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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1973 Page 1 of about 75 results (0.090 seconds)

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Dec 11 1973 (SC)

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC818; (1974)1SCC424; [1974]2SCR629

..... rent control acts do not confer on the landlord a new right of eviction, but merely restrict his existing right to recover possession under the contract or the general law. the landlord cannot, therefore, sue for recovery of possession on any of the grounds recognised as valid by the rent ..... respect of bargaining power than the tenant, that it enacted a provision in the act for relieving the landlord against the consequences of an unwise contract entered into by him with open. eyes. to take such a view would be to pervert the legitimate end of a social legislation and ..... for the protection of tenants and are consequently restrictive and not enabling or conferring any rights of action but restricting the existing rights either under the contract or under the general law." that is what this court said in manuiendra dutt v. purendu prosad roy chowdhury & ors.(1), while dealing ..... . ordinarily we do. not find, and indeed it would be a strange and rather incomprehensible phenomenon, that legislation intervenes to disturb the sanctity of contract for the benefit of a stronger party who does not need the protective hand of the legislature. this consideration we must constantly keep. before us ..... protection of tenants and are consequently restrictive and not enabling, conferring no new rights of action but restricting the existing rights either under the contract or under the general law." should not be held to apply to all rent acts irrespective of the scheme of those acts and their provisions .....

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Apr 16 1973 (SC)

State of Uttar Pradesh and anr. Vs. Annapurna Biscuit Mfg. Company

Court : Supreme Court of India

Decided on : Apr-16-1973

Reported in : AIR1973SC1333; (1974)3SCC121; [1973]3SCR987; [1973]32STC1(SC)

..... comprehends the power to impose tax, to prescribe machinery for collecting the tax, to designate officers by whom the liability may be imposed and to prescribe the authority, obligation and indemnity of the officers. the state legislature may under entry 54, list ii, be competent to enact a law in respect of matters necessarily incidental to tax on the sale and ..... .8. argument has been advanced before us on behalf of the appellant that the impugned law would be covered by entry 7 in list iii which relates, inter alia, to contracts. a similar argument was advanced in the case of ashoka marketing ltd. (supra) and was rejected in the following words:we fail to appreciate how power to legislate in respect .....

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Apr 16 1973 (SC)

State of U.P. and anr. Vs. M/S. Annapurna Biscuit Mfg. Company.

Court : Supreme Court of India

Decided on : Apr-16-1973

Reported in : (1973)2CTR(SC)270

..... comprehends the power to impose tax, to prescribe machinery for collecting the tax, to designate officers by whom the liability may be imposed and to prescribe the authority, obligation and indemnity of the officers. the state legislature may under entry 54, list ii competent to enact a law in respect of matters necessarily incidental to 'tax on the sale and purchase ..... .8. argument has been advanced before us on behalf of the appellant that the impugned law would be covered by entry 7 in list iii which relates, inter alia, to contracts. a similar argument was advanced in the case of ashoka marketing ltd. (supra) and was rejected in the following words :'we fail to appreciate how power to legislate in respect .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Decided on : Apr-24-1973

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... contemplated in the statute. 1085. this court in state of west bengal v. bela banerjee 1954 s.c.r. 558 held that the word "compensation" means just equivalent or full indemnity for the property expropriated.in dwarkadas srinivas v. sholapur spg & wvg. co. ltd. 1954 s.c.r. 674 this court struck down the law for taking over the management ..... contemplated a wide amending power so as to meet the challenges of the times offered by rapidly changing social, political, economic, national and international conditions and situations. we cannot contract what the constitution makers clearly intended to make elastic and expansible.1914. for the foregoing reasons, i hold that the 24th amendment of the constitution is valid. it would, ..... committed by the state governments. the interest, wisdom, and justice of the representative body, and its relations with its constituents furnish the only security where there is no express contract against unjust and excessive taxation, as well as against unwise legislation generally. 1472. that power may be abused furnishes no ground for denial of its existence if government is ..... used. another kind of interference touches the freedom of use of property, through the growing number of social obligations attached by law to the use of industrial property, or contracts of employment. the degree of public control over private property depends largely on the stringency of economic conditions. increasing prosperity and availability of consumer goods has led to a drastic .....

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Nov 12 1973 (SC)

Damodar Valley Corporation Vs. K.K. Kar

Court : Supreme Court of India

Decided on : Nov-12-1973

Reported in : AIR1974SC158; (1974)1SCC141; [1974]2SCR240

..... advocate for the respondent also frankly conceded that the high court was not justified in dismissing the petition altogether. in the circumstances, as we have held that where in a contract there is an arbitration clause, notwithstanding the plea that there was a full and final settlement between the parties, that dispute can be referred to the arbitration, the subordinate judge ..... any obligation which one party has undertaken to the other, such dispute shall be settled by arbitration. an accord and satisfaction which is concerned with the obligations arising from the contract, does not affect an arbitration clause contained in it. it will be observed that while the decision rested on the interpretation of the settlement clause as to whether the ..... agreement :'...if at any time any question, dispute or difference whatsoever shall arise between the corporation and the successful tenderer upon or in relation to, or in connection with the contract, either party may forthwith give to the other, notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the adjudication ..... receipt as desired. the amount of the bill was, however, paid, after receipt of which the respondent claimed further sums from the appellant including damages for repudiation of the contract. when the appellant did not agree to comply with the demands the respondent served a notice of his intention to refer the matter to the arbitration under the arbitration clause .....

