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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1987 Page 2 of about 82 results (0.525 seconds)

May 05 1987 (SC)

Life Insurance Corporation of India and ors. Vs. S.S. Srivastava and o ...

Court : Supreme Court of India

Decided on : May-05-1987

Reported in : AIR1987SC1527; [1987(54)FLR750]; JT1987(2)SC529; (1987)IILLJ414SC; 1987(1)SCALE975; 1988Supp(1)SCC1; [1987]3SCR180; 1987(2)LC681(SC)

..... vested to vary, modify or supersede these contracts, geared to fair, equitable and, as far as possible, uniform treatment of the transferred staff. unless there be unmistakable expression of such intention, the id act will continue ..... to absorb the motley multitudes from many companies who carried with them varying incidents of service so as to fit them into a fair pattern, regardless of their antecedent contracts of employment or industrial settlements or awards. it was elementary that the corporation could not perpetuate incongruous features of service of parent insurers, and statutory power had to be ..... fit, and if the alteration is not acceptable to any employee, the corporation may terminate his employment by giving him compensation equivalent to three months' remuneration unless the contract of service with such employee provides for a shorter notice of termination.explanation-the compensation payable to an employee under this sub-section shall be in addition to, and ..... fit; and if the alteration is not acceptable to any employee the corporation may terminate his employment on giving him compensation equivalent to three months' remuneration unless the contract of service with such employee provides for a shorter notice of termination.explanation: the compensation payable to an employee under this sub-section shall be in addition to and .....

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Oct 14 1987 (SC)

Kamlabai and ors. Vs. Mangilal Dulichand Mantri

Court : Supreme Court of India

Decided on : Oct-14-1987

Reported in : AIR1988SC375; JT1987(4)SC82; 1987MhLJ1102(SC); 1987(2)SCALE755; (1987)4SCC585; [1988]1SCR464

..... the lease came to an end by surrender and what by the award was evolved was an arrangement on new terms and this therefore does not appear to be any contract just to by-pass section 13, as when the lease itself is determined nothing survives and therefore it could not be contended that it was contrary to provisions of section ..... error.26. thereafter the learned judge of the high court has examined the agreement, of arbitration and the compromise filed before the arbitrator, and had applied the principle of a contract contrary to the public policy and on that basis have come to the conclusion that this could not be permitted. here again it appears that the learned judge has committed ..... act, is an yielding up of the term of the lessee's interest to him who has the immediate reversion of the lessor's interest. it takes effect like a contract by mutual consent on the lessor's acceptance of the act of the lessee. the lessee cannot, therefore, surrender unless the term is vested in him; and the surrender must ..... wants to surrender the lease or terminate the tenancy or vacate the premises. section 106 of the transfer of property act reads as under:106. in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable .....

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Oct 27 1987 (SC)

Special Land Acquisition Officer, Bombay and ors. Vs. Godrej and Boyce

Court : Supreme Court of India

Decided on : Oct-27-1987

Reported in : AIR1987SC2421; (1987)89BOMLR548; JT1987(4)SC218; 1987(2)SCALE851; (1988)1SCC50; [1988]1SCR590

..... go ahead with its proposal to acquire a piece of land. it is well settled in the field of specific performance of contracts that no person will be compelled to acquire a piece of land as any breach of a, contract to purchase it can always be compensated for by damages. that is also the principle of section 48(2). but this .....

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Apr 16 1987 (SC)

Jamana Flour and Oil Mill (P) Ltd. Vs. State of Bihar

Court : Supreme Court of India

Decided on : Apr-16-1987

Reported in : AIR1987SC1207; 1987(35)BLJR781; JT1987(2)SC155; 1987(1)SCALE835; (1987)3SCC404; [1987]2SCR1047; [1987]65STC462(SC); 1987(2)LC230(SC)

..... was a pure question of fact depending upon the circumstances found in each case. the tribunal and the high court have recorded a clear finding that there was an implied contract for sale of the gunny bags along with the products contained therein.7. in this court, the assessee filed an affidavit and produced a communication purporting to be of the ..... and answer the question whether the parties, having regard to the circumstances of the case, intended to sell or buy the packing materials or whether the subject-matter of the contracts of sale was only an exempted article (here exigible to tax at redical rate), and packing materials did not form part of the bargain at all, but were used by ..... the sale of gunny bags between the dealer and the different purchasers to whom the wheat products were supplied.(4) the transfer of gunny bags was impliedly covered by the contract of sale with regard to the wheat products.on these findings the tribunal held:-we hold that the learned lower courts were justified in levying tax at a different rate .....

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Mar 26 1987 (SC)

M/s. Mackinnon Mackenzie and Co. Ltd. Vs. Audrey D'costa and another

Court : Supreme Court of India

Decided on : Mar-26-1987

Reported in : AIR1987SC1281; (1987)2CompLJ165(SC); 1987(89)Crimes156; [1987(54)FLR530]; JT1987(2)SC34; (1987)ILLJ536SC; 1987(1)SCALE627; (1987)2SCC469; [1987]2SCR659; 1988(1)SLJ196(SC);

..... act clearly provides that the provisions of the act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of the act, or in any instrument having effect under any law for the time being in force. the petitioner cannot ..... act. it provides that the provisions of the act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of the act, or in any instrument having effect under any law for the time being in force. the crucial section ..... any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled. 'same work or work of a similar nature' means work in respect of which the skill, effort and responsibility required are the same .....

