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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1988 Page 1 of about 50 results (0.023 seconds)

Nov 18 1988 (HC)

Ramji Narayan Ghuge Vs. Ratan Waghu Bhujbal

Court : Mumbai

Decided on : Nov-18-1988

Reported in : (1988)90BOMLR686

..... establish such cause without filing a separate suit; for, counter-claim is, in reality, a suit by the defendant. if the defendant in a suit for specific performance of the contract of sale of immovable property is not in possession, he may seek possession by establishing his counter-claim. he cannot be permitted to seek a decree for possession without making ..... lending transaction. according to him, even if the agreement was assumed to be an agreement of sale, the plaintiff was not ready and willing, to perform his part of the contract. consequently, he confirmed the dismissal of the suit as also the decree directing delivery of possession to the defendants. the plaintiff appeals to this court.4. the error in the ..... g.h. guttal, j.1. the question for consideration is whether, upon dismissal of a suit for specific performance of contract of sale of immovable property instituted by the plaintiff in possession, a decree for possession against the plaintiff could be passed, in the absence of a counter claim seeking such .....

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Sep 30 1988 (HC)

Krishnaji S/O Venkatesh Sane and ors. Vs. Saroj Screens Private Limite ...

Court : Mumbai

Decided on : Sep-30-1988

Reported in : 1989(2)BomCR410

..... it does not mean that the defendants have demanded the cash of rs. 5,75,000/- as submitted by mr. manohar. it is true that even such demand of indemnity is not contemplated under the agreement. the defendant was not entitled to claim the idemnity from the plaintiff. the plaintiff was, therefore, justified in refuting the claim by his ..... the parties subsequent to execution of the agreement cannot be pressed to suggest to the contrary or derrogatory. moreover, the parties while making the time as the essence of the contract adequately took proper care and caution of all contingencies such as negligence, default, callous attituted, by making necessary stipulation under clauses 4, 5, 6 and 14. particularly clause ..... terms with a definite intention to make time as the essence of the contract and the learned judge has completely misconstructed agreement.mr. manohar, the learned counsel appearing for the respondent/plaintiff on the other hand supported the reasoning and findings recorded by ..... counsel appearing for the appellants defendants very vehemently assailed the reasoning and findings recorded by the trial court in holding that the time was not made the essence of the contract. according to shri palshikar, the learned trial judge has completely misread the stipulations in various clauses of the agreement, mr. palshikar submitted that the parties unequivocally settled the .....

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Jan 20 1988 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Hirabai Vithal Nikam ...

Court : Mumbai

Decided on : Jan-20-1988

Reported in : II(1988)ACC435; 1988(4)BomCR625; (1988)90BOMLR103; [1988]64CompCas769(Bom)

..... the facts of this case.15. we, now, summarise our conclusions:the vehicle in which the deceased, vithal nikam, travelled was a goods vehicle. the contract of insurance entered into which the appellant did not cover the carriage of passengers for hire or reward in the vehicle. vithal nikam travelled for hire by ..... b) the consideration paid by such hirer for transport of his goods, being a composite consideration, his presence in the vehicle is a part of the contract for which he has paid the consideration.(c) such hirer is deemed to be a passenger within the meaning of section 95(1)(ii) of the ..... the death of, or bodily injury to, persons being carried in the vehicle-(a) if such person is carried for hire of reward pursuant to a contract of employment,and(b) the vehicle is a vehicle in which passengers are carried for hire or reward.9. according to learned counsel, the words ' ..... negligent driving. the insurance policy did not cover the risk to passengers carried for hire or reward.6. sawant and tated jj., after considering the terms of the contract of insurance and , in view of the decision of the supreme court in pushpabai parshottam udeshi v. ranjit ginning and pressing co. p. ltd., : [1977 ..... we formulate the question arising for determination as under:'where a passenger is carried in a goods vehicle for hire or reward and the terms of the contract of insurance do not provide for such carriage, is the insurer liable for the death or bodily injury to such passenger?'2. this appeal and, .....

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Apr 29 1988 (HC)

Gurukripa Shaskiya Karmachari Sahakari Nirmam Sanstha Vs. Ratanlal S/O ...

