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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1973 Page 4 of about 75 results (0.086 seconds)

Aug 28 1973 (SC)

Delhi Development Authority Vs. Durga Chand Kaushish

Court : Supreme Court of India

Decided on : Aug-28-1973

Reported in : AIR1973SC2609; (1973)2SCC825; [1974]1SCR535

..... give in a moment, as its main purpose, one must reject words, indeed whole provisions, if they are inconsistent with what one assumes to be the main purpose of the contract.30. if the ambiguity created by the words used in the proviso to the 9th covenant can be resolved, assuming that two interpretations of it are reasonably possible, as it .....

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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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Apr 24 1973 (SC)

Har Prasad Choubey Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Apr-24-1973

Reported in : AIR1973SC2380; (1973)2SCC746

..... in spite of the fact that it was not one of the conditions of the auction. the appellant is, therefore, clearly entitled to the refund of his money. furthermore, the contract itself not being in accordance with section 175 of the government of india act is void and the appellant is entitled to the refund of his money. we are unable ..... to understand the reasoning of the high court when it proceeds as though the appellant was trying to enforce the contract. we can see no justification for the lower court refusing to allow interest for the plaintiff's amount at least from the date of his demand, or the latest from .....

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Dec 11 1973 (SC)

Binani Bros. (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC1510; (1974)1SCC459; [1974]2SCR619; [1974]33STC254(SC)

..... belgium, inspected there and imported into india for the consignee. movement of goods from belgium to india was in pursuance of the conditions of the contract between the assessee and the director general of supplies, there was no possibility of these goods being diverted by the assessee for any other purpose. ..... the export being inextricably linked up with the sale so that the bond cannot be dissociated without a breach of the obligation arising by statute, contract or mutual understanding between the parties arising from the nature of the transaction, the sale is in the course of export.11. in the khosla ..... sales for export and not in the course of export. the court observed that to occasion export there must exist such a bond between the contract of sale and the actual exportation, that each link is inextricably connected with the one immediately preceding it and that without such a bond, ..... the import licences granted to it, was entitled to import the goods from any person or country and that the import licences issued as against the contracts with the dgs&d; imposed no obligation on the petitioner to supply the goods to the dgs&d; after they had been imported. they, therefore ..... the central sales tax act, 1956. the petitioner used to procure non-ferrous metals from various countries and also from within the country for fulfilling its contracts with the government of india through the dgs&d.; the import of non-ferrous metals was under open general licence till june 30, 1957. thereafter .....

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Nov 19 1973 (SC)

Shri Baradakanta Mishra Vs. the Registrar of Orissa High Court and anr ...

Court : Supreme Court of India

Decided on : Nov-19-1973

Reported in : AIR1974SC710; 1974CriLJ631; (1974)1SCC374; [1974]2SCR282

palekar, j.1. this is (criminal appeal no. 41 of 1973) an appeal by one baradakanta mishra from his conviction and sentence under the contempt of courts act, 1971 by a full bench of five judges of the orissa high court. the judgment is reported in i.l.r. [1973] cut 134 (registrar of the orissa high court v. baradakanta mishra and ors.).2. the appellant started his career as a munsif in 1947. his career as a judicial officer was far from satisfactory. in 1956 he was promoted on trial basis to the rank of a sub-judge with the observation that if he was found incompetent, suitable action would be taken. in due course, he was confirmed as a subordinate judge. on april, 2, 1962 he was promoted, again on, trial basis, to the rank of additional district magistrate (judicial) which is a post in the cadre of the orissa superior judicial service (junior branch). as ms work was found unsatisfactory, he was reverted to his substantive post of a subordinate judge on january 4, 1963. the order of reversion was challenged by him in a writ petition which was dismissed by a bench of ahmad, c.j. and barman, j. the case is reported in i.l.r.] 1966, cut 503. an appeal to the supreme court was dismissed on february 6, 1967. while working as a subordinate judge, after reversion, he was suspended from service from 15th may, 1964 to 9th april, 1967 during the pendency of a disciplinary proceeding against ham. that proceeding ended in a light punishment of two of his increments being stopped. from .....

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Mar 07 1973 (SC)

Hindustan Lever Ltd. Vs. Ram Mohan Ray and ors.

