the calico mills, ahmedabad.. rs. 15,000/-(2)amount of gratuity with the calico mills, ahmedabad.. rs. 8,000/-(3) .....

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Sep 26 1991 (HC)

Halar Maritime Agencies Vs. Gujarat Maritime Board and ors.

Court : Gujarat

Decided on : Sep-26-1991

Reported in : (1992)2GLR819

..... on such terms and conditions as may be agreed upon. it is in exercise of said statutory power that the board is authorising landing and shipping contract to undertake landing and shipping services for non-underlined goods.16. it is in the backdrop of the aforesaid provisions and clear picture emerging from the ..... in the form prescribed by the board. such person who is authorised shall exercise liability of bailee under sections 151, 152 and 161 of the indian contract act, 1872 for the loss, destruction or deterioration of goods of which he has taken charge. section 32 is thus a complete code dealing with performance ..... which he has taken charge shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 & 161 of the indian contract act, 1872.from the language of this section it is clear that the board has the power to undertake various services set-out in clauses (a), (b), ..... power of control, administration and management of activities of minor ports and when the board decides to undertake that activity for all classes of persons by contract, the board is well within its right and power and it cannot be compelled not to perform any of its statutory functions.10. further provision on ..... to which the indian ports act applies. the area of operation is thus clearly defined.8. chapter iv of the said act deals with property and contracts of the board. chapter v of the said act deals with works and services to be provided at minor ports by the board. it would .....

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Jan 08 1991 (HC)

Harisinh Pratapsinh Chavda Vs. Chimanbhai J. Patel and ors.

Court : Gujarat

Decided on : Jan-08-1991

Reported in : AIR1991Guj115; (1991)1GLR667

..... the appointment for the entire period of three years. although there is some element of public office the nature of appointment of a chair-person is more akin to the contract of special service with special qualifications. in case of premature termination the only right which the chairperson has is to claim compensation for the unexpired period.counsel for the petitioner .....

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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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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 15 1991 (HC)

The Competent Officer, Gujarat Housing Board Vs. K.B. Parmar and ors.

Court : Gujarat

Decided on : Apr-15-1991

Reported in : AIR1993Guj5; (1992)1GLR79

..... succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both movable and immovable and to contract and do all things necessary for the purposes of the act. for the purpose of the act as well as for acquisition of land, the board is deemed to be .....

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Dec 04 1991 (HC)

Navsari Oil Products Ltd. Vs. Assistant Collector of Central Excise

Court : Gujarat

Decided on : Dec-04-1991

Reported in : 1992(60)ELT550(Guj)

..... this position. this can be seen from the provisions of section 64a of the sale of goods act, 1930 which enables the parties to a contract of sale to make variation in the sale price depending upon increase or decrease in the tax before the goods are sold. therefore, such cases are ..... 88 (guj.) division bench of this court discussed the law regarding restitution. after referring to abson's law of contract (25th edition) chitty on contracts (25th edition) and also earlier division bench judgment of this court in the case of union of india v. new india industries ltd., reported in 24 ..... of loss or injury suffered by him. however, it is absolutely essential to plead and prove loss or injury to successfully claim restitution under section 72 of the contract act. in the case of dhrangadhra municipality v. dhrangadhra chemical works ltd., reported in 29 (1) glr page 388 = 1988 (35) e.l.t. ..... to whom money has been paid or anything delivered by mistake or under coercion must repay or return it. provisions of section 72 of the indian contract act came up for consideration before a division bench of this court in the case of union of india v. bharat vijay mills, reported in 25 ..... be examined as to whether the petitioner proves its entitlement to claim refund. the claim is based on the provisions of section 72 of the indian contract act which deals with liability of a person to whom money is paid or things delivered under mistake or coercion. it provides that a person .....

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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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