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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 2015 Page 1 of about 23 results (0.084 seconds)

Dec 03 2015 (HC)

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

Decided on : Dec-03-2015

..... unconstitutional provision of law is treated as a constitutional right flowing from article 265 or as a statutory right/equitable right affirmed by section 72 of the contract act, the result is the same there is no automatic or unconditional right to refund. ii) an assessee must succeed or fail in his own ..... that the relevant enactment does not provide for such refund or reopening; (3) whether equitable considerations have no place in situations where section 72 of the contract act is applicable, and (4) whether the spending away of the taxes collected by the state is not a good defence to a claim for refund ..... saraf [air 1959 sc 135], (kanhaiaya lal), it was held that money paid under a mistake of law is recoverable under section 72 of the contract act and that there is no question of estoppel, even if mistake of law is a mistake of parties. the correctness of that decision was considered in ..... levy was inapplicable to sales of forest produce, prior to 24/12/1975. a direction was issued to refund tax collected in respect of the sales under contracts made prior to 24/12/1975. this judgment has attained finality as no challenge was made to the same before the hon'ble supreme court. (ii) ..... the sale of forest produce. this court held that levy was covered under entry 54 of list ii. in that case, the petitioners had entered into contracts for the disposal of the forest produce and the question was, whether the imposition of fdt was only on sale of forest produce or otherwise. this .....

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Jan 07 2015 (HC)

The Management of National Aerospace Laboratories Vs. Engineering and ...

Court : Karnataka

Decided on : Jan-07-2015

..... of the administrative tribunals act, 1985 is not sustainable. 19. another argument reiterated for the petitioner was with regard to the status of the workmen concerned as contract employees and their having no right to regularization in the service of nal. it was submitted that the petitioner was getting sponsored projects and nal was assigned particular ..... supervision and was an independent entity empowered to administer, control and manage its own affairs and environs including writing off losses, recommending resource allocation for its randd activities, approving contracts, licensing ipr, constituting its selection and assessment committees for all technical staff, etc. further, the funds of the society as per rule 54, though consisting of grants ..... undertaking of the central government and it is the central government which exercises full control over the same, and the issuance of license by state government under the contract labour act is not sufficient criteria to conclude that the 'appropriate government' was the state government and further held that for hal, central government would be the ..... rights were left to be adjudicated. respondent no.2 - naltech has supported the contentions of the petitioner before the industrial tribunal and claimed that the workmen concerned were contract employees supplied on temporary basis for specified projects and specified periods as required by the petitioner. 6. learned senior counsel mr.s.n.murthy appearing for the petitioner - .....

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Sep 11 2015 (HC)

The Bank of New York Mellon, London Branch, By its Constituted Attorne ...

Court : Karnataka

Decided on : Sep-11-2015

..... bonds and to enforce the provisions of the trust deed or the conditions. 23. in the case of swastik gases (supra) part of the contract was performed both at kolkatta and jaipur and parties had agreed to the jurisdiction of kolkatta court to entertain all cases arising out of any dispute ..... ltd (2013) 9 scc 32, wherein the issue was with regard to invoking of jurisdiction in jaipur court, where a part of the contract had been performed by the parties in jaipur and also in kolkata, but the agreement provided that the kolkata court would have jurisdiction to entertain all ..... the companies act, 1956, subject to the petitioner satisfying that there has been an adjudication and findings on the assertions as to the breach of contract, the liability thereof and the inability on the part of the respondent to pay its debts, with reference to english law, by a competent court ..... the petition, the learned single judge had framed four points for consideration, which are as follows: i. what is the nature of the contract between the parties? ii. whether the petitioner, having chosen to confer exclusive jurisdiction on the english courts and having intended the application of the english ..... seeking to invoke the jurisdiction of this court? iii. whether the petitioner has demonstrated that after the default, by the respondent under the contract, the conditions under the contract have been satisfied to enable the petitioner to prefer this petition? iv. whether the respondent is to be ordered to be wound up? .....

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Sep 10 2015 (HC)

Arjun M. Menda Vs. Narasamma and Others

Court : Karnataka

Decided on : Sep-10-2015

..... v. s. rajalakshmi, air 2011 sc 3234. 27. a correct perspective relating to the question whether time is not of the essence of the contract in contracts relating to immovable property, is given by this court in k.s.vidyanandam and others vs. vairavan (1997) 3 scc 1 (by jeevan reddy ..... appellant would contend that the law does contemplate an agreement to lease in contrast to an agreement of lease, as a valid and enforceable contract. such a contract was indeed to be found in the letter dated 4.11.1980, addressed to the appellant by defendant nos. 1 and 2. the ..... be ignored. (ii) courts will apply greater scrutiny and strictness when considering whether the purchaser was ready and willingto perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time- ..... applied for necessary permission from income tax authorities only in the year 1987 and the permission sought for had been rejected. in the circumstances, the contract had become impossible of performance. further, the required permission of the urban land ceiling authority had also not been obtained. thus, it was clear ..... is inadmissible. (see: gurubasappa and others vs. gurulingappa air 1962 kant 246) it is hence contended that the suit be decreed for specific performance of contract. 11. per contra, shri b.v. acharya, senior advocate, appearing for the learned counsel for defendant nos. 1 and 2 would contend that according .....