Court : Supreme Court of India

Decided on : Mar-07-1973

Reported in : AIR1973SC1156; [1973(26)FLR408]; 1973LabIC784; (1973)ILLJ427SC; (1973)4SCC141; [1973]3SCR624

..... in ram nath koeri v. lakshmi devi sugar mills. and ors. : (1956)iillj11all where it was observed that the payment of wages is one of the essential ingredients of the contract of employment and that the word 'conditions' includes the idea conveyed by the word 'terras' but goes beyond it and is not confined to what is included in that word .....

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Apr 27 1973 (SC)

The Binny Limited Vs. their Workmen

Court : Supreme Court of India

Decided on : Apr-27-1973

Reported in : AIR1973SC1403; 1973CriLJ1119; [1973(26)FLR423]; 1973LabIC1119; (1974)3SCC152; 1973(5)LC728(SC)

..... since ramachandran had absented himself for 8 consecutive working days without leave, it should have been held that he had left the company's service without notice, thereby terminating the contract of service. it has further been pointed out that the labour court after having found that ramachandran had obtained leave on a false pretext, fell into a serious error in ..... leave for 8 days without wages or dearness allowance from 12 the june, 1956.3. the decision taken by the management was that ramachandran had left the service, terminating his contract under standing order 8(ii) of the standing orders applicable to the establishment, by absenting himself without leave for 8 consecutive working days. an enquiry was also held on july .....

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Dec 11 1973 (SC)

State of U.P. Vs. Bansi Dhar and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC1084; (1974)1SCC446; [1974]2SCR679

..... . papers moved but the agreement did not click. the trial court, going through the documentary evidence on this aspect, concluded :it is, therefore, clear that there was no finally accepted contract between parties. there have been offers and counter offers without any final acceptance by either of them.... it is, therefore, erroneous to say that defendant started construction on the assurance ..... general charitable purposes and not to the particular institute conditionally upon that institute being called into existence. i am wholly unable to follow mr. sergant's suggestion founded on a contract between the parties.when money has once been paid ever to the trustees in the lifetime of the donor a complete trust is created, and the money must be held .....

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Apr 25 1973 (SC)

Raghunath Prasad Poddar, Etc. Vs. Commissioner of Income Tax, Calcutta

Court : Supreme Court of India

Decided on : Apr-25-1973

Reported in : AIR1973SC2061; [1973]90ITR140(SC); (1974)3SCC205; [1974]1SCR91

..... from any other business6. explanation 2 is important for our present purpose. it says :where a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the ..... losses in its business in the sale and purchase of gunny bags. the income-tax officer treated those losses as speculative losses. he held that the contracts in respect of the gunny bags said to have been sold were settled only by delivery of pucca delivery orders (in short p.d.os) ..... in which the goods in that case were transferred. the learned trial judge observed :now visualize the long chain of contracts in which the defendant's contract is one of the contracting links. the defendant buys from its immediate seller and sells to its immediate buyer. as seller it is liable to ..... tax act, 1939. therein the respondent was a dealer in gunny bags. he purchased gunnies from the mills on terms of a written contract which was on a printed form. the mills after receiving the part of the purchase price issued 'delivery orders' directing the delivery of the goods ..... as per the contract. instead of taking delivery himself, the respondent endorsed the delivery orders to another person for consideration and those delivery orders passed through several hands .....

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Aug 22 1973 (SC)

The Management of Brooke Bond India (Private) Ltd. Vs. Y.K. Gautam

Court : Supreme Court of India

Decided on : Aug-22-1973

Reported in : AIR1973SC2634; [1973(27)FLR299]; 1973LabIC1587; (1973)IILLJ454SC; (1974)3SCC451

..... or unreasonable as would lead to the inference that it has been passed for ulterior motive and is not in bona fide exercise of the power arising out of the contract. it is, therefore, necessary to examine the evidence.9. the respondent before he was employed by the appellant was according to his averment, employed as assistant manager in tea estate ..... capricious or unreasonable as would lead to the inference that it has been passed for ulterior motive and not in bona fide exercise of the power arising out of the contract. in such a case it is open to the industrial tribunal to interfere with the order of the management and to afford proper relief to the employee. this view is ..... adjudication, it would be competent to the industrial tribunal to enquire whether the order of termination has been effected in the bona fide exercise of its power conferred by the contract. if the discharge of the employee has been ordered by the management in bona fide exercise of its power, the industrial tribunal will not interfere with it, but it is .....

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