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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1987 Page 1 of about 82 results (0.161 seconds)

Nov 19 1987 (SC)

U.P. Cooperative Federation Ltd. Vs. Singh Consultants and Engineers ( ...

Court : Supreme Court of India

Decided on : Nov-19-1987

Reported in : 1987(2)ARBLR279(SC); (1988)1CompLJ39(SC); JT1987(4)SC406; 1987(2)SCALE1149; (1988)1SCC174; [1988]1SCR1124

..... the united commercial bank case said:we do not see why the same principles should not apply to a banker's letter of indemnity.53. it is true that both the decisions of this court dealt with a contract to sell specific commodities or a transaction of sale of goods with an irrevocable letter of credit. but in modern commercial transactions, ..... case, to restrain the appellant from making a recall of the amount of rs. 85,84,456 from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain the performance of the contractual obligations arising out of a letter of credit or a bank guarantee between ..... irrevocable letter of credit, restraining the issuing bank from recalling the amount paid under reserve from the negotiating bank, acting on behalf of the beneficiary against a document of guarantee, indemnity at the instance of the beneficiary.37. on the basis of these principles i reiterate that commitments of banks must be honoured free from interference by the courts. otherwise, trust ..... the revision petition and held that the invocation of the performance guarantees were illegal and further held the contentions of the appellant that the performance guarantees constituted independent and separate contracts between the guarantor bank and the beneficiary and created independent rights, liabilities and obligations under the guarantee bonds themselves, as being 'technical pleas.'7. on 17th may, 1983, as .....

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Nov 17 1987 (SC)

S.A. Jais and Co. and ors. Vs. Gujarat Electricity Board

Court : Supreme Court of India

Decided on : Nov-17-1987

Reported in : AIR1988SC254; (1988)1GLR337(SC); JT1987(4)SC384; 1987(2)SCALE1063; 1987Supp(1)SCC614

..... far as appeal no. 2311 of 1972 preferred by the defendant is concerned, mr. desai urged that amount of rock-cutting was included in the contract itself and was not liable to be paid for at a rate higher than the rate for excavation. this argument was advanced on the footing that ..... excavation, (2) laying of concrete bed and (3) completing masonry walls, separate amounts at the same rate for de-watering as set out in the contract were to be paid so that the entire de watering from the bed of the tank would involve payment to the contractor at the rate rate of rs ..... thereafter, pursuant to the states reorganisation act, i960, several rights, assets and liabilities of the bombay electricity board including all rights and liabilities under the contract in question before us were taken over by the present defendant, the gujarat electricity board. it was by a subsequent agreement that the work of de ..... coming next to the second item, for de-watering, this work was to be done initially by the nawanagar electricity supply company with which the contract was entered into by the plaintiffs. it may be mentioned here that the undertaking of nawanagar electricity supply company was taken over in 1956 by the ..... electricity board in the court of the joint civil judge, senior division, baroda, claiming certain amounts in respect of the work done under a construction contract and for certain extra items of work. we propose to refer to the parties by their description in the suit. since the dispute in the .....

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Aug 11 1987 (SC)

Rattan Exports Ltd., Delhi Vs. Collector of Customs, Calcutta

Court : Supreme Court of India

Decided on : Aug-11-1987

Reported in : 1987(14)ECC1; 1987(12)LC1045(SC); 1987(31)ELT66(SC); JT1987(3)SC271; 1987(2)SCALE301; (1987)4SCC174

..... /- as against rs. 10,20,000/-. counsel for the appellant has made a solemn statement before us that the entire imported goods would be utilised for export under the existing contract. in case this undertaking really works out then the appellant should be entitled to exemption from duty under the scheme. in case the appellant works in terms of the undertaking ..... interfered with.6. learned counsel for the appellant then submitted that there should be a reduction both in the fine as also the redemption fine. the appellant has a subsisting contract for export of the goods to the u.s.s.r. and the entire imported articles are intended for export after treatment of the imported material. therefore, the benefit of .....

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Sep 22 1987 (SC)

Executive Engineer (irrigation), Balimela and ors. Vs. Abhaduta Jena a ...

