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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1973 Page 6 of about 75 results (0.107 seconds)

Nov 17 1973 (SC)

Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Bire ...

Court : Supreme Court of India

Decided on : Nov-17-1973

Reported in : AIR1974SC290; 1974CriLJ341; (1974)3SCC661; [1974]2SCR481

beg, j.1. the respondent, birendra chandra chakravarty, was tried by the additional chief presidency magistrate, calcutta, and convicted and sentenced to undergo one year's rigorous imprisonment and to pay a fine of rs. 2.000/- and, in default of payment of fine, to a further rigorous imprisonment for six months, on the following charge held to have been established against him :that you the said birendra chandra chakraborty, alias balak brahmachari on or about the 29th day of february, 1958, at calcutta, as trustee and agent of one shrimati saila bala dasi, from or on 26-11-1949 committed criminal breach of trust as such trustee and agent in respect of 3 bighas of land out of about 5 bighas of land situated in village bansdroni in the district of 24 parganas by selling the said three bighas of land to (1) birendra lal sarkar, (2) birendra nath bose, and (3) mahindra lal chakraborty, trustees of the ashoke trust, and misappropriated the profits thereof, and thereby you the said birendra chandra chakraborty, alias balak brahmachari, committed an offence punishable under section 409 of the indian penal code and within my cognizance.2. on an appeal by the convict respondent, the high court of calcutta by an exceptionally long judgment of more than a 100 pages, in the course of which a number of registered documents, their correct interpretation, and their effects were discussed, held that the dispute between the parties was essentially of a civil nature. it did not decide the .....

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Dec 07 1973 (SC)

Sappani Mohamed Mohideen and anr. Vs. R.V. Sethusubramania Pillai and ...

Court : Supreme Court of India

Decided on : Dec-07-1973

Reported in : AIR1974SC740; (1974)1SCC615; [1974]2SCR594

goswami, j.1. in this appeal we have to go back to a period close upon a passing century to divine what a hindu joint family that had separated at that distant date, thought, contemplated, did and above all intended not only then but also for the future. it was the year 1882 and precisely on 13th may of at year an instrument of partition was executed and registered amongst five brothers, namely, sivaramakrishna pillai, kailasam pillai, venkatachalam pillai, chidambaram pillai and namasivayam pillai sons of subramania pillai. the family appears to be religiously disposed and was keen to perpetuate the pious ancestral ideology. a genealogy given in the statement of case by the appellants gives the appropriate picture for the purpose of this appeal : subramania pillai shiverama kailasam venkatachalam chidambaram navasiva krishna pillai pillai pillai yam pillai pillai sethusubramanya pillai kailasam pillai venkatachalam gopalakrishan prianayagam (junior) pillai (jr.) pillai pillai (died in 1950) (died in 1953) (d-6) (d-7) r.v. sethusubramanya r.p. sethusubramanya pillai pillai (ist plaintiff) (2nd plaintiff) 2. to start with the deed of partition, it appears, the properties of the family were ancestral and were partitioned amongst the five brothers reserving some to be enjoyed in common and allotting certain properties to charities to be administered by one of their brothers, kailasam pillai. reading the entire document it appears that even after the partition kailasam pillai and .....

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Dec 03 1973 (SC)

State of Gujarat Vs. Yakub Ibrahim

Court : Supreme Court of India

Decided on : Dec-03-1973

Reported in : AIR1974SC645; 1974CriLJ597; (1974)0GLR334; (1974)1SCC283; [1974]2SCR572

beg, j.1. this is an appeal, by special leave, against the acquittal of the appellant, from a charge framed on 21-9-1967 as follows :that you on or about the 31st day of march 1967 at about 9:30 p.m. were found in state transport corporation workshop at naroda in ahmedabad, and you are a foreigner and you had come from pakistan and you had been permitted to stay in india till 20th september, 1958, by assistant secretary to the government of bombay and did not depart from india before expiring of that permit issued to you by no. 19904 dated 6-12-1967 before the date 20th september 1958 and remained in india and thereby you contravened the provisions of clause 7(iii) of foreigners order 1948 and thereby committed an offence punishable under section 14 of foreigners act 1946 and within my cognizance.2. the above mentioned charge was supported by the statement of mahmadmiya, p.w. 2, sub inspector, special emergency branch, ahmedabad, showing that the appellant was working in baroda central state transport workshop when he was arrested as a consequence of the information that he was a pakistani national who had come to india in 1955 on a pakistani passport. the accused had produced his pakistani passport (ex. 11) dated 8th september, 1955. the prosecution had also relied upon an application for a visa made by the accused to the high commissioner for india in pakistan on 10th october, 1955, in which he had, inter alia, stated that he had migrated from india to pakistan in 1950. .....

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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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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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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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Dec 11 1973 (SC)

M/S. Binani Bros. (P) Ltd. Vs. Union of India and ors. M/S. Pragdas Ma ...

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : (1974)3CTR(SC)18

..... in belgium, inspected there and imported into india for the consignee. movement of goods from belgium to india was 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.10. 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 proceeding 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 for 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 29 1973 (SC)

Qudrat Ullah Vs. Municipal Board, Bareilly

Court : Supreme Court of India

Decided on : Nov-29-1973

Reported in : AIR1974SC396; (1974)1SCC202; [1974]2SCR530; 1974(6)LC237(SC)

..... disability, which was imposed by the previous law having been removed, there was nothing that stood in the way of the plaintiffs recovering rent at the contract rate, when the cause of action for the same arose. the effect of substitution of the new section 48 for the old section 48 by section ..... had not materialised into a binding contract for want of government approval, the plaintiff ineffectually demanded of the defendant, by notice ex. '6' of 1951, to desist from realising the market dues and ..... plaintiff, was executed on 19-11-44 (ex. '1'). the defendant's case is that on the expiration of the term of ex. '1', a fresh contract dated 31-12-47, ex. '4' was entered into between the parties, substantially repeating the same terms and conditions. on the basis that ex. '4' ..... 1. this litigation, started in 1951, has lived long, although the main point on which the fate of the case rests is the construction of a contract between the municipal board, bareilly (the respondent in civil appeal no. 1727 of 1968) and the thekedar under it of the municipal market, one habibullah ..... in appeal have had to diverge in their conclusions, and before us long arguments have been hopefully addressed to help us designate the contract with certitude a lease or license.3. the defendant (the appellant's father) had for several years been collecting 'tahbazari' dues from the market .....

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Jan 30 1973 (SC)

Faqir Chand Vs. Shri Ram Rattan Bhanot

Court : Supreme Court of India

Decided on : Jan-30-1973

Reported in : AIR1973SC921; (1973)1SCC572; [1973]3SCR454

..... question of protection to tenants against eviction, in so far as it is relevant, is as follows :14. (1) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or controller in favour of the landlord against a tenant :provided that ..... the tenant.11.the provision of clause (k) of the proviso to sub-section (1) of section 14 is something which has to be given effect to whatever the original contract between the landlord and the tenant. the leases were granted in 1940, and the buildings might have been put up even before the delhi and ajmer rent control act 1952 .....

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