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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1973 Page 7 of about 75 results (0.094 seconds)

Sep 18 1973 (SC)

State of Kerala and anr. Vs. the Gwalior Rayon Silk Manufacturing (Wvg ...

Court : Supreme Court of India

Decided on : Sep-18-1973

Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671

..... wooded areas.8. section 3 is important. 'private forests to vest in government-(1) notwithstanding anything contained in any other law for the lime being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests .....

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Oct 30 1973 (SC)

The Gujarat Mineral Development Corporation Vs. Shri P.H. Brahmbhatt

Court : Supreme Court of India

Decided on : Oct-30-1973

Reported in : AIR1974SC136; (1974)ILLJ97SC; (1974)3SCC601; [1974]2SCR128; 1974(1)SLJ272(SC)

..... it aside. the test is whether the act of the employer is bona fide or not. if it is not and is a colourable exercise of the power under the contract of service or standing orders, the tribunal can discard it and in a proper case direct reinstatement. see also tata engineering and locomotive company ltd. v. prasad : (1969)iillj799sc .9 ..... , to terminate the services of an employee or to discharge him without giving any reasons. it is true, normally an employer may terminate the services under the terms of the contract or the standing orders as duly certified, but where an industrial dispute is raised the form of the order is not conclusive, and the tribunal to which the dispute is ..... to seven days pay only in lieu of notice. in our view, the order cannot be held to be invalid.8. the appellant's counsel contends that where under a contract of service there is power to terminate the services, that power having been exercised bona fide, the termination cannot be held to be invalid, and consequently it is open to ..... to be reinstated with full back wages.4. as against these averments, the case of the corporation was that the concerned workmen was only a temporary employee and under the contract of his employment he was to be taken up as a probationer, and after completion of the probationary period he was to be confirmed. however, during his service, as he .....

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Dec 21 1973 (SC)

Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. Vs. the Asstt. Commissioner of ...

Court : Supreme Court of India

Decided on : Dec-21-1973

Reported in : AIR1974SC1660; [1974]94ITR204(SC); (1974)4SCC98; [1974]2SCR879; [1974]33STC219(SC)

..... only standard which the court can find is so broad as to be almost illusory.53. the position in australia is also practically the same. in victorian stevedoring and general contracting company pvt. ltd. v. dignan [1931] 46 cri.l.r. 73 : dixon, j. said that the objection to delegation of legislative power was not based on the ground that the ..... contract or a sub-contract price which is found as a result of renegotiation to represent excessive profits' which means, in other words that excessive profits mean excessive profits. the court repelled the challenge on ..... ' is mentioned.51. in lichter v. united states 334 u.s. 742, the supreme court upheld the validity of the renegotiation act. that act provided for the renegotiation of war contracts and authorised administrative officers to recover profits which they determined to be excessive; such profits being defined to mean 'any amount of a .....

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Jan 31 1973 (SC)

Ram NaraIn Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-31-1973

Reported in : AIR1973SC1188; 1973CriLJ914; (1973)3SCC805; [1973]3SCR463; 1973(5)LC598(SC); 1973()WLN98

..... give to p.w. 1 some more land elsewhere. it appears that the approver and the appellant had by then become quite intimate. the approver gave to the appellant a contract for filling up the foundation for a house and also paid him about rs. 8 or 9 hundred for which he took no receipt. the approver also started teaching the ..... the public or to any person or to support any claim or title or to cause any person to part with property or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery. section 30, i.p.c., defines 'valuable security' to be a document which purports to be .....

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Mar 02 1973 (SC)

Brij Kishore Prasad Singh and ors. Vs. Jaleshwar Prasad Singh and ors.

Court : Supreme Court of India

Decided on : Mar-02-1973

Reported in : AIR1973SC1130; 1975(0)BLJR146; (1973)1SCC672; [1973]3SCR562

k.k. mathew, j.1. this is an appeal, by special leave, by the plaintiffs from a decree passed in appeal by the patna high court dismissing their suit for recovery of the plaint property with mesne profits.2. plaintiffs 1 to 4 are the daughter's sons of one kishundeo singh, plaintiffs 5 and 6 are his daughters and plaintiff 7 is his widow. the plaint property together with some other properties belonged to the joint family of which kishundeo singh and his brothers were the members. suit no. 60/34 of 1944-46 was instituted for partition of the properties. that suit was compromised on july 4, 1947 and different schedules were prepared for the property allotted to the shares and sons property was left in the joint possession of all of them. the plaint property fell to the share of kishundeo singh under the compromise. it may be mentioned that as none of the parties to the compromise produced the necessary stamp paper as directed by the court, no decree was drawn up by the court.3. in the suit for recovery of possession of the plaint property filed by the plaintiffs, defendants 1 and 2 contended that kishundeo singh, while he was alive, executed a hukumnama in 1354 fs. in their favour and they were put in possession of the plaint property as lessees and so they were entitled to remain in possession. they further contended that the suit was barred by limitation and also by section 47 of the civil procedure code.4. the trial court found that kishundeo singh obtained possession of .....

