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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 1967 Page 1 of about 15 results (0.011 seconds)

Jun 23 1967 (HC)

P. Janakiram Chetty Vs. Punjab National Bank Ltd. and anr.

Court : Karnataka

Decided on : Jun-23-1967

Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168

..... of the learned counsel whether the appellant-second defendant is discharged. chapter viii of the indian contract act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... p. suryanarayanan : air1944mad195 , and the relevant observations relied upon are at page 201, where their lordships have stated that 'sections 140 and 141, contract act, prima facie have reference to the simple case of a surety for a single debt for which the creditor holds a security or securities'. we ..... any act or omission of the creditor, the legal consequences of which is the discharge of the principal debtor. section 135 states that a contract between the creditor and the principal debtor, by which the creditor makes a composition with or promises to give time to, or not to sue ..... it is otherwise provided by the contract. section 129 defines a 'continuing guarantee'. it means 'a guarantee which extends to a series of transactions'. (13) in this case, the ..... guarantee is given is called the 'principal debtor', and the person to whom, the guarantee is given is called 'the creditor'. so a contract of guarantee is a tripartite agreement. section 128 states that the liability of the surety is co-extensive with that of the principal debtor, unless .....

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Jan 12 1967 (HC)

Laxmibai Narayana Rao Nerlekar Vs. Commissioner of Gift-tax

Court : Karnataka

Decided on : Jan-12-1967

Reported in : [1967]65ITR19(KAR); [1967]65ITR19(Karn)

..... be brought about by the unilateral action of the coparcener concerned. neither transaction amounts to a transfer of property from one juristic entity to another. a transfer is essentially a contract, a bilateral transaction. the transaction by which a property ceases to be the property of a coparcener and becomes impressed with the character of coparcenary property does not itself amount ..... arrangements whereby c obtained a benefit without becoming the owner of any property that had belonged to a. thus if b for some valuable consideration moving from a made a contract with a that he (b) would pay pounds 1,100 to c without receiving any consideration from c, the intent of a would be diminish the value of his own ..... is not intended to pass shall be deemed to be a gift made by the transferor; (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 a abandonment, to the extent to which it .....

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Feb 08 1967 (HC)

Narasimhamurthi M.C. and ors. Vs. Director of Collegiate Education and ...

Court : Karnataka

Decided on : Feb-08-1967

Reported in : (1967)IILLJ606Kant; (1967)1MysLJ612

..... the penalty. in the present case, we are not concerned with the effect of such a contravention on the rights of parties to a contract. the question here is whether having regard to the provisions of the act, the appointments made by respondent 2 are rendered invalid because of non- ..... act. as stated in para. 245 at p. 141 of halsbury's laws of england (3rd edn., vol. 8) it is a question of contraction in each case whether the legislature intended to prohibit the doing of the act altogether, to merely to make the person who did it liable to pay ..... decisions as laying down that every such contravention necessarily results in rendering the contract ab initio void. what consequences follow from any such contravention, will have to be determined from a construction of all the relevant provisions of the ..... of the king's bench division in anderson, ltd. v. daniel [(1924) 1 k.b. 138]. that was a matter arising under the law of contracts. there was a contravention of the requirements of certain statutory provisions, namely, of sub-section (1) of s. 1 of the fertilizers and feeding stuffs act ..... .r. these decisions deal with the question as to how and to what extent the rights of parties to a contract are affected, when one of the contracting parties, while entering into the contract, contravened the provisions of some act and which contravention entails penalty under that act. but we do not understand those .....

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Sep 21 1967 (HC)

Bhima Rama Jadhav Vs. Abdul Rahid

Court : Karnataka

Decided on : Sep-21-1967

Reported in : AIR1968Kant184; AIR1968Mys184; (1967)2MysLJ509

..... 375 of the civil procedure code the court has no jurisdiction to pass a decree on compromise unless it was a 'lawful' compromise. any terms of a contract which are opposed to public policy are invalid and will not be enforced by the courts. so far as the decree embodied unlawful terms of compromise ..... pp. 416 and 417:'we think that a consent decree passed by a court of competent jurisdiction cannot be treated on the same footing as a contract between the parties. it is true that before a court passes a consent decree, it can and should examine the lawfulness and validity of the ..... and within the period of limitation....''.(10) in govind waman v. murlidhar, : air1953bom412 gajendragadkar, j. (as he then was) emphasised the distinction between a contract and a consent decree and rejected the contention that a compromise decree is a nullity merely because it contains a term opposed to law or public policy. ..... 7) hegde, j. held that when a court puts its seal of approval to a compromise arrived between the parties, then it ceases to be contract simpliciter and becomes binding on the parties to it until it is set aside in an appropriate proceeding. the correctness of this view has been questioned ..... consisting of ramaswamy, c. j., and r. k. chowdhary, j., said:'it is settled principle of law that a contract is not less a contract and subject to incidents of a contract because there is superadded the command of the judge. if, therefore, the object or consideration of the compromise on which the .....

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Aug 10 1967 (HC)

Ganjam Nagappa and Sons Vs. State of Mysore

Court : Karnataka

Decided on : Aug-10-1967

Reported in : [1968]21STC188(Kar)

..... they are set' assume importance and can have relevance only in a case where stones set in that way are themselves sold as such. but if there be no such contract of sale, and in consequence there is no sale of such precious stones, those words in the 64th item of the second schedule cannot assist a demand for the payment ..... payable at 5 per cent. which is the rate specified in the third column. but if there is no sale of any precious stone as such, and there is a contract for the purchase of a finished article of jwellery, whatever may be the component parts of that finished article of jewellery, the sale is a sale of jewellery and not ..... have any doubt in its mind about the correctness of the finding recorded by the commercial tax officer and the deputy commissioner that the contract of sale between the customer and the petitioner in each case was a contract for the sale of a finished article of jewellery. 5. that being so, if nothing else could be said about it, the tax .....

