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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1970 Page 1 of about 66 results (0.107 seconds)

Feb 10 1970 (SC)

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Feb-10-1970

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... management of plate, jewels, title deeds or other valuable goods on terms, transacting of pecuniary agency business on commission and the entering into of contracts of indemnity, suretyship or guarantee with specific security or otherwise, the administration of estates for any purpose whether as an executor, trustee or otherwise, and ..... state bank act, the agency business is mentioned in section 33(xii) of the state bank act. the business of guarantee, underwriting and indemnity is found in section 33(xi)(xii)(a) of the state bank act and the business of trusteeship and executorships is specifically found in the ..... or other valuables on deposit or for safe custody and providing of safe deposit vaults, (2) agency business, (3) business of guarantee, giving of indemnity and underwriting and (4) business of acting as executors and trustees. 'banking' was defined for the first time in the 1949 act as meaning the ..... violates the guarantee of freedom of trade, commerce and intercourse in respect of the (1) agency business; (2) business of guarantee and indemnity carried on by the named banks.v. validity of the retrospective operation given to act 22 of 1969 by section 1(2) and section 27 ..... to the chief executive officer of the corresponding new bank with authority to take steps to wind up the affairs of that bank. all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the .....

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Mar 09 1970 (FN)

United States Vs. Seckinger

Court : US Supreme Court

Decided on : Mar-09-1970

..... v. anaconda american brass co., 43 wis.2d 36, 168 n.w.2d 112 (1969) (indemnitor not liable for such portion of total liability attributable to act of indemnitee unless indemnity contract by express provision and strict construction so provides); cases collected in annot., 175 a.l.r. 8, 29-38 (1948). other cases do not require that indemnification for the indemnitee ..... to permit indemnification of the government for its own negligence, which had substantially contributed to the injury. held: though the government, under the contract clause involved here, cannot recover for its own negligence, it is entitled to indemnity on a comparative basis to the extent that it can prove that respondent's negligence contributed to the employee's injuries. pp. 397 u ..... court's opinion to the contrary, we do not deal here with "common law or statutory rules of contribution or indemnity." [ footnote 2/4 ] the only question the court decides is the meaning of the words of a clause in a government contract. [ footnote 2/5 ] i think the page 397 u. s. 220 meaning attributed to that clause today is as ..... evidence was presented to the district court. that court merely adhered to the construction of the contract that had been adopted by the court of appeals, 153 f.2d 605 (c.a.2d cir.1946), namely, that the united states was entitled to full indemnity from a stevedoring contractor although both the united states and the contractor were found to have been .....

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Dec 15 1970 (SC)

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Decided on : Dec-15-1970

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... turned or used against the state whose strength it is'. imperfect rights are not based on morality. many rights are wrecked on the rock of unenforceability. act of indemnity is one illustration. duty is legal, when sanction is attached to its breach. sanction means the appointed consequences of disobedience sanctionless duties are imperfect obligations. really speaking imperfect ..... imperfect obligations' since the constitution takes the matter into itself and gives them is own guarantees. the individual rights and obligations no doubt originally flowed from a contract between high contracting parties and might not have create a vinculum juris in favour of third parties but the constitution having granted rights and created corresponding obligations, those rights and ..... such, create direct rights and obligations for private individuals. but it cannot be disputed that the very object of an international agreement, according to the intention of the contracting parties, may be the adoption by the parties of some definite rules, creating individual rights and obligations and enforceable by the national courts. that there is such an ..... article could only be read by itself and even the chapter on fundamental rights was excluded. the reason given was that these instruments were political agreements between high contracting parties and the municipal courts had no say in matters which were political or acts of state. the covenants were not self-executing and created imperfect obligations and .....

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Apr 09 1970 (SC)

Madhya Pradesh Mines Vs. R.B. Sreeram Durga Prasad Ltd.

Court : Supreme Court of India

Decided on : Apr-09-1970

Reported in : AIR1970SC1025

..... of the trial court that the defendants failed to establish the case that there was a subsequent oral agreement varying the terms of the written contract in respect of the specifications relating to the contents of silica, phosphorous and iron.6. the trial court held that the defendants had ..... that they intended to enforce the original terms of the contract and the plaintiffs having failed to do so in good time before december 31, 1953, the delivery offered to them of 3,693 tons ..... ' by their declarations, acts and omissions intentionally caused and permitted the defendants to believe that they will not enforce the terms stipulated in the contract, but will accept the ore under the terms as modified by the subsequent oral agreement; that the plaintiffs had never sis-formed the defendants ..... the specifications regarding silica,' iron and phosphorous contents of the ore but to accept the ore; that there was a distinct subsequent oral agreement after contract no. 66 was executed by which the plaintiffs agreed that they would not enforce the stipulation about the contents of silica, iron and phosphorous, ..... accepted, because it was according to the plaintiffs, not according to the specifications. the defendants thereafter did not supply the balance of 351 tons. under contract no. 66 upto december 27, 1953, the defendants supplied 2,873 tons 3 c.w.t. the defendants also offered to supply between 28th & .....

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Oct 12 1970 (SC)

Parbhat General Agencies, Etc. Vs. Union of India (Uoi) and anr., Etc.

