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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1987 Page 7 of about 82 results (0.102 seconds)

Nov 13 1987 (SC)

Bhagat Ram Sharma Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-13-1987

Reported in : AIR1988SC740; JT1987(4)SC476; 1987(2)SCALE1097; 1988Supp(1)SCC30; [1988]1SCR1034

a.p. sen, j.1. this appeal by special leave directed against the judge merit and order of the punjab and haryana high court dated may 31, 1984 reported in 1985 lab ic 514, raises a question of some importance. by the judgment, a learned single judge (tiwana, j.) partly allowed the writ petition filed by the appellant and ordained the state government of punjab to pay a pension of rs. 400 per mensem to the appellant as a retired member of the punjab state public service commission under regulation 8(3) of the punjab slate public service commission (conditions of service) regulations, 1958 w.e.f. aug. 10, 1972, the date when the said provision was first introduced. while disallowing his claim for payment of such pension from january 2, 1959 i.e. from the date of his retirement, the learned single judge disallowed the appellant's claim for pension as a member of the state legislative assembly under the proviso to sub-section (1) of section 6b of the himachal pradesh legislative assembly (allowances and pension of members) act, 1971 on the ground that no part of the cause of action against the state of himachal pradesh arose within the territorial jurisdiction of the high court under article 226 of the constitution.2. the facts. the appellant herein bhagat ram sharma, has had a very distinguished record of public service. in 1937, he was enrolled as an advocate at dharamshala and in that he contested the general elections to the punjab legislative assembly as an independent .....

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May 01 1987 (SC)

State Bank of India Vs. Yogendera Kumar Srivastava and ors.

Court : Supreme Court of India

Decided on : May-01-1987

Reported in : AIR1987SC1399; JT1987(2)SC477; 1987LabIC995; (1988)ILLJ41SC; 1987(1)SCALE937; (1987)3SCC10; [1987]3SCR115

1. in these appeals by special leave and in the special leave petition the dispute relates to the seniority of erstwhile officers grade-ii and the probationary/trainee officers in the grade-i of the state bank of india.2. in the lower level, the state bank of india had two categories of officers, namely. officers grade-i and officers grade-ii; the function of the former was managerial and that of the latter supervisory. the conditions of service of these two categories of officers were, admittedly, governed by the state bank of india (supervising staff) service rules, hereinafter referred to as 'the 1975 rules'.3. the 1975 rules were not framed under the rule making power of the government, as conferred by section 49 of the state bank of india act, but under section 43 of the act, sub-section (1) of which provides that the state bank may appoint such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. sub-section (2) of section 43 provides that the officers, advisers and employees of the state bank shall exercise such powers and perform such duties as may, by general or special order, be entrusted or delegated to them by the central board.4. although the officers grade-i were superior in rank to the officers grade-ii, there was little difference in the pay scales of these two categories of officers. the duties, which were to be .....

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Dec 02 1987 (SC)

Brijendra Nath Bhargava and anr. Vs. Harsh Wardhan and ors.

Court : Supreme Court of India

Decided on : Dec-02-1987

Reported in : AIR1988SC293; JT1987(4)SC538; 1987(2)SCALE1394; (1988)1SCC454; [1988]2SCR124; 1988(1)LC397(SC); 1988(1)WLN143; 1988(1)WLN322

..... of his principal agrees to waive his principal's rights then (subject to any other question such as consideration the principal will be bound, but he will be bound by contract.but in the context of the conclusion that we have reached on the basis of circumstances indicated above that it could not be held that the tenant had constructed this .....

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Oct 09 1987 (SC)

Sarwan Kumar Onkar Nath Vs. Subhas Kumar Agarwalla

Court : Supreme Court of India

Decided on : Oct-09-1987

Reported in : AIR1987SC2302; 1987(35)BLJR815; JT1987(4)SC64; 1987(2)SCALE723; (1987)4SCC546; [1988]1SCR414; 1988(1)LC20(SC)

..... prohibits the landlord to accept the rent for more than one month and as the advance was for two months, no benefit can be given to the respondent as the contract was against the statute. it is true that if the parties are in pari delicto court will not come in rescue of either. however, that does not help the appellant .....