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Nov 12 1973 (SC)

Damodar Valley Corporation Vs. K. K. Kar.

Court : Supreme Court of India

Decided on : Nov-12-1973

Reported in : (1974)3CTR(SC)101

..... advocate for the respondent also frankly conceded that the high court was not justified in dismissing the petition altogether. in the circumstances, as we have held that where in a contract there is an arbitration clause, notwithstanding the plea that there was a full and final settlement between the parties, that dispute can be referred to the arbitration, the subordinate judge ..... any obligations which one party has undertaken to the other, such dispute shall be settled by arbitration. an accord and satisfaction which is concerned with the obligations arising from the contract, does nor affect an arbitration clause contained in it. it will be observed that while the decision rested on the interpretation of the settlement clause as to whether the original ..... :'... if at any time any question, dispute or difference whatsoever shall arise between the corporation and the successful tenderer upon or 'in relation to, or in connection with the contract, either party may forthwith give to the other, notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the adjudication of ..... receipt as desired. the amount of the bill was, however, paid, after receipt of which the respondent claimed further sums from the appellant including damages for repudiation of the contract. when the appellant did not agree to comply with the demands the respondent served a notice of his intention to refer the matter to the arbitration under the arbitration clause .....

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Aug 03 1973 (SC)

M.L. Devender Singh and ors. Vs. Syed Khaja

Court : Supreme Court of India

Decided on : Aug-03-1973

Reported in : AIR1973SC2457; (1973)2SCC515; [1974]1SCR312

..... section 12 of the old act may be reproduced in toto :-12. except as otherwise provide in this chapter, the specific performance of any contract of any contract may in the discretion of the court be enforced-(a) when the act agreed to be done is in the performance, wholly or partly, ..... equity helps honest plaintiffs against defendants who break solemnly given undertakings. the high court had rightly decreed the suit for specific performance of the contract.25. lastly, it was urged before us that the high court should not have lightly interfered with the exercise of its discretion by the ..... one time have been given statutory form in india. it is, therefore, immaterial that the stipulated payment under the terms of the contract under consideration before us could be viewed as one for payment of liquidated damages. the question would still remain whether the courts are relieved ..... agreed to be paid as liquidated damages is, equally with a penalty strictly so called, ineffectual to prevent the court from enforcing the contract in specie.18. the equitable principles which regulated the grant of specific performance by the separate court of equity which existed in england at ..... assumptions underlying the superficially attractive arguments on behalf of the defendants-appellants are two: firstly, that the mere existence of a clause in a contract providing for liquidated damages or a penalty for a breach is sufficient to rebut the presumption raised by the explanation to section 12; and, .....

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Nov 29 1973 (SC)

R.N. Ganekar and Co. Vs. Hindustan Wires Ltd.

Court : Supreme Court of India

Decided on : Nov-29-1973

Reported in : AIR1974SC303; (1974)1SCC309; 1974(6)LC30(SC)

..... it is the arbitration agreement only which is the subject matter for consideration before the court. indeed if an arbitration agreement forms one of the clauses in a contract and that contract is for some reason invalid in law or non-existent in law, it would automatically follow that the arbitration agreement also was invalid or non-existent in the ..... the price per ton was rs. 2450/- the respondents countered that price was subject to variation. the respondents had refused to deliver the remaining portion of goods under the contract only because the appellants, though they had orally agreed to accept the price variation clause, had not formally accepted that clause in writing. the respondents' petition in high court ..... single judge was further of the view that the price variation clause referred to by the respondents had never been agreed between the parties and hence there was no concluded contract even as alleged by the respondents. in these circumstances, therefore, he granted a perpetual injunction restraining the appellants from proceeding with the arbitration reference.10. it is contended ..... consequently there was no arbitration agreement between the parties; (iii) an injunction restraining the appellants from proceeding with the reference and (iv) a declaration that there was a concluded contract including the arbitration clause between the parties not in terms of the price alleged by the appellants but subject to variation as notified to the appellants by letter dated 16 .....

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Nov 22 1973 (SC)

State of U.P. and ors. Vs. Sughar Singh

Court : Supreme Court of India

Decided on : Nov-22-1973

Reported in : AIR1974SC423; 1974LabIC353; (1974)ILLJ260SC; (1974)1SCC218; [1974]2SCR335

..... case that 'appointment to a post on officiating basis is, from the nature of employment, itself of a transitory character and in the absence of any contract or specific rule regulating the conditions of service to the contrary, the implied term of such an appointment is that it is terminable at any time. ..... the service of a temporary servant or reducing the servant in rank so long as the particular action taken was 'founded on the right flowing from contract or the service rules.'15. since we are concerned in this case with a case of reversion, we propose to confine our attention to the ..... in shrinivas ganesh v. union of india : (1957)iillj189bom wholly irrelevant. in short, if the termination of service is founded on the right flowing from contract or the service rules, then, prima jade the termination is not a punishment and carries with it no evil consequences and so article 311 is not attracted. ..... action is different and is connected with some disqualification or inefficiency of the officer. in other words government while pretending to act in terms of the contract of service or service rules, in reality wants to get rid of the officer concerned or to reduce him to a lower rank by way of ..... government and the language and terms of the order itself are not in harmony. in many cases though government take action under the terms of a contract of employment or under the specific service rules for the purpose of terminating the service or reducing the rank of an officer, the real motive or .....

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