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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 1967 Page 1 of about 9 results (0.074 seconds)

Aug 08 1967 (HC)

Seth Narsinghdas Kanhaiyalal Vs. Commissioner of Wealth-tax.

Court : Madhya Pradesh

Decided on : Aug-08-1967

Reported in : [1968]67ITR412(MP)

..... to that money. nor did that clause make the amount of rs. 1,56,471 received by seth narsinghdas as owner, a liability of his. in the case of a contract of indemnity, the indemnifier cannot be called on to make good his promise until the indemnified has incurred actual loss (see rangnath v. pachusao). it is not the case of the ..... government, clearly shows that the amount of rs. 1,56,471 was paid to him as owner of the acquired properties. clause 3 of that agreement is nothing but an indemnity clause providing that if it turns out that the assessee was not entitled to get any amount of compensation and if the government is required to pay any compensation to ..... any fault or defect in his title as represented by him without prejudice to any other remedies for the enforcement of any refund and indemnity, the government may recover any sum payable by way of refund and indemnity as arrears of land revenue.'the wealth-tax officer included by the amount of rs. 1,56,471 also in the net wealth of .....

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Dec 21 1967 (HC)

Union of India (Uoi) Through General Manager, C.R.V.T., Bombay Vs. Fir ...

Court : Madhya Pradesh

Decided on : Dec-21-1967

Reported in : AIR1971MP131

..... india, 1957 mplj 153 = (air 1957 madh pra 157)). 8. the appellant next contends that the supply of a wrong type of wagon may render the contracting railway, i. e., the south-eastern railway, liable, but no liability could be fastened on the central railway administration which merely carried the wagon in the ..... supplied was a proper type or not. the respondents are not right in suggesting that the union of india had raised a special defence that the contract of carriage was for supplying of a n w t wagon. that allegation was in an answer to an averment in the plaint that negligence ..... the liability of the railway administration concerned, was undoubtedly the liability of a bailee of the goods under sections 151, 152 and 161 of the indian contract act, but there was no kind of special duty to provide for a waierfight wagon. there was no specification by the consignor that a wagon of ..... the consignment was loaded by the consignor on 30th august 1957, at the tin plate siding. tata nagar, on the south-eastern railway, which was the contracting railway, in a wagon indented for by him. the consignment was carried in n w t wagon no. er 5908 under r/r no. 521447 dated ..... latif abdulla, air 1937 cal 410). 9. the supply of a wrong type of wagon would undoubtedly render the contracting railway liable, but if there was a breach of covenant on the part of the contracting railway, that would not by itself, fasten any liability on the delivering railway. the central railway administration merely carried .....

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Jul 18 1967 (HC)

Commissioner of Sales Tax Vs. Nathani Brothers

Court : Madhya Pradesh

Decided on : Jul-18-1967

Reported in : AIR1968MP135; 1968MPLJ107; [1968]21STC465(MP)

..... leave no doubt that the transport of manganese ore from the state of madhya pradesh to gondia and vishakhapatnam outside the state was under the contracts of sale concluded between the assessee and the buyers these sales were, therefore, clearly in the course of inter-state trade.'this observation clearly ..... sales were inter-state sales and that in this case also no other conclusion can be reached. in that case, this court, after considering the contracts in question, came to the following conclusion:'these stipulations about the despatch of ore to gondia in two cases, and to vishakhapatnam port in the ..... them at the railway stations under sections 33 and 39(1). the argument is prima facie sound unless there be some other provision in the contract to negative this conclusion, e. g. that the logs must be carried to ambernath and delivered there.'the above-quoted passage illustrates the principle ..... ascertained at the weigh-bridge at gondia, the movenment of the goods from katangi to gondia was occasioned by the terms of the respective contracts and hence the transactions were in the course of inter-state trade and commerce,4. the reasoning of the tribunal is that after the ..... the balance shall be paid by the buyers to the sellers after loading the entire stack andon receipt of first net weight from gondiaweighbridge. * * * ii. contract with balkrishna trading co., nagpur. delivery: ready stack at katangi rly. siding in two lots. payments :-- 80 per cent on analysis report and balance on .....

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Nov 10 1967 (HC)

Jamul Cement Works Vs. State Industrial Court and ors.

Court : Madhya Pradesh

Decided on : Nov-10-1967

Reported in : (1968)ILLJ131MP; 1968MPLJ95

..... employee in respect thereof. this the tribunal failed to do. what the learned president of the tribunal did was to rest his conclusion, namely, that theappointment of employee on periodical contracts is not proper during the period during which the construction is continuing,solely on the definition of' temporary employee ' given, in clause (vi)of the standard standing order 2. ..... to undertake constantly constructional work and that this work is of a permanent nature. the matter would have been otherwise if a dispute had been raised with respect to any contract labour employed by the petitioner-company for cleaning, maintenance and repairing of the plant, machinery and premises of the petitioner-company's factory. such a repair and maintenance activity ..... adopted ' only to break the continuity of employment to escape from the standing orders.' the tribunal summed up its conclusions thus :(i) the appointment of employees on periodical contracts is not proper during the period daring which the construction is continuing.(ii) the workers are entitled to be treated as permanent for the purposes of the standard standing orders ..... madhya pradesh industrial relations act applies ?(5) is the practice of employing labour for fixed periods an unfair labour practice ?(6) whether the appointment of the employees on periodical contracts by the jamul cement works of associated cement company, ltd., jamul, is proper if not, to what relief they are entitled and from which date the learned president of .....