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Mar 16 1973 (SC)

Kapoor Nilokheri Co-op. Dairy Farm Society Ltd. Vs. Union of India (Uo ...

Court : Supreme Court of India

Decided on : Mar-16-1973

Reported in : AIR1973SC1338; (1973)1SCC708

..... fodder the appellants used it for raising cash crops. the appellant's president himself admitted that they raised paddy, jowar etc. he maintained, contrary to what is found in the contract, that there was no restriction against raising crops other than fodder crops. some basis was sought for this argument on behalf of the appellants in the evidence of the administrator ..... wherein he said that the contract had not been rescinded. but he had been working as administrator only from 1-6-1960 and the arbitration had started even on 4-9-1959. as already mentioned, in .....

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Oct 30 1973 (SC)

Narayan Bhondeo Pimputkar and anr. Vs. Laxman Purshottam Pimputkar and ...

Court : Supreme Court of India

Decided on : Oct-30-1973

Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116

khanna, j.1. whether the decree for the possession of the land in dispute awarded in favour of laxman purshottam pimputkar respondent no. 1 (hereinafter described as the respondent) has become inexecutable after the coming into force of the gujarat patel watans abolition act, 1961 (gujarat act 48 of 1961) (hereinafter referred to as the act) is the short question which arises for determination in this appeal brought by special leave against the judgment of the gujarat high court.2. the appellants and the respondent belong to one family. the respondent represents the seniormost branch of the family. the family was granted patilki watan in a number of villages, including solsumbha, in district thana. the watan land situated in solsumbha is the subject matter of the present dispute. under the bombay hereditary offices act, 1874 the person who actually performs the duty of a hereditary office for the time being is called an officiator. purshottam, father of the respondent, was the officiator till 1921 when, because of a disqualification incurred by him, a deputy was appointed in place of purshottam. after the death of purshottam in 1940, the respondent became the officiator. the branch of the appellants claimed to be in possession of the watan land in dispute and some other lands under a partition effected in 1914. in 1944 the respondent moved the government for resumption of the watan land in dispute which was in possession of the branch of the appellants. prayer was also made .....

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Aug 27 1973 (SC)

Shivaji Sahabrao Bobade and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Aug-27-1973

Reported in : AIR1973SC2622; 1973CriLJ1783; (1973)2SCC793; [1974]1SCR489

v.r. krishna iyer, j.1. the murder of an old man in broad day light occurred on 26th september, 1966, on a country road in satara district and about seven years later the fluctuating fortunes of the two young persons charged with the crime are being finally set at rest. one of the misfortunes of our criminal process, which stultifies penal justice, is the counter-productive course of trial and appeal and appeal, 'at each remove a lengthening chain'. the facts of the case have been set out fairly fully in the judgments of the high court and the trial court and for the purposes of this appeal it is sufficient to set out the story in its broad essentials.2. the venue of the offence lies on a cart track connecting the villages of bibi and ghadgewadi. the dramatis personae are p.w. 8. sita ram, a somewhat consequential man of village kadamwadi, his quondum servant, the deceased hariba, the alleged assailants (accused) shivaji and lalasaheb, the eye-witness vilas (p.w. 5) who is the assistant gram sewak of the area, and others cast in lesser roles. there were some disputes between the 2nd accused and p.w. 8. kadamwadi the place of residence of these two persons, is a little to the north of ghadgewadi. about a mile to the south of ghadgewadi is bibi which is 4 furlongs further south of kadamwadi. this topography is not very relevant except to follow the arguments accepted by the trial judge. the quarrel between p.w. 8 and the second accused had been fostering since 1959 leading to .....

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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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Jun 18 1973 (FN)

United States Vs. Little Lake Misere Land Co., Inc.

Court : US Supreme Court

Decided on : Jun-18-1973

..... rfc v. beaver county, 328 u. s. 204 (1946); board of county comn'rs v. united states, 308 u.s. at 308 u. s. 351 -352; royal indemnity co. v. united states, 313 u. s. 289 , 313 u. s. 296 (1941); united states v. yazell, 382 u. s. 341 , 382 u. s. 356 ..... court that state law governs real property transactions. what for my brother stewart, however, is a "textbook example" of a violation of the obligation of contracts clause, is, for me, something more difficult. the scope of this clause has been restricted by past decisions of the court such as home building ..... time to time." [ footnote 15 ] a congress solicitous of the interests of private vendors page 412 u. s. 599 in the certainty of contract would hardly condone state modification of the contractual terms specified by the united states itself as vendee, whether or not those terms may be characterized as ..... retroactive imprescriptibility, a rule that is plainly hostile to the interests of the united states. as applied to a consummated land transaction under a contract which specifically defined conditions for prolonging the vendor's mineral reservation retroactive application of act 315 to the united states deprives it of bargained-for ..... relied upon louisiana act 315 of 1940, la.rev.stat. 9:5806a (supp. 1973), which provides: "when land is acquired by conventional deed or contract, condemnation or expropriation proceedings by the united states of america, or any of its subdivisions or agencies from any person, firm or corporation, and by .....

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