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Jun 08 2015 (HC)

Vijay Kumar Y. Khanapur Vs. The State of Karnataka, By Lokayukta Polic ...

Court : Karnataka

Decided on : Jun-08-2015

..... of the roads leading to land in sy.no.26 of malligenahalli village with the estimated cost of rs.60,000/-. both the works were given to the complainant on contract basis for an amount of rs.59,940/- and rs.59,985/- respectively. work order was also issued in this regard and the complainant has also entered into an agreement ..... to differ with the finding recorded by the trial court on the validity of the sanction order at ex.p32. 13. now coming to the merits of the case, two contract works for the improvement of roads as mentioned in the complaint were entrusted to the complainant and it is also an 15 undisputed fact that part of the amount out .....

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Jan 28 2015 (HC)

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court : Karnataka

Decided on : Jan-28-2015

..... (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short 'rules', by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 4. the declaration of law by a division bench of .....

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Sep 07 2015 (HC)

Lokamani and Others Vs. Mahadevamma and Others

Court : Karnataka

Decided on : Sep-07-2015

..... acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading ..... the ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt; provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect.- (a) the right of any creditor to proceed against the son, grandson .....

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Apr 13 2015 (HC)

S.K Gangadhara Vs. Ramachandra

Court : Karnataka

Decided on : Apr-13-2015

..... under the attachment. (2) nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment. ? 8. sub-section (2) to section 64 noticed above would indicate that what is of importance is as ..... to whether the sale was pursuant to the contract which was entered prior to the order of attachment. in the instant case, there is no dispute to the fact that the order of attachment was passed on 02.07 ..... , but the fact is also that he had executed a registered agreement of sale prior to the order of attachment before judgment and the sale was as per the earlier contract as he was bound to honour the same. the question that would therefore arise is also as to whether the transferee had knowledge of the attachment as on the date .....

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Oct 07 2015 (HC)

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

Decided on : Oct-07-2015

(prayers: these writ petitions are filed under articles 226 and 227 of the constitution of india praying to hold that sec. 35f of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2), 2014 w.e.f. 6/8/2014 which provides for mandatory pre-deposit of 7.5% for first appeals and 10% for second appeals of the total tax or penalty demanded, as a mandatory condition for entertaining an appeal as illegal and violative of articles 14, 19 (1) (g) and 265 of the constitution of india and etc., this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash section 35f of the central excise act of 1944 as amended by section 105 of the finance act of 2014 and the said section 105 of the finance act of 2014 as being unconstitutional. this writ petition is filed under articles 226 and 227 of the constitution of india praying to 1) declare section 35r of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2), 2014 w.e.f. 6.8.2014 which provides for mandatory pre-deposit of 7.5% for first appeals and 10% for second appeals of the total tax or penalty demanded, as a mandatory condition for entertaining an appeal as unconstitutional vide ann-b and etc. 1. as common questions of law arise in these writ petitions, they have been heard together and are disposed of by this common order. 2. the petitioners have assailed amendment made to section 35f of the central excise act, 1944 (hereinafter referred to as the act .....

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Mar 24 2015 (HC)

V.P. Venkatesh Vs. G. Padmavathi

Court : Karnataka

Decided on : Mar-24-2015

..... therefore, time/period prescribed cannot be ignored. (ii) courts will apply greater scrutiny and strictness when considering whether the purchaser was ??ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits stipulated in the agreement. courts ..... such hardship. since the defendant had stoically denied the very execution of the agreement of sale, the question of the defendant pleading or establishing hardship in the performance of the contract could not have been assumed by the court below. the learned counsel would also point out that when a substantial part of the price has been paid under the agreement ..... the premises and complete the sale transaction, could not be attributed to the plaintiff as having not indicated that he was ready and willing to perform his part of the contract. this reasoning of the court below cannot be sustained as it is wholly inconsistent with the actual circumstances. further, the trial court having held that the plaintiff was not entitled ..... counsel for the appellant and the learned counsel for the respondent. 2. the appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. it was stated that the defendant was the absolute owner of a property bearing no.10/6, 6th main, magadi road chord road, corporation division no. 29, govindarajanagar, bangalore ?? 560 .....

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