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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1967 Page 1 of about 26 results (0.015 seconds)

Aug 18 1967 (HC)

Asia Publishing House Vs. John Wiley and Sons, Inc.

Court : Mumbai

Decided on : Aug-18-1967

Reported in : (1969)71BOMLR777

..... 'assign' are not used, the intention to assign the copyright may appear from the context. i think that the words in clause 1 of the contract, 'the publishers shall during the legal term of the copyright have the exclusive right of producing, publishing and selling the said work' ... are ample ..... i think it is plain throughout this agreement that there are terms which involve the highest degree of mutual confidence and trust between the two contracting parties, and therefore that it is an agreement which even on the most limited application of lord selborne's doctrine would not be permanent, but ..... india. therefore, so far as the proprietors were concerned, they could not have published any of their works within the territory of india.the contract, thus, imposed an obligation on the proprietors but none on the publishers until clause 2 came into operation and permission was granted to publish one ..... the other a public authority; but it is impossible in these days when limited liability is the general rule to say that for that reason a contract, indefinite in point of time, by which a gas company secured a customer on particular terms, was intended to be permanent.mr. justice menair ..... clause 11, it was urged that that is the only clause in the entire ; agreement which deals with the subject of termination of the contract. it provides the only contingency upon which the agreement between the parties could be determined or terminated and therefore the parties, are necessarily limited only .....

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Jul 12 1967 (HC)

Union of India Through General Manager Central Railway, T. Bombay Vs. ...

Court : Mumbai

Decided on : Jul-12-1967

Reported in : AIR1968Bom294; (1967)69BOMLR843; 1968MhLJ35

..... yours faithfully,chief commercial superintendent..it is claimed on behalf of the union that as the plaintiffs accepted and cashed the cheques. s. 8 of the contract act applies. the plaintiffs say that section 8 may apply to cases where there is unconditional acceptance and as in this case the plaintiffs did not ..... plaintiff. on the contrary, his behaviour pointed to other things.(11) i may refer to the following observations of the author of sir dishaw mulla's contract act 8th edition under section 8 at page 65 where the learned author says:'no doubt the acceptance of an offered consideration, as such, amounts to ..... of right and with a different intent; and in that case (which is exceptional but of some importance) the legal result will not be a contract between the parties, whatever else it is capable of being, unless indeed the party receiving the thing so conducts himself as to lead the proposer reasonably ..... the amount offered to them in full satisfaction of the amount due to them. whether or not, the matter related merely to the performance of the contract or to payment of damages would not make any difference in the application of the principle.(13) mr. vaidya relied firstly upon the decision of ..... the plaintiff's claim for the price of the goods. the plaintiff received that amount and thereafter brought a suit for damages for breach of the contract, after giving credit for the amount of rs. 51,000. the court held that the agent had implied authority to accept the payment in full .....

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Oct 14 1967 (HC)

Deviprasad Khandelwal and Sons Vs. Union of India

Court : Mumbai

Decided on : Oct-14-1967

Reported in : AIR1969Bom163; (1968)70BOMLR364

..... for the respondents is that the first paragraph of the letter of 25th september 1958 contains an unconditional acceptance of the tender of the petitioners. according to him the contract became concluded and complete by the said unconditional acceptance contained in the first paragraph of the said letter. according to him, the second paragraph merely contains information about special ..... . the matter then proceeded to hearing.4. the contentions raised by the petitioners are fully set out in the petition and briefly summarised are that there was no concluded contract in fact between the petitioner and the respondents. in the alternative, the petitioners contend that the regional director (food), bombay, was not a person directed or authorised by ..... 12 of the terms and conditions of sale which contained the arbitration agreement. before the arbitrator the petitioners appear to have taken the contention that there was no concluded contract. on 12th december 1962 the said arbitrator gave a direction that as the petitioners challenged the existence and validity of the arbitration agreement, they were directed to apply to ..... and, therefore, the letter of 25th september, 1958, contained a counter offer, the petitioners' letter of 30th september, 1958 contained an unconditional acceptance of the counter offer and the contract was, in any event, concluded. however, these are matters in controversy. i shall deal with them later. it appears that thereafter the petitioners failed to pay the sum of .....