Court : Supreme Court of India

Decided on : Oct-12-1970

Reported in : AIR1971SC2298; (1971)1SCC79; [1971]2SCR564; 1971(III)LC20(SC)

..... such agreement the vacancy can be easily supplied and there is no reason to think that the arbitration will be infructuous at all. if the particular officer sanctioning the contracts refuses to act or is incapable of doing so by reason of his absence or otherwise there are provisions in the arbitration act for the appointment of another arbitrator in ..... that no other clause in the agreements is relevant for our present purpose. disputes arose between the appellants and the respondents in respect of some claims arising from the said contracts. the appellants requested the respondents to refer the disputes to the arbitration of the judicial commissioner, himachal pradesh. the respondents declined to agree to make the reference in question. ..... provided for and has been so decided, every such matter including whether its decision has been otherwise provided for and whether it has been finally decided accordingly or whether the contract should be terminated or has been rightly terminated and as regards the rights and obligations of the parties as the result of such termination be referred for arbitration to the ..... clause that came to be considered by the court read as follows :any dispute or difference arising out of the contract, settlement of which is not hereinbefore provided for, shall be referred to the arbitration of the officer sanctioning the contract whose decision shall be final and binding.8. interpreting that clause read alongwith other clauses in the arbitration agreement das .....

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Mar 17 1970 (SC)

Perumal Nadar (Dead) by Lrs. Vs. Ponnuswami

Court : Supreme Court of India

Decided on : Mar-17-1970

Reported in : AIR1971SC2352; (1970)1SCC605; [1971]1SCR49

..... . there is evidence on the record that there were in 1957 some disputes between annapazham and perumal. annapazham had lodged a complaint before the magistrate's court that perumal had contracted marriage with one bhagavathi. that complaint was dismissed and the order was confirmed by the high court of madras. because of this complaint, the relations between the parties were strained ..... community as belonging to the hindu faith, and the plaintiff was also treated as a hindu. on the evidence there can be no doubt that annapazham bona fide intended to contract marriage with perumal. absence of specific expiatory or purificatory ceremonies will not, in our judgment, be sufficient to hold that she was not converted to hinduism before the marriage ceremony ..... , absence of some formality cannot negative what is an actual fact. krishnaswami ayyangar, j., observed that a hindu who had converted himself to the christian faith returned to hinduism and contracted a second marriage during the lifetime of his first wife and remained and died a hindu having been accepted as such by the community and co-religionists without demur. absence ..... .r. 33 mad. 342 the validity of a marriage according to hindu rites between a hindu and a christian woman fell to be determined. it was held that the marriage contracted according to hindu rites by a hindu with a christian woman, who before marriage is converted to hinduism, is valid, though the marriage was not in strict accordance with the .....

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Oct 16 1970 (SC)

Bhagwan Das (Dead) by Lrs. and ors. Vs. Chet Ram

Court : Supreme Court of India

Decided on : Oct-16-1970

Reported in : AIR1971SC369; (1971)1SCC12; [1971]2SCR640

..... of the decree. the right of pre-emption is a weak one and is liable to be defeated by all legitimate means at the instance of a vendee against whose contract an inroad is being attempted by the preemptor. the vendee is on the defensive and is entitled to arm himself with a shield in order to protect his right. the .....

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Sep 29 1970 (SC)

Deputy Chief Controller of Imports and Exports, New Delhi Vs. K.T. Kos ...

Court : Supreme Court of India

Decided on : Sep-29-1970

Reported in : AIR1971SC1283; 1971CriLJ1081; (1970)3SCC82; [1971]2SCR507

..... the statute or the instrument considered as a whole clearly conveys a somewhat different shade of meaning. it is not always a safe way to construe a statute or a contract by dividing it by a process of etymological dissection and after separating words from their context to give each word some particular definition given by lexicographers and then to reconstruct .....

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Sep 14 1970 (SC)

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Decided on : Sep-14-1970

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.in substance our law of contract with regard to undue influence stresses upon the domination of the will by another to obtain an unfair advantage by the exercise thereof. so far ..... . the mere fact that domination was exercised is sufficient; no abuse of confidence need be proved.'298. according to cheshire and fifoot on the laf of contract (7th edition) p. 264 :the courts have never attempted to define undue influence with precision, but it has been described as 'some unfair and improper ..... and only the more extreme forms of coercion will suffice. in equity, however, owing to the development of the doctrine of constructive fraud, a contract may be rescinded in cases where common law provides no remedy.... at common law duress consists in actual or threatened violence or imprisonment; the subject of ..... without intent to interfere with an electoral right would not be undue influence.52. it is not necessary to consider the provisions of the indian contract act or the english law on the subject because we have a special definition given by parliament.53. the question that then arises is ; ..... trying election disputes and our indian law has by and large followed the same pattern. according to anson on english law of contract (22nd edition) chapter vii :a contract which has been obtained by means of pressure or intimidation is voidable at common law or in equity on the ground of duress .....

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Apr 17 1970 (SC)

General Fibre Dealers Ltd. Vs. Commissioner of Income-tax (Central), C ...

Court : Supreme Court of India

Decided on : Apr-17-1970

Reported in : AIR1970SC1613; [1970]77ITR23(SC); (1971)3SCC134a

..... any demand from the assessee on account of reduction in export duty although it was fully aware of such reduction. the assessee was, therefore, entitled under the contract to receive the entire amount of the money paid by the i. a. p. i. on these findings which were based on the materials which have ..... the relevant year at any subsequent stage: in other words, the liability being contractual obligation to pay the amount of the rebate arose from the contract and unless its terms were varied by mutual assent it could not be said that the amount in question could be treated as income accruing to ..... withdrawal of the same from the bank would inevitably go to show that the assessee treated the contractual price as inflexible.(5) the express terms in the contract 'export duty based on current rates; any alterations to be on buyer's account' were finally disregarded by the assessee, as will be evident from ..... the question in the affirmative and against the assessee. the high court gave a summary of its conclusions as follows:(1) liability in terms of contract did certainly arise when there was a variation in the rate of export duty but since the contractual liability was not accepted and admitted it cannot ..... assessment year 1954-55, the previous year being from 20th january 1953 to 7th february 1954, the assessee who is the appellant entered into a contract for supply of 10,000 tons of hessian cloth at 136-19-9 per metric ton with a party in buenos aires in south america which will .....

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