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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 2015 Page 1 of about 44 results (0.030 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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Mar 17 2015 (HC)

Sri B R Ganesh S/O Late Rajappa Vs. The Commissioner

Court : Karnataka

Decided on : Mar-17-2015

..... of the dispute.35. where however the named arbitrator though a senior officer of the government/statutory body/government company, had nothing to do with the execution of the subject contract, there can be no justification for anyone doubting his independence or impartiality, in the absence of any specific evidence. therefore, senior officer/s (usually heads of department or equivalent) ..... can however be a justifiable apprehension about the independence or impartiality of an employee- arbitrator, if such person was the controlling or dealing authority in regard to the subject contract or if he is a direct subordinate (as contrasted from an officer of an inferior rank in some other 86 department) to the officer whose decision is the subject matter ..... the question whether there is an arbitration agreement between the parties and such examination cannot extend to examining the agreement to ascertain the rights and obligations regarding performance of the contract. it has been held by the apex court as under: 17. it is not in dispute that subuthi and indowind are two independent companies incorporated under the companies act, ..... 8. (2014) 6 scc677 swiss timing limited vs commonwealth organising committee 9. (2000)8 scc151 datar switchgears ltd. vs tata finance ltd., and another 10. (2007) 5 scc304 ace pipeline contracts (p) ltd. vs bharat petroleum corporation ltd. games 2010 50 11. (1980)4 scc556 smt.rukmanibai gupta vs collector, jabalpur and others 12. (2007) 5 scc28 punjab state and .....

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Feb 09 2015 (HC)

Infosys Limited Vs. The Deputy Commissioner of Commercial Taxes (Audit

Court : Karnataka

Decided on : Feb-09-2015

..... i.e., the person who is responsible for implementation, was engaged by uco bank for the purpose of implementation of the said software purchased. therefore, under the said contract, out of the total consideration payable for customization and implementation, assessee was paid the consideration for grant of license to use the customized finacle software and m/s. hewlett ..... also be for the purpose of implementing, deploying, testing, maintaining, repairing, upgrading or improving software but without involving any transfer of property in software in the execution of the contract for the 45 work of providing manpower or providing or performing services. the charges collected (whether called as labour charges, consultant charges, etc.,) by the manpower or service ..... account. such deemed sale may also include a transaction in which the seller integrates his software with a software belonging to the purchaser either as a part of a contract for maintaining, repairing, upgrading or improving software or any device embedded with software entered into between the seller and the buyer. as pointed out earlier, such integration leading ..... into force. as regards annual technical support services, since there is some amount of transfer of property in goods involved, the petitioner has been declaring and paying works contract tax. insofar as the activity of development and export of software, although it is a sale, the petitioner claimed exemption of the turnover relatable thereto as such turnover .....

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Jan 07 2015 (HC)

The Management of National Aerospace Laboratories Vs. Engineering & Ge ...

Court : Karnataka

Decided on : Jan-07-2015

..... mills, rajnandgaon v. bharat lal and another. [ (2011) 1 scc635]. was also referred for the following observations made therein : 12. the expression control and supervision in the context of contract labour was explained by this court in international airport authority of india v. international air cargo workers union, [ (2009) 13 scc374]. thus: (scc p.388, paras 38 -39) ..... 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 r&d 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 made ..... 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 appropriate ..... whose 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.-. 6 - learned senior counsel mr.s.n.murthy appearing for .....

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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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Mar 25 2015 (HC)

M/S Wipro Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

Decided on : Mar-25-2015

..... in the business of entering into amc in respect of computers which are not manufactured by them. in respect of the profits derived from amc contract for computers which are not manufactured by them, they are not claiming any benefit under section 80ib as it has no direct nexus with the ..... of computers. the second scheme is, the warranty period is restricted to one year and the customer is permitted to take out an annual maintenance contract (amc) for the balance of two years. the assessee claims that amc charges are also derived from the sale of computers and eligible for deduction ..... entered into providing for such relief, then the assessee would be entitled to such relief.53. relying on the judgments in the case of wallace flour mills contracting state ltd., vs. collector of central excise, bombay division iii, and in the case of kasinka trading and another vs. union of india and another ..... for the payment of income tax in the foreign jurisdiction, the assessee gets the benefit of its credit in this country.40. however, if the contracting country is not agreeable to extend the said benefits, then in terms of the agreement and probably in terms of the exemption granted, the assessee ..... benefit to the assessee in this country, by negotiations with the other countries, they could also be requested to extend the same benefit. if the contracting country agrees to extend the said benefit, then the assessee gets the relief. in another scenario, though the said income is exempt in this country, .....

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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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Sep 10 2015 (HC)

Mr Arjun M Menda Vs. Smt Narasamma

Court : Karnataka

Decided on : Sep-10-2015

..... of saradamani kandappan v. s.rajalakshmi , air2011sc3234 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 scc140 (by jeevan ..... 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 & 2. ..... 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 ..... 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 ..... that such evidence is inadmissible. (see: gurubasappa and others vs. gurulingappa air1962kant246) it is hence contended that the suit be decreed for specific performance of contract. 23 11. per contra, shri b. v. acharya, senior advocate, appearing for the learned counsel for defendant nos. 1 & 2 would contend that .....

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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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