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Mar 17 1967 (HC)

Ambika Tobacco Company, Gondia Vs. Labour Court, Nagpur and ors.

Court : Mumbai

Decided on : Mar-17-1967

Reported in : (1968)70BOMLR159; [1968(17)FLR105]; (1968)IILLJ353Bom; 1968MhLJ10

..... 37. it will be clear from the facts enumerated above that in that case the claim of chacko was treated as one on foot of a contract and the claim was for arrears of salary and as such the claim was held well within the ambit of s. 33c(2) of the industrial ..... peculiar authority and right of making new contract between employers and workmen makes it reasonable to think that even though the period of operation of the award and the period for which it ..... merely because these special provisions as regards prohibition of strikes and lookouts and of penalties for breach of award ceased to be effective, the new contract as embodied in the award should also cease to be effective. on the contrary, the very purpose for which industrial adjudication has been given to ..... is beyond the jurisdiction of the labour court. according to the petitioner, what is being claimed are in fact wages, the worker claiming the difference between contract wage and the minimum wage, but all the same it is wage or, in other words, a claim for money. 'benefit' according to the petitioner ..... , if at all, were the employees of one budharam who was an independent contractor, having undertaken to supply katcha bidis to the petitioner under three contracts. the petitioner further disputed the jurisdiction of the labour court at nagpur as constituted by the governments to entertain the claim of the respondents under s. .....

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Apr 12 1967 (HC)

Chhotabhai Jethabhai Patel and Co. Vs. Industrial Court, Nagpur and or ...

Court : Mumbai

Decided on : Apr-12-1967

Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377

..... . 2 (10) of the c.p. act is as follows :'(10) 'employee' means any person employed by an employer to do any skilled or unskilled manual or clerical work for contract or hire or reward in any industry and includes an employee dismissed, discharged, or removed on account of any industrial dispute;'the case arose out of an application by one ..... skilled or unskilled work for hire or reward in any industry and includes - (a) a person employed by a contractor do any work for him in the execution of a contract and an employer within the meaning of sub-clause (c) of clause 4 : (b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from .....

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Feb 01 1967 (HC)

N.M. Nayak Vs. Chhotalal Hari Ram and ors.

Court : Mumbai

Decided on : Feb-01-1967

Reported in : AIR1968Bom51; (1967)69BOMLR551; ILR1967Bom1110; 1967MhLJ896

..... of section 13' sub-section (2) partially nullifies the bar against sub-letting, assignment or transfer imposed by sub-section (1) or by any contract or judgment with retrospective effect, provided the sub-lessee, transferee or assignee has entered into possession prior to the commencement of the bombay rent ordinance iii of ..... area in which this act was in operation before which this act was in operation before such commencement; and accordingly, notwithstanding anything contained in any contract or in the judgment decree or order of a court, any such sub-lease, assignment or transfer in favour or any such purported sub-lease, ..... his unilateral act of assignment of his interest in the leasehold premises put an end to his obligations which he has undertaken either by the contract o9f lease or under the statute under section 108 of the transfer of property act. (29) mr. singhvi on behalf of the petitioner ..... assignee of a lessee is not synonymous with or equivalent to the lessee. the relationship between the lessor and the lessee springs up from the contract, whereas the relationship between the lessors and the assignee of the leasehold interest either absolutely or partially springs up from the privity of estate. ..... 'lessee' as defined by the transfer of property act. an assignee of a lessee has privity of estate but there is no privity of contract between the assignee of a lessee and the lessor. mr. sihghvi on behalf of the petitioner, has however, contended that the petitioner being an .....

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Mar 01 1967 (HC)

Commissioner of Income-tax, Bombay Vs. Sir Chunilal V. Mehta and Sons ...

Court : Mumbai

Decided on : Mar-01-1967

Reported in : [1967]65ITR50(Bom)

..... , would give rise to a profit may not be sufficient to make the profit as accrued to the assessee when the claim is set up. unliquidated damages for breach of contract, for instance, would only accrue when decreed and not when decreed and not when the claim is made. where, however, the facts and circumstances are such that a claim to ..... accrued to the assessee on the 23rd april, 1951, was the amount of compensation calculated at the rate of rs. 6,000 per month for the unexpired period of the contract of the managing agency. there was no provision in the said clause for payment of any interest and no amount by way of interest could, therefore, be said to have .....