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Jan 06 1967 (HC)

T.G.M. Aside and Sons Vs. Coffee Board and anr.

Court : Karnataka

Decided on : Jan-06-1967

Reported in : AIR1969Kant230; AIR1969Mys230

..... was himself coerced by another to exert duress or compulsion upon the person seeking restitution. 'coercion' within the meaning of section 72 of the contract act is a wrongful act producing liability to restitution which that section statutorily enjoins. the liability to make that restitution is absolute, and there is ..... bank of india (1913) 40 ind app 56 (pc). discussing the meaning of the word 'coercion' occurring in section 72 of the indian contract act, lord moulton said this:'it is impossible to contend that the coercion referred to in this section or in the above illustration is 'with the ..... if it does not measure up to the 'coercion' defined by section 15 of the contract act, which incorporates a special definition of that word occurring in the preceding section. that exclusive definition cannot assist the interpretation of section 72 of ..... (b). it is clear that the word 'coercion' occurring in this section should not be understood in manner defined by section 15 of the contract act and that that word has to be understood in its ordinary sense. 'coercion' to which that section refers includes every kind of compulsion even ..... precludes the plaintiff-firm from asking for restitution by reason of the payment of the amount collected to the state government? section 72 of the contract act which creates liability for the return of money paid under a mistake or coercion reads:'72. liability of person to whom money is paid .....

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Feb 01 1967 (HC)

Chunilal Parsram Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Decided on : Feb-01-1967

Reported in : [1968]70ITR288(KAR); [1968]70ITR288(Karn)

..... that on the facts found by the tribunal, it was not justified in law in holding that the profit of rs. 12,959.09 in the cloth transaction under the contract dated december 3, 1958, entered by the assessee with messrs. suratram gopaldas, a firm of bombay, was the profit in the hands of the hindu undivided family of which the ..... the year relevant to the assessment now under reference, joint family business. the cloth business mentioned in the question was carried on by the assessee under or pursuant to a contract of 3rd december, 1958, between himself and a bombay firm suratram gopaldas. it is also the concurrent finding of all the authorities including the tribunal that no part of the ..... , 1922, is : 'whether, on the facts found by the tribunal, it is justified in law, in holding that profit of rs. 12,959,09 in the cloth transaction, under the contract dated december 3, 1958, entered by the assessee with messrs. suratram gopaldas, firm of bombay was the profit in the hands of the hindu undivided family ?' 2. the assessee, seth .....

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Feb 24 1967 (HC)

J. Vamana Prabhu Vs. the State of Mysore

Court : Karnataka

Decided on : Feb-24-1967

Reported in : [1967]20STC38(Kar)

ordernarayana pai, j. 1. the petitioner in this case is described as hospital contractor which means that on a contract with the government hospitals at mangalore, he is supplying certain articles to the said hospitals. among others, he supplied charcoal worth rs. 1,365 and firewood worth rs. 13,200 .....

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Sep 18 1967 (HC)

Chandra Bhavan (Boarding and Lodging), Bangalore and ors. Vs. State of ...

Court : Karnataka

Decided on : Sep-18-1967

Reported in : (1969)ILLJ97Kant; (1968)1MysLJ24

..... , unless there is anything repugnant in the subject or context, - (h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment and includes house-rent allowance ..... the petitioners argued that fixation of minimum wages affects the right of the employer to pay to his employees whatever wages he likes or the right to enter into a contract as mutually agreed to between him (the employer) and the employees. but the learned special government pleader argued that fixation of minimum wages does not affect the right of the ..... employer or the employee to enter into a contract of service because even after fixation of minimum wages they are free to enter into a contract, though the rate of wage agreed upon should not be less than the minimum rate fixed by the government under the act .....

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Feb 10 1967 (HC)

Narayan Laxman Mulerkhi Vs. Postmaster-general, Bangalore

Court : Karnataka

Decided on : Feb-10-1967

Reported in : [1967(15)FLR343]; ILR1967KAR913; (1967)IILLJ626Kant; (1967)2MysLJ163

per somnath ayyar, j.1. a certain malhari was one of the mazdoors employed by the posts and telegraphs department for the creation of telephone lines along the railway track near the desur railway station which was at a short distance from belgaum. he was working there from october 4, 1961, and, at 6.30 a.m. on october 14, 1961, while he was returning with a bucket of water which he had collected from a stationary engine on the off-side of the desur railway station, he was knocked down by an incoming passenger train and killed. his father made an ' application for the payment of a sum of rs. 2,551 as compensation payable under the workmen's compensation act which was dismissed by the commissioner for workmen's compensation, belgaum, on the ground that the accident did not arise out of and in the course of employment. 2. so this appeal. 3. evidence was produced by the appellant that the mazdoors who were employed by the posts and telegraphs department for the erection of the telephone line were living in a tent which had been erected near the rail way station and that on the day of the accident, the jamadar under whose superintendence the mazdoors worked had gone to his place and so had entrusted the super vision to two persons named peerkhan and nagappa laxman. the evidence was also to the effect that those two persons asked malhari to bring water for cleaning the insulators which had to be fixed, and, that malhari went to the stationary engine to fetch water for that purpose .....

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