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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 2015 Page 1 of about 98 results (0.089 seconds)

Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Decided on : Oct-16-2015

..... were found to be violative of constitutional obligations causing huge loss to public exchequer. it was submitted that arbitrary distribution of state largess by way of giving scarce resources or contracts or jobs or positions of importance akin to spoil system have been held by this court to be in violation of the constitution. policies of the state for arbitrary acquisition ..... . in gannon dunkerley & co. v. state of rajasthan[450]. the question related to the imposition of tax on the transfer of property in goods involved in the execution of works contracts. the power to impose this tax became available to the state legislatures as a result of the amendments introduced in the constitution by the constitution (forty-sixth amendment) act, 1982 ..... labor laws, minimum wage laws, working condition regulations, and laws protecting workers; rights to organize unions, on the ground that such rules infringed on property rights and violated liberty of contract, the only rights the court really vindicated were the rights to be overworked, underpaid, or unemployed. the court eventually reversed itself on these issues when it recognized that, in twentieth .....

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Apr 08 2015 (SC)

Voltas Ltd. Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Apr-08-2015

..... |tax | | | |of the act | | | 1. |installation of | 67 | 18% | | |air-conditioners and | | | | |a.c.coolers and for repairs | | | | |thereof. | | | | 2. |furniture and fixtures | 104 | 8% | | |partitions including contracts| | | | |for interior decoration and | | | | |repairs thereof | | | | 3. |fabrication and installation | 120 | 8% | | |of lifts or elevators or | | | | |escalators and for repairs | | | | |thereof | | | | 4. |fabrication and installation | 39 ..... buildings, bridges or roads, | | | |and for repairs thereof | | |2. |installation of air-conditioners and | 15% | | |a.c.coolers | | |3. |furniture and fixtures, partitions including | 5% | | |contracts for interior decoration | | |4. |fabrication and installation of lifts or | 10% | | |elevators or escalators | | |5. |fabrication and installation of plant and | 5% | | |machinery | | |6. |construction of ..... assertions have received our due consideration. the competing entries requiring scrutiny to ascertain the correct composition rate of tax payable vis--vis the works contract involved are engrafted admittedly in the notification issued by the government of gujarat in exercise of powers conferred by section 55a of the act. ..... of interpretation adverted to herein above.24. in the overall legal and factual perspectives as obtained herein, any endeavour to drag the works contract involved within the framework of entry no.2 would be repugnant to the basic principles of interpretation of statutes and subordinate legislations like .....

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Jul 01 2015 (SC)

Petroleum and Natural Gas Regul.Board Vs. Indraprastha Gas Ltd. and Or ...

Court : Supreme Court of India

Decided on : Jul-01-2015

..... a reasonable manner; the principles rewarding efficiency in performance; the connected infrastructure such as compressors, pumps, metering units, storage and the like connected to the common carriers or contract carriers; benchmarking against a reference tariff calculated based on cost of service, internal rate of return, net present value or alternate mode of transport; policy of the central ..... to authorization. explanation:- for the purposes of this sub-section, infringement of any right means doing of any act by any person which interferes with common carrier or contract carrier or causes prejudice to the authorised entity. the aforesaid provision stipulates the right of first use and also prescribes certain conditions.18. section 22 on which reliance ..... natural gas to domestic, industrial or commercial premises and cng stations situated in a specified geographical area. 15. section 2(j) and 2(m) define common carrier and contract carrier respectively. they read as follows:- 2(j) common carrier means such pipelines for transportation of petroleum, petroleum products and natural gas by more than one entity as ..... and distribution of petroleum products and natural gas, the board will oversee access to pipelines and city or local natural gas distribution networks on non-discriminatory, common carrier/contract carrier principle for ensuring a level playing field for all entities. that apart, the concept of allowing capacity in a city or local natural gas distribution network to .....

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Feb 26 2015 (SC)

Assistant G.M. State Bank of India and Ors Vs. Radhey Shyam Pandey

Court : Supreme Court of India

Decided on : Feb-26-2015

..... the parties; regulation 29 was the only regulation under the pension regulations, 1995, applicable to the voluntary retirement and, therefore, regulation 29, ipso facto, became the terms of the contract; and that each and every paragraph of regulation 29 can be made applicable to an optee of more than 20 years of service without coming into conflict with any provision ..... voluntary retirement under these regulations". obviously, for the purposes of the scheme, it has to be understood to mean with necessary changes in points of details. section 23 of the contract act has no application to the present fact situation. xxx xxx xxx 50. it is true that vrs2000is a complete package in itself and contractual in nature. however, in that ..... eligible to pension under the pension regulations, 1995, and, therefore, they bear the risk of lack of clarity, if any. it is a well-known principle of construction of a contract that if [pic].the terms applied by one party are unclear, an interpretation against that party is preferred (verba chartarum fortius accipiuntur contra proferentem)". thereafter, the court adverted to intention ..... they would be entitled to. the appellants voluntarily, with open eyes entered into an agreement and after having retired and enjoyed the benefits, they cannot go behind the concluded contract and claim further benefits. it must be remembered that a voluntary retirement scheme is formulated and conceived in public interest. interest of the respondent bank is also to be taken .....

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May 14 2015 (SC)

Joshi Technologies International Inc Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : May-14-2015

..... whether writ petition was maintainable challenging this g.d., as according to the respondent state the appointment of these government counsel was purely contractual and writ petition to enforce the contract was not maintainable. after noticing this argument of the respondents, the supreme court formulated the question to be decided in the said case, in the following words: the ..... that it was in relation to foreign companies to be engaged in exploration, development and production of oil ion small sized oil and gas fields under the proposed production sharing contract , thus, drawing no distinction between fields to be explored and those already discovered and also making specific reference to the mpsc. taking sustenance from the aforesaid material, a ..... to pass mandamus for amending the pscs. all these issues are formulated in the precise form hereunder: (i) whether in terms of the provisions contained in two production sharing contracts (pscs) dated 20-02-1995 executed between the appellant and the central government, appellant is entitled to the special allowances stipulated under section 42 of the act?. (ii) ..... predicated on the following grounds: (a) the ministry of petroleum & natural gas (mopng) had invited bids for the said oilfields on the basis of a model production sharing contract (mpsc) which specifically and unequivocally provided that the benefit of section 42 would be granted. (b) the appellant's bids for the said two oilfields were clearly and indisputably .....

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Jan 30 2015 (SC)

State of Karnataka Etc Vs. M/S. Pro Lab and Ors. Etc.

Court : Supreme Court of India

Decided on : Jan-30-2015

..... of madras v. gannon dunkerley & co. (madras) ltd. the states could not levy sales tax on sale of goods involved in a works contract because the contract was indivisible. all that has happened in law after the 46th amendment and the judgment of this court in 'builders' case is that it is ..... in state of madras v gannon dunkerley and co., the state could not levy sales-tax on sale of goods involved in a work's contract because the contract was indivisible. all that has happened in law after the 46th amendment and the judgment of this court in builders case (supra) is ..... cases. the reading of following passages from the said judgment is indicative of providing complete answer to the arguments of the respondent assessees herein:"4. whether contract involved a dominant intention to transfer the property in goods, in our view, is not at all material. it is not necessary to ascertain what ..... , includes a tax on the transfer of property in goods whether as goods or in the form other than goods involved in the execution of works contract. the taxable event is deemed