Court : Supreme Court of India

Decided on : Sep-22-1987

Reported in : AIR1988SC1520; JT1987(4)SC8; 1987(2)SCALE675; (1988)1SCC418; [1988]1SCR253

..... these appeals.2. the various references to arbitration in these cases were in regard to work done by different contractors in excess of what was stipulated under the several contracts. the contracts generally contained a clause to the following effect:clause 11-the engineer-in-charge shall have power to make any alterations in or additions to the original specifications, drawings ..... provision of the substantive law under which interest prior to the institution of the proceedings could be awarded. interest could also be awarded in cases of non-performance of a contract of which equity could give specific performance. seth thawardas pherumal was a case of direct reference to arbitration without the intervention of a court. neither the interest act, 1839 ..... on its interpretation held that the terms of the arbitration agreement did not exclude the jurisdiction of the arbitrator, to entertain a claim for interest, award amount due under the contract.18. in state of madhya pradesh v. saith & skelton p. limited : [1972]3scr233 , with the consent of the parties, the court appointed an arbitrator and referred all the ..... of workmanship, or materials used on the work, or as to any other question, claim, right matter, or thing whatsoever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates instructions, orders, or these conditions, or otherwise concerning the work or the execution, or failure to execute the same, where arising during the progress of .....

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May 07 1987 (SC)

Utkal Contractors and Joinery Pvt. Ltd. and ors. Vs. State of Orissa a ...

Court : Supreme Court of India

Decided on : May-07-1987

Reported in : AIR1987SC1454; JT1987(2)SC466; 1987(1)SCALE1162; (1987)3SCC279; [1987]3SCR317

..... seeds and not in respect of other forest produce, leaving an uneasy feeling with us that the notification was issued only with the object of putting an end to these contracts solemnly entered into by the orissa government for the avowed purpose of encouraging the setting up of certain industries in the state of orissa. the allegation of the appellants ..... we will be justified in permitting the additional solicitor general to raise the question at this stage. such a question was not raised in the high court probably because the contract between utkal contractors and joinery private limited and orissa oil industries limited appears to have been entered into at the; behest of the government. the question for consideration, therefore, ..... declaration that the notification dated december 9, 1982 did not have the effect of rescinding the contracts which they had with the state government. the writ petition was dismissed by the orissa high court. the utkal contractors and joinery private limited and orissa oil industries limited ..... utkal contractors and joinery private limited in respect of dhenkanal and sambalpur forest division on the ground that the notification dated december 9, 1982 had the effect of rescinding the contract between the company and the government. thereupon utkal contractors and joinery private limited and orissa oil industries limited filed a writ petition in the orissa high court for a .....

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Oct 20 1987 (SC)

Christian Medical College Hospital Employees' Union and Anr. Vs. Chris ...

Court : Supreme Court of India

Decided on : Oct-20-1987

Reported in : AIR1988SC37; JT1987(4)SC129; 1988LabIC225; (1988)ILLJ263SC; 1987(2)SCALE798; (1987)4SCC691; [1988]1SCR546

..... this more important feature of social life. marriage, while from its very nature a sacred obligation, is, nevertheless, in most civilized nations, a civil contract, and usually regulated by law. upon it society may be said to be built, and out of its fruits spring social relations and social obligations ..... welfare of the community and that this power can neither be abdicated nor bargained away, and is inalienable even by express grant; and that all contract and property or other vested rights are held subject to its fair exercise. in view of the change in the attitude of the court laws regulating ..... labour union v. northwestern iron & metal co. (1948) 335 us 525. it is now settled in the united states of america that neither the 'contract' clause nor the 'due process' clause had the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure ..... person had any legal concern. this was done during the first decade of this century. but during 1930s 'liberty' in the sense of freedom of contract, judicially translated into what justice black has labelled the allgeyer - lochner - adair coppage constitutional doctrine lost its potency as an obstacle to the enforcement ..... worker had to agree not to join or to remain a member of a union, were voided on grounds of unconstitutional impairment of freedom of contract, or more particularly, of the unrestricted right of the employer to hire and fire. in this case the supreme court of the united states .....

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Sep 03 1987 (SC)

Prabhakaran Nair and ors. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Decided on : Sep-03-1987

Reported in : AIR1987SC2117; JT1987(3)SC492; 1987(2)SCALE469; (1987)4SCC238; [1988]1SCR1

..... the view that if a provision was enacted for the benefit of a person or class of persons, there was nothing which precluded him or them from contracting to waive the benefit, provided that no question of public policy was involved. in doing so, the question arose what was the 'public policy' involved ..... why it is argued on behalf of the tenants that the contract rents should not be changed. if we could contemplate a situation where rents and prices are coming down this argument will break down. it is a ..... as the landlord can apply for fixation of a fair rent would become meaningless if fixation of fair rent can only be downwards from the contracted rent and the contract rent was not to be increased. of course, it has happened over the last few years that rents have increased enormously and that is ..... it happens to be lower. it is clear, therefore, that the fair rent under the present act is payable during the contract period as well as after the expiry of the contract period.22. the act sought to restore the balance in the scale which is otherwise weighted in favour of the stronger party ..... 1956. that act provides for fixation of fair rent. it also provides that the contract rent, if lower, will be payable during the contract period. even if the contract rent is higher only the fair rent will be payable. after the contract period is over only the fair rent is payable. the madras legislature having this .....

