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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1987 Page 5 of about 82 results (0.192 seconds)

Feb 20 1987 (SC)

Hindu Jea Band, Jaipur Vs. Regional Director, Employees' State Insuran ...

Court : Supreme Court of India

Decided on : Feb-20-1987

Reported in : AIR1987SC1166; JT1987(1)SC518; (1987)ILLJ502SC; 1987(1)SCALE393; (1987)2SCC101; [1987]2SCR377; 1987(2)LC27(SC); 1987(2)WLN97

e.s. venkataramiah, j.1. the petitioner m/s. hindu jea band, jaipur which is a partnership firm carrying on the business of playing music on occasions, such as, marriages and other social functions questioned its liability to pay the contribution under the provisions of the employees' state insurance act, 1948 (hereinafter referred to as 'the act') in a petition filed under section 75 of the act before the employees' state insurance court, jaipur principally on two grounds (i) that the place where it was carrying on business was not a shop and (ii) that its business being one of intermittent or seasonal character the act could not be extended to its business. the employees' state insurance court rejected the petition filed by the petitioner and directed it to pay the amount which had been computed as the arrears by the regional director of the employees' state insurance corporation, jaipur. an appeal filed against the decision of the employees' state insurance court, jaipur by the petitioner was dismissed by the high court of rajasthan. this petition under article 136 of the constitution is filed against the judgment of the high court. the petitioner has also filed a writ petition under article 32 of the constitution questioning the validity of sub-section (5) of section 1 of the act and the notification issued by the state government under it to which reference will be made hereafter.2. the act did not apply to shops and such other establishments straight away on the act .....

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Sep 24 1987 (SC)

Utkal Contractors and Joinery (P) Ltd. and ors. Vs. State of Orissa

Court : Supreme Court of India

Decided on : Sep-24-1987

Reported in : AIR1987SC2310; 64(1987)CLT256(SC); JT1987(4)SC1; 1987(2)SCALE639; 1987(Supp)SCC751; [1988]1SCR314

..... and the notification issued under the act do not apply to forest produce grown in government forests and that it was not, therefore, open to the government to treat the contract dated may 25, 1979, as rescinded.5. on may 29, 1987, the governor of orissa promulgated orissa forest produce (control of trade) (amendment and validation) ordinance, 1987, (the 'ordinance'). ..... the arguments in those appeals was that the act was not concerned with the sal seeds grown in the government lands or government forests, and in any event, the petitioners' contract remained untouched by the notification dated december 9, 1982. it was also contended that since the government was already the owner of forest produce in government lands, all that was ..... effect of rescinding their contracts in relation to sal seeds. the orissa high court dismissed the writ petitions. the matter was brought before this court in civil appeal nos. 6230-31 of 1983. this ..... seeds. thereafter, the government refused to accept royalty from the petitioners in respect of certain forest divisions on the ground that the notification had the effect of rescinding the existing contracts between the government and the petitioners. the petitioners thereupon moved the orissa high court with writ petitions for declaration that the said notification was void and did not have the .....

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Apr 14 1987 (SC)

Commissioner of Income Tax Vs. Shah Sadiq and Sons

Court : Supreme Court of India

Decided on : Apr-14-1987

Reported in : AIR1987SC1217; (1987)61CTR(SC)269; [1987]166ITR102(SC); JT1987(2)SC157; 1987(1)SCALE816; (1987)3SCC516

sabyasachi mukharji, j.1. this is an appeal from the judgment and order of the high court of allahabad dated 26th february, 1971. the assessee is a partnership firm which at the relevant time enjoyed the status of a registered firm for the assessment years 1960-61, 1961-62 and 1962-63. in the assessment proceedings for the assessment year 1960-61, the assessee suffered a loss of rs. 60,054 in the speculation business which was to be carried forward for adjustment against speculation profits of future years. for the assessment year 1961-62 also, the assessee had suffered a loss amounting to rs. 6,839 in speculation business and this was also to be carried forward for adjustment against speculation profits of future years. for the assessment year 1962-63 which is the year with which this appeal is concerned, the assessee made a profit of rs. 58, 102 from speculation business. in the assessment proceedings for that year the assessee claimed that a loss of rs. 60,054 suffered in respect of the assessment year 1960-61 and the loss of rs. 6,839 suffered in respect of the assessment year 1961-62 should be set off against this speculation profit of rs. 59,102 for this year. if that had been done, the speculation profits of the year under consideration would have been absorbed completely by the losses brought forward from the preceding years.2. the income-tax officer, however, rejected the assessee's claim. he held that as the assessee was a registered firm, the losses could be .....

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Apr 21 1987 (SC)

Union of India (Uoi) Vs. Nihar Kanta Sen and ors.