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Feb 03 1987 (SC)

Commissioner of Income Tax, Kanpur Vs. Dr. R.S. Gupta

Court : Supreme Court of India

Decided on : Feb-03-1987

Reported in : AIR1987SC785; (1987)60CTR(SC)115; [1987]165ITR36(SC); JT1987(1)SC340; 1987(1)SCALE225; (1987)2SCC84; [1987]2SCR121; 1987(1)LC459(SC)

..... not retained the possession and enjoyment of the property to the entire exclusion of the donor, or, to the entire exclusion of the donor in any benefit to him by contract or otherwise. there, m, the deceased, was a partner in a firm having a half-share in the partnership. on 27th march, 1957, m made a gift of rs. 1 .....

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May 06 1987 (SC)

Helper Girdharbhai Vs. Saiyed Mohmad Mirasaheb Kadri and ors.

Court : Supreme Court of India

Decided on : May-06-1987

Reported in : AIR1987SC1782; (1987)2GLR960; JT1987(2)SC599; 1987(1)SCALE1235; (1987)3SCC538; [1987]3SCR289

..... . mohammed ghouse sahib and anr. : air1959mad379 observed that whether the relation of partnership between two or more persons does or does not exit must depend on the real intention and contract of the parties and not merely on their expressed intention. he also referred to section 4 of the partnership act about the principles of partnership namely, (1) there must be .....

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May 06 1987 (SC)

Indian Metals and Ferro Alloys Ltd. and anr. Vs. State of Orissa and o ...

Court : Supreme Court of India

Decided on : May-06-1987

Reported in : AIR1987SC1727; 65(1988)CLT1(SC); JT1987(2)SC362; 1987(1)SCALE1213; (1987)3SCC189; [1987]3SCR265; 1987(2)LC297(SC)

..... conferred by sub-section (1) and order made thereunder may direct the licensee not to comply, except with the permission of the state government with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase .....

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Nov 11 1987 (SC)

Bank of India Vs. Vijay Transport and ors.

Court : Supreme Court of India

Decided on : Nov-11-1987

Reported in : AIR1988SC151; [1988]63CompCas428(SC); JT1987(4)SC389; 1987(2)SCALE1028; 1988Supp(1)SCC47; [1988]1SCR961; 1988(1)LC91(SC)

..... relied upon by the respondents in support of their contention that as the major part of the loan, that is to say, a sum of rs. 10,00,000, was contracted before the nationalisation of the appellant bank, the provision of section 4(e) is not applicable. in life insurance corporation's case the loans were advanced by the andhra insurance .....

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Dec 17 1987 (SC)

Baburao Alias P.B. Samant Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-17-1987

Reported in : AIR1988SC440; [1988]172ITR713(SC); JT1987(4)SC672; 1987(2)SCALE1322; 1988Supp(1)SCC401; [1988]2SCR431

e.s. venkataramiah, j.1. shri baburao alias p.b. samant, the petitioner herein, who has argued this case in person with great clarity and precision has raised the following contentions in this petition.(1) the proclamation of emergency issued on 3.12.1971 by the president of india was either ultra vires the constitution or had ceased to be in operation on 4.2.1972.(2) the proclamation of emergency dated 25.6.1975 issued by the president of india on 26.6.1975 was either ultra vires the constitution or had ceased to be in operation on 26.8.1975; (3) the house of the people (extension of duration) act, 1976 (no. 30 of 1976) is ultra vires the constitution; and (4) the finance act, 1976 (66 of 1976) is ultra vires the constitution.2. although the petitioner had also challenged section 13 of the constitution (42nd amendment) act, 1976 and clause (c) of section 3 of the constitution (24th amendment) act, 1971 in the petition he did not press these two contentions at the hearing of the petition.3. the petitioner was an assessee under the income-tax act and wealth tax act during the assessment year 1976-77 and was liable to pay income-tax and wealth tax in accordance with the rates prescribed by the finance act, 1976 which was passed by the lok sabha during its extended period which was extended under the provisions of the house of the people (extension of duration) act, 1976 (act 30 of 1976), after the expiry of five years from the date appointed for its first meeting. the .....

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Nov 11 1987 (SC)

National Engineering Industries Ltd. Vs. Shri Kishan Bhageria and ors.

Court : Supreme Court of India

Decided on : Nov-11-1987

Reported in : AIR1988SC329; JT1987(4)SC569; (1988)ILLJ363SC; 1987(2)SCALE1301; 1988Supp(1)SCC82; [1988]1SCR985; 1988(2)SLJ23(SC)

..... in this act shall affect any rights or privileges which an employee in any establishment is entitled to on the date this act comes into force under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more .....

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