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Sep 14 1967 (HC)

Upendralal Vs. Smt. Narainee Devi Jha

Court : Madhya Pradesh

Decided on : Sep-14-1967

Reported in : AIR1968MP89; (1969)IILLJ285MP

..... under the terms of the contract of employment or the relevant rule. as the departmental enquiry directed by government against the petitioner was pending on 6th june, 1964, and is still pending, the petitioner is precluded ..... is pending, neither the temporary government servant nor the appointing authority can put an end to the services of the government servant by passing an order in terms of the contract of employment or the relevant rule. the departmental enquiry has to be stopped first before the services of a temporary servant can be terminated in the exercise of the powers ..... a temporary servant by issuing an order of dismissal or removal against him and to stop the departmental enquiry and then pass an order of discharge in terms of the contract of employment or the relevant rule. the question when such an order of discharge would amount to an order of dismissal or removal attracting article 311 of the constitution, does ..... the appointing authority possesses two powers, to terminate the services of a temporary public servant it can either discharge him purporting to exercise its powers under the terms of the contract of employment of the relevant rule. in such a case. article 311 of the constitution does not apply. the appointing authority can also act under its powers to dismiss or .....

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Dec 21 1967 (HC)

Chandra Shekhar Khamparia Vs. L.P. Tiwari, Administrator, Municipal Co ...

Court : Madhya Pradesh

Decided on : Dec-21-1967

Reported in : AIR1968MP140; (1969)ILLJ844MP; 1968MPLJ217

..... or a servant when he is to be discharged from service. it lays down, inter alia, that if a municipal officer or servant has not been engaged on a written contract, he shall be entitled to one month's notice of the termination of his services or one month's salary in lieu of notice. this provision has no applicability whatsoever ..... be discharged--(a) during a period of probation; (b) if holding a temporary appointment, on the expiration of the period of appointment; (c) if engaged on contract, in accordance with the terms of the contract; and (d) on account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of municipal .....

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Apr 18 1967 (HC)

Bhagwati Dhar Bajpai Vs. Jabalpur University and ors.

Court : Madhya Pradesh

Decided on : Apr-18-1967

Reported in : AIR1967MP239

bhargava, j.1. the petitioner shri bhagwati dhar bajpai has filed this petition under article 226 of the constitution of india against the jabalpur university (respondent no. 1), dr. dhirendra verma, vice-chancellor of the said university (respondent no. 2). shri b. l. pande, reotor of the said university (respondent no 3), shri s. c. seth. registrar of the said university (respondent no. 4) and shri v. g. pathak. assistant registrar of the said university (respondent no 5). praying that the ruling given at the meeting of the university court on 25-1-1967 by the third respondent to the effect that the presentation of the notice by the petitioner to the fifth respondent, shri v. g. pathak on 34-1-1967 was not proper as the said notice had not been delivered to the registrar according to the requirements of section 18(1) of the jabalpur university act (hereinafter called the act) be quashed the petitioner further seeks a writ of mandamus to be issued to the third respondent who was chairman of that meeting to re-commence the meeting for the purpose of duties in relation to the said notice whereby a no-confidence motion was sought to be brought against the second respondent, namely, the vice-chancellor of the university. it is also prayed that all other proceedings by the meeting be declared to be void and illegal and such other writ or direction may be issued as may appear to be just and proper in the circumstances of the case.2. the facts are simple. the petitioner is a member .....

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Feb 03 1967 (HC)

Khushilal Vs. Board of Revenue Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Feb-03-1967

Reported in : AIR1967MP201

..... payment of land revenue to the government, except such land as has been wholly exempted from such liability by a special grant of his highness the ruler or by a contract with the government, or under the provisions of any law or rule for the time being in force. the land which is wholly exempted from the liability to pay land .....

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Aug 10 1967 (HC)

Mithailal Gupta Vs. Inland Auto Finance and ors.

Court : Madhya Pradesh

Decided on : Aug-10-1967

Reported in : AIR1968MP33

..... . mills ltd., air 1967 sc 688 and heyman v. darwins ltd. 1942 ac 356, where the implications of the expression 'in respect of' or 'with regard to' or 'under the contract' have been stated. however, shri g. p. singh withdrew the contention during the course of the hearing.16. it is maintained for the appellant that this is a fit case .....

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