Court : Mumbai

Decided on : Apr-29-1988

Reported in : 1988(3)BomCR474

..... anxious consideration to these submissions of mr. deshpande and we have already considered this aspect when we discussed the issue whether time was the essence of contract. we find it difficult to agree with the respondents. the appeal is allowed. the impugned judgment and decree is hereby quashed and set aside. respondents ..... fully support his contention. we have already shown above that the crucial question in the present case is, whether the time was the essence of contract. it would normally be a question of fact which has to be decided on the basis of terms and conditions of the agreement and the surrounding ..... as we have shown earlier, in the peculiar facts and circumstances of this case the parties never intended to treat the time as the essence of contract.7. it is interesting to see the evidence of respondent no. 1 ratanlal chomwal. he has admitted that saraswatibai had raised an objection before the ..... was almost precedent for the execution of the sale-deed. under these circumstances, it is difficult to hold that the time was the essence of contract. nobody could be sure about the exact time that would be needed before the sub divisional officer. the agreement also recites that a 'valid sale ..... that they have already received rs. 40,000/- towards the sale consideration and that it has been ready and willing to perform its part of contract by paying the balance of consideration and that they should execute the sale-deed. the respondent no. 1 refused to execute the sale-deed on .....

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Jan 29 1988 (HC)

Oriental Fire and General Insurance Co. Vs. Hirabai Vithal Nikam and o ...

Court : Mumbai

Decided on : Jan-29-1988

Reported in : AIR1988Bom199

..... the facts of thiscase.''11. we. now summarise our conclusions : --the vehicle in which the deceased vithal nikam travelled was a goods vehicle. the contract of insurance entered into with the appellant did not cover the carriage of passengers for hire or reward in this vehicle. vithal nikam travelled for hire by ..... (b) the consideration paid by such hirer for transport of his goods, being composite consideration, his presence in the vehicle is a part of the contract for which he has paid the consideration. (c) such hirer is deemed to be a passenger within the meaning of section 95(1)(ii) of ..... the death of or bodily injury to person being carried in the vehicle -(a) if such person is carried for hire or reward pursuant to a contract of employment, and (b) the vehicle is a vehicle in which passengers are carried for hire of reward. according to learned counsel, the wordspassengers ..... the insurance policy did not cover the risk to the passengers carried lor hire or reward. sawant and tated jj. after considering the terms of the contract of insurance and in view of the decision of the supreme court in pushpabai purushottam udeshi, : [1977]3scr372 held that the passengers for hire or ..... formulate the question arising for determination as under : --'where, a passenger is carried in a goods vehicle for hire or reward and the terms of the contract of insurance do not provide for such carriage, is the insurer liable for the death or bodily injury to such passenger?'2. this appeal and, therefore .....

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Jul 19 1988 (HC)

Wipro Products Limited and Another Vs. the State of Maharashtra and An ...

Court : Mumbai

Decided on : Jul-19-1988

Reported in : [1989]72STC69(Bom)

v.s. kotwal, j.1. challenge to the vires of section 13aa of the bombay sales tax act, 1959 as introduced by maharashtra act no. 28 of 1982 essentially based on the main plank of legislative competency as also in the context of article 301 of the constitution of india is the centre of controversy generated in all these three petitions, which in turn revolves around the construction of the said provision in the context of other provisions of the bombay sales tax act (hereinafter referred to as the 'said act') as also item no. 92-b of the union list and item no. 54 of the state list in the seventh schedule to the constitution as prescribed under article 246 thereof.2. since identical contentions are raised in all the petitions as also same grounds were canvassed at the hearing and the controversy falls and can be resolved entirely on the common pattern, it is obviously justified and appropriate to dispose of all these three petitions by the common judgment. writ petitions nos. 2114 of 1983 and 2644 of 1984 were filed on the original side of this court while other petition was filed on the appellate side. by appropriate order the said two petitions from the original side have been transferred for hearing to this court and that is how all the three petitions ar clubbed and are heard together.3. since the factual aspect is not very much under controversy whereas the main attack relates to the various provisions of the said act, it would become unnecessary to have a detailed .....