Court : Supreme Court of India

Decided on : Apr-21-1987

Reported in : AIR1987SC1713; (1987)1CALLT38(SC); JT1987(2)SC555; 1987(1)SCALE1015; (1987)3SCC465; [1987]2SCR1108; 1987(2)LC310(SC)

..... is a totally miss-conceived submission. section 3 provides that the provisions of the act shall have over-riding effect notwithstanding anything to the contrary contained in any other law, contract, usage or custom to the contrary. there are two exceptions to this which is contained in the two proviso. the first proviso lays down that the provisions of the act .....

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Aug 03 1987 (SC)

Krishna District Co-operative Marketing Society Limited, Vijayawada Vs ...

Court : Supreme Court of India

Decided on : Aug-03-1987

Reported in : AIR1987SC1960; JT1987(3)SC197; 1987LabIC1651; (1987)IILLJ365SC; 1987(2)SCALE175; (1987)4SCC99; [1987]3SCR728; 1987(3)SLJ68(SC); 1987(2)LC663(SC)

..... employment (standing orders) act, 1946].provided that where under the provisions of any other act or rules, orders, notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under ..... 25j of the central act provides that where under the provisions of any other act or rules, orders, notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under .....

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Apr 10 1987 (SC)

Union of India (Uoi) and anr. Vs. Cynamide India Ltd. and anr. Etc.

Court : Supreme Court of India

Decided on : Apr-10-1987

Reported in : AIR1987SC1802; (1987)2CompLJ10(SC); 1987(12)LC199(SC); JT1987(2)SC107; 1987(1)SCALE728; (1987)2SCC720; [1987]2SCR841; 1987(2)LC198(SC)

o. chinnappa reddy, j.1. it was just the other day that our brothers ranganath misra and m.m. dutt, jj. had to give directions in a case (vincent panikurbangara v. union of india) where a public spirited litigant had complained about the unscrupulous exploitation of the indian drug and pharmaceutical market by multinational corporations by putting in circulation low-quality and even deleterious drugs. in this group of cases we are faced with a different problem of alleged exploitation by big manufacturers of bulk drugs. the problem is that of high prices, bearing, it is said, little relation to the cost of production to the manufacturers. by way of illustration, we may straightaway mention a glaring instance of such high-pricing which was brought to our notice at the very commencement of the hearing. 'barlagan ketone', a bulk drug, was not treated as an essential bulk drug under the drugs (prices control) order, 1970 and was not included in the schedule to that order. a manufacturer was, under the provisions of that order, free to continue to sell the drug at the price reported by him to the central government at the time of the commencement of the order, but was under an obligation not to increase the price without the prior approval of the central government. the price which the manufacturer of barlagan kotone, reported to the central government in 1971 was rs. 24,735.68 per kg. after the 1979 drugs (prices control) order came into force, the distinction between essential .....

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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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Aug 11 1987 (SC)

General Electric Co. Vs. Renusagar Power Co.

Court : Supreme Court of India

Decided on : Aug-11-1987

Reported in : JT1987(3)SC277; 1987(2)SCALE257; (1987)4SCC137; [1987]3SCR858; 1987(2)UJ410(SC)

..... in view the long delay after the institution of the suit and the fact that the suit is for a very heavy amount by way of damages for breach of contract, it will, in our opinion, be more satisfactory on the whole to have the suit tried in a competent court of law in the normal course rather than by a ..... resolve such disputes by, sincere negotiation by arbitration under the rules of the international chamber of commerce court of arbitration because of the provisions of art. xviii of the said contract. the defendant is ready and willing to have the present dispute raised by the866plaintiff in this plaint to be settled by arbitration without prejudice to the defence of want of ..... court .for a declaration that the claims purported to be referred to arbitration by gec to icc were beyond the scope and purview of the arbitration agreement contained in the contract and sought an injunction to restrain the gec from taking any further steps pursuant to their request for arbitration addressed to icc on march 2, 1982. in renusagar's suit ..... , praveen kumar and c. mukhopadhya for the respondent.the judgment of the court was delivered by chinnappa reddy, j. the appellant, general electric company, a multi-national, entered into a contract with the respondent, renusagar power company limited, an indian company, agreeing to sell equipment for a thermal electric generating plant to be erected at renukoot on the terms and conditions .....

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Mar 04 1987 (SC)

State of Andhra Pradesh Vs. Y. Prabhakara Reddy

Court : Supreme Court of India

Decided on : Mar-04-1987

Reported in : AIR1987SC933; 1987(12)ECC41; JT1987(1)SC637; 1987(1)SCALE525; (1987)2SCC136; [1987]2SCR513

..... deficit purchase shall be deducted from the advance money paid by the licensee under the minimum quantity of arrack guaranteed by him and the licensee shall be called upon to indemnity the amount so adjusted by the end of the succeeding month in which short drawn quantity had occured.provided that the excise superintendents may permit the licensee to lift the ..... shall obtain the prior approval of the government for grant- ing such permission.(2) where a licensee fails to lift the arrack as permitted by the excise superintendent or to indemnity the advance amount so adjusted by the end of the succeeding month in which the short drawal of quantity had occurred, the right acquired by the defaulting licensee shall be .....

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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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