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Feb 17 1987 (SC)

B. Ramender Reddy and ors Vs. B.V. Satyanarayan Reddy

Court : Supreme Court of India

Decided on : Feb-17-1987

Reported in : 1987Supp(1)SCC160

a.p. sen and; v. balakrishnan eradi, jj.1. in these appeals there is no question of law much less any substantial question of law involved. the high court on a careful consideration of the evidence adduced by the parties has, in agreement with the city civil court, come to a definite finding that the agreement, exhibit e-1, entered into by smt j.b. savithri reddy, mother of the respondent, purporting to act as his legal guardian during his minority, was sham and nominal and was not intended to be acted upon. it has also held that the said agreement was not binding on the respondent since his mother was not a legal guardian under section 6 of the hindu minority and guardianship act, 1956. the circumstances brought out in the judgment of the high court do give rise to an inference that the agreement relied upon was merely a device to defeat the provisions of the urban land (ceiling and regulation) act, 1976 and the other land laws. in the circumstances, we are satisfied that the courts below have rightly exercised their judicial discretion in not decreeing the suit brought by the appellants for specified performance of the alleged contract and in decreeing the suit by the respondent for possession based on trespass.2. accordingly, these appeals must fail and are dismissed. however, having regard to the fact the parties are closely related, we direct that the costs shall be borne by the parties as incurred.

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Oct 15 1987 (SC)

Ravindra Kumar Misra Vs. U.P. State Handloom Corpn. Ltd. and anr.

Court : Supreme Court of India

Decided on : Oct-15-1987

Reported in : AIR1987SC2408; JT1987(4)SC105; 1988LabIC56; (1988)ILLJ73SC; 1987(2)SCALE766; 1987(Supp)SCC739; [1988]1SCR501; 1988(2)SLJ48(SC); 1988(1)LC179(SC)

..... governed by article 311(2) for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the case of a temporary government servant or a servant holding higher rank temporary to which he has no right. in short a preliminary enquiry is ..... difficult to accept the claim of the appellant. he was a temporary servant and had no right to the post. it has also not been denied that both under the contract of service as also the service rules governing him the employer had the right to terminate his services by giving him one month's notice. the order to which exception .....

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Mar 06 1987 (SC)

B.P. Khemka Pvt. Ltd. Vs. Birendra Kumar Bhowmick and anr.

Court : Supreme Court of India

Decided on : Mar-06-1987

Reported in : AIR1987SC1010; (1987)1CALLT23(SC); JT1987(1)SC665; 1987(1)SCALE537a; (1987)2SCC407; [1987]2SCR559; 1987(2)LC1(SC)

s. natarajan, j.1. this appeal by special leave is by a tenant and is directed against the judgment of the calcutta high court in an appeal against appellate decree no. 1700 of 1972. the defence of appellant in the suit filed by the first respondent for eviction was struck out and thereafter a decree for eviction was passed and the said decree was confirmed by the appellate court and the high court and hence this appeal by special leave.2. during the pendency of the suit the first respondent had entered into an agreement for sale of his building in which the suit property forms the ground floor to one ramdin singh agarwala but subsequently executed a sale deed in favour of one chidanand haider. ramdin singh agarwala filed a suit for specific performance in the court of the sub judge, alipore and obtained a decree. the subsequent purchaser chidanand haider has filed an appeal against the judgment and decree in the said suit and the appeal is pending disposal before the high court. both the parties, claiming to have acquired title to the building of which the suit property forms a part have filed cmp nos. 19671 and 32297 of 1986 seeking impalement in this appeal.3. the first respondent who succeeded to the suit property after the death of his father filed a suit against the appellant and its director the second respondent for ejectment on the ground of default in payment of the monthly rent of rs. 550 from march 1965 to july 1966. the appellant filed a written statement denying .....

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Aug 18 1987 (SC)

Calcutta Youth Front and ors. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Aug-18-1987

Reported in : AIR1988SC436; (1988)2CALLT19(SC); JT1987(3)SC348; 1987(2)SCALE383; 1987Supp(1)SCC571; [1987]3SCR987

..... .51 crores and that the underground air conditioned market is likely to be commissioned within a couple of months. it also appears that respondent no. 14 has entered into a contract with joshi & associates, architects for re-development and re-laying of satyanarayan park as a terrace garden. the letter of the agri-horticultural society of india dated july 24, 1987 ..... re-develop satyanarayan park as a public park at its own expense as provided in the deed of licence dated february 15, 1985 for which it has entered into a contract with agri-horticultural society of india, alipore, calcutta and it shall maintain properly the said park as a public park throughout the entire period of 30 years.7. subject to .....

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Nov 11 1987 (SC)

Smt. K. Aruna Kumari Vs. Government of Andhra Pradesh and ors.

Court : Supreme Court of India

Decided on : Nov-11-1987

Reported in : AIR1988SC227; 1988CriLJ411; 1987(3)Crimes741(SC); 1988(43)ELT4(SC); JT1987(4)SC378; 1987(2)SCALE1121; (1988)1SCC296; [1988]1SCR973; 1988(1)LC103(SC)

..... . this does not mention the name of eashwar rao, the other employee of the contractor. it is not denied on behalf of the detenu that he has been executing many contract works for the railways, and therefore it cannot be presumed that the same consignment was the subject matter of the gate-pass as well as the certificate relied upon on ..... the statement made by the detaining authority, the district magistrate, that in view of the circumstances of the case including the fact that the detenu was engaged in executing many contract works for the railways, it was essential for preventing him from indulging in subversive acts similar to the one stated in the grounds, to detain him, there is no merit ..... petition (criminal) no. 529 of 1987.2. the grounds served on the detenu for making the detention order dated 15.3.1987 allege that he (the detenu madhava rao) undertakes contract works of various types under south central railway (scr) and indulged in clandestine business of diversion of levy cement meant for use in the masonry ballast wall along with the .....

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