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Jun 16 1988 (TRI)

Samrat Investment Pvt. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jun-16-1988

Reported in : (1989)(43)ELT334Tri(Mum.)bai

..... . the actual shipment of the goods took place on 28-2-1983, thus, there was enough time for the appellants to register the contract with the iron and steel controller. shri mondal also submitted that the letter of credit appeared to have been opened after the public notice.he, therefore, prayed that the appeal ..... there was no valid licence to cover the importation what the addl. collector meant was that there was violation of the o.g.l. condition, namely, non-registration of the contract with the iron and steel controller and therefore the addl. collector was justified in ordering confiscation.shri mondal submitted that the itc public notice was issued on 22-7-1982 ..... entered on 5th july, 1982. at best, the appellants could have only informed the iron & steel controller, calcutta that they had entered into a contract with the foreign supplier before the issue of the public notice. the appellants had explained that they had lost sight of the public notice. the department does not dispute that ..... on the ground that the appellants have contravened one of the conditions of the o.g.l. import, namely, that they had not registered their contract with the iron & steel controller, calcutta within 15 days of entering into the contract with the foreign supplier.3. the addl. collector, who adjudged confiscation and fine in his order, observed that non-registration of the .....

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Jul 07 1988 (HC)

Bharat Barrel and Drum Mfg. Co. Pvt. Ltd. Vs. Hindusthan Petroleum Cor ...

Court : Mumbai

Decided on : Jul-07-1988

Reported in : AIR1989Bom170

..... court. in waman shriniwas kini v. ratialal bhagwandas and co. : air1959sc689 , the supreme court observed that the consequence of enforecement of the contract before them would be to enforce an illegality and an infraction of a statutory provisions which could not be condoned by any conduct or agreement of ..... about the interpretation of an agreement and a suit to specifically perform it is filed, the plaintiff must aver readiness and willingness to perform the contract according to the interoperation the court places upon it. if he does not , and the court does not accept his interpretation of the agreement ..... performance was dismissed . similarly, it has been held that it the plaintiff insist on a condition which he is not entitled to under the contract as properly interpreted, his suit for specific performance must fall. the madras high court has taken the view that even where the plaintiff alleges ..... it is stated: 'for the purpose of cl. (c) ......... (ii) the plaintiff must aver performance of or readiness and willingness to perform , the contract according to its true construction'.13. o.p. aggarawala's law of specific relief in india, 6th edition, sets out why the said explanation was incorporated, ..... protest, and were therefore, entitled to specific performance of the agreement as interpreted by the court. he made reference in this behalf to chitty on contract, vol.i, 25th ed., para 1452. the subject there dealt with is 'tender under protest, or subject to valid condition ' and it is .....

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Apr 25 1988 (HC)

Goa Bottiing Co. Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Apr-25-1988

Reported in : 1989(1)BomCR68

..... aginst the government at the instance of the promise, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by art. 299 of the constitution.'however, it was added, that though the government cannot claim such exemption from liability to carry out its promise on some indefinite ..... guided by the principles of justice, fair play and good conscience. it was evolved by equity. its aim is to prevent injustice and it neither falls in the realm of contract nor in the realm of estoppel proper. it debars one, who has made a clear promise intending to create legal relations knowing or intending that it would be acted upon .....

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Jan 13 1988 (HC)

Shanta Genevieve Pommeret and Another Vs. Sakal Papers Pvt. and Others

Court : Mumbai

Decided on : Jan-13-1988

Reported in : [1990]69CompCas65(Bom)

..... pay the entire amount and complete the transaction on or before march 2, 1985, i.e. respondent no, 3 purported to make time the essence of the contract. in the meantime, the first petitioner, by her letter dated february 27, 1985, addressed to the respondents, inter alia, contended as follows : '....if and ..... that the shares had already been sold.36. in my view on the above mentioned correspondence, the petitioners could not be said to have repudiated the contract. in my view, the petitioners were all along ready and willing to purchase the shares. merely because they initially did not accept the price fixed by ..... 1926] a c 788.40. it is, therefore, argued that the first petitioner hot having relinquished her position as executrix, even if there was a concluded contract in favour of the petitioners, the same would be void and could not be enforced.41. this argument coming form respondents nos. 2,3 and 4, ..... and the shares are sold off without any insistence that the petitioners are bound to pay the price. in my view, therefore, this argument that the contract, if any, is void, coming from respondents nos. 2,3 and 4 clearly shows mala fides. there can be no denial that the second petitioner ..... the respondents that the right of the petitioners had come to an end cannot be accepted. it must be held that there is a valid and concluded contract in favour of the second petitioner. respondent no. 5 and his group having full knowledge of the same have no equities in their favour. their only .....

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