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Dec 13 1967 (HC)

Narayan Hari Kumbhare Vs. P.K. Porwal and ors.

Court : Mumbai

Decided on : Dec-13-1967

Reported in : AIR1970Bom380; (1968)70BOMLR415; ILR1968Bom753

..... behalf of the contest in respondents, namely, that the pleadings of the parties in the case before us had raised a question of more than one contract. the contention is that the claimant claims to have been employed through zibal, who is alleged to be an agent of employee of the opponent no ..... observations which we have quoted in some detail leave no manner of doubt that that case was decided on the footing that two different kinds of contracts were pleaded in competition with each other as to the relationship between the employer and the employee, whereas the claimant urged that he was an ..... merely incidental to the only dispute between the parties which is whether wages are delayed and there is deduction in the wages, where there are two contracts in the field. then the division bench observed as follows:--'in the present case the contention of' the petitioner is that having regard to the ..... : (1957)illj452bom , the division bench in spl. civil appln. no. 376 of 1966 (bom) observed as follows:--'in : (1957)illj452bom the question was which contract of employment -- the one alleged by the employee, or the one alleged by the employer -- governed the relationship of the parties. the authority had to decide whether there ..... no. 1 and that it was he who was supplying rolled bidies to opponent no. 1, according to the terms and conditions laid down in the contract. he also alleged that zibal is not the employee of opponent no. 1, and hence persons like the applicants, who are bidi rollers of the .....

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Dec 13 1967 (HC)

Narayan Hari Kumbhare Vs. Porwal (P.K.) and ors.

Court : Mumbai

Decided on : Dec-13-1967

Reported in : [1968(17)FLR206]; (1969)ILLJ21Bom; 1968MhLJ476

..... on behalf of the contesting respondents, namely, that the pleadings of the parties in the case before us had raised a question of more than the contract. the contention is that the claimant claims to have been employed through zibal, who is alleged to be an agent of employee of opponent 1, ..... observations which we have quoted in some detail leave no manner of doubt that that case was decided on the footing that two different kinds of contracts were pleaded in competition with each other as to the relationship between the employer and the employee, whereas the claimant urged that he was an ..... merely incidental to the only dispute between the parties which is whether wages are delayed and there is deduction in the wages, where there are two contracts in the field. then the division bench observed as follows : 'in the present case the contention of the petitioner is that having regard to the ..... jj.] (vide supra) observed as follows : 'in anthony sabastin almeda v. r. m. t. taylor : (1957)illj452bom (vide supra) the question was which contract of employment-the one alleged by the employee, or the one alleged by the employer-governed the relationship of the parties. the authority had to decide whether there had been ..... of opponent 1, and that it was he who was supplying rolled bidis to opponent 1, according to the terms and conditions laid down in the contract. he also alleged that zibal is not the employee of opponent 1, and if persons like the applicants, who are bidi-rollers of the contractor, .....

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Oct 13 1967 (HC)

Josephy Santa Vincent Vs. Ambico Industries and ors.

Court : Mumbai

Decided on : Oct-13-1967

Reported in : AIR1969Bom49; (1968)70BOMLR224; 1968MhLJ532

..... sub-tenant. this is clear from the terms of clause (j) of section 108 of the transfer of property act. that clause lays down that, in the absence of a contract or local usage to the contrary, 'the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property ..... tenancies. the effect of the clause is to validate assignments, transfers and sub-tenancies granted by contractual tenants, despite the prohibition contained in sub-section (1) or even in the contract of tenancy and this validation is effective, notwithstanding any judgment, decree or order of a court'.thus the reason why, according to the supreme court, the word 'tenant' in section ..... rents hotel and lodging house rates control (amendment) ordinance, 1959 in any area in which this act was in operation before such commencement and accordingly, notwithstanding anything contained in any contract or in the judgment, decree or order of a court, any such purported sub-lease, assignment or transfer in favour of any person who has entered into possession despite the ..... clause (1) of section 15 all transfers and assignments of interest in the premises, and sub-letting of premises, by tenants, are, subject to any contract to the contrary made unlawful. the clause however saves contracts to the contrary and to be effective can operate only in favour of contractual tenants. a statutory tenant having no interest in the property it was .....

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