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Sep 17 1987 (SC)

Municipal Corporation of Delhi Vs. Jagan Nath Ashok Kumar and anr.

Court : Supreme Court of India

Decided on : Sep-17-1987

Reported in : AIR1987SC2316; JT1987(4)SC25; 1987(2)SCALE695; (1987)4SCC497; [1988]1SCR180

..... and cost of the respondent. the arbitrator found that the contractor had as far as possible discharged his contractual obligation and the rescission of the contract was unjustified and wrongful. therefore, the corporation's claim for getting the work executed at the risks and costs of the contractor was unjustified and ..... also counter claims by the corporation against the contractor. the first counter claim was forfeiture of rs. 23,820 on account on the rescission of the contract. inasmuch as the rescission was held to be unjustified in the facts of this case, the forfeiture was also held to be wrongful. there was ..... factor that there was some delay and in spite of the delay the corporation gave letters to the contractor to complete the work and in the contract itself there was provision for extension of time. in our opinion, where reasons germane and relevant for the arbitrator to hold in the manner he ..... the bills of the claimant. according to the claimant this amount had wrongly been forfeited by the corporation at the time of rescission of the contract and that the same should be refunded to him. it was held by the arbitrator that there was provision in the agreement for extension of ..... of staff quarters for the municipal corporation of delhi, the petitioner herein and the work had to be completed within the stipulated period mentioned in the contract. since, however, the work was not being done in the manner as the delhi municipal corporation thought it ought to have been done, the .....

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Apr 14 1987 (SC)

Subash and Shiv Shankar Vs. State of U.P.

Court : Supreme Court of India

Decided on : Apr-14-1987

Reported in : AIR1987SC1222; 1987CriLJ991; 1987(1)SCALE838; (1987)3SCC331; [1987]2SCR962

s. natarajan, j.1. these appeals by special leave arise out of a common judgment rendered by the allahabad high court in three criminal appeals filed before it by the appellants and one raj kishore. appellant subash and appellant shiv shankar were convicted alongwith raj kishore by the 4th additional sessions judge, bareilly under section 302 read with section 34 indian penal code and section 324 read with section 34 indian penal code respectively for having committed the murder of one ram babu and for having caused hurt with a knife to witness dinesh shankar. for the said convictions they were awarded imprisonment for life and three year's r.i., respectively and the sentences were ordered to run concurrently. one om kumar who was also sent up for sessions trial under the two charges mentioned above was acquitted by the sessions judge. the three convicted persons preferred appeals to the high court and the high court has confirmed the convictions and sentences awarded to subash and shiv shankar but acquitted raj kishore.2. the offences in question were committed on march 12, 1971 i.e., a day after holi festival at about 11 a.m. on the bareilly-nainital road in bareilly. the prosecution case was that while shiv shankar caught hold of ram babu, subash, raj kishore and om kumar repeatedly stabbed him with knives and caused fatal injuries to him. when dinesh shankar (p.w. 2) tried to intercede he was also stabbed by subash and caused an injury. besides, dinesh shankar (p.w. 2) .....

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Sep 01 1987 (SC)

M.K. Kunhimohammed Vs. P.A. Ahmedkutty and ors.

Court : Supreme Court of India

Decided on : Sep-01-1987

Reported in : II(1987)ACC346; AIR1987SC2158; JT1987(3)SC465; (1987)92PLR689; 1987(2)SCALE442; (1987)4SCC284; [1987]3SCR1149

..... limits, namely:. (b) where the vehicle is a vehicle in which passengers are carried for hire or, reward or by reason of or in pursuance of a contract of employment;-. (ii) in respect of passengers, a limit of fifteen thousand, rupees for each individual passenger,. 10. having regard to the large number of motor ..... thus:95(2)(b). where the vehicle is a vehicle in which passengers are carried for hire or reward of by reason of or in pursuance of a contract of employment-. (ii) in respect of passengers, a limit of fifteen thousand rupees for each individual passenger.. 9. as the law stands today the insurer is ..... which provided that where the vehicle was a vehicle in which passengers were carried for hire or reward or by reason of or in pursuance of a contract of employment in respect of persons other than passengers carried for hire or reward, a limit of rs. 20,000 and in respect of passengers a limit ..... liability of an insurer in the case of motor vehicles in which passengers were carried for hire or reward or by reason of or in pursuance of a contract of employment. sub-clause (i) of section 95(2)(b) provided that in respect of death of or injury to persons other than passengers carried for ..... in the vehicle; (b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,-(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all; (ii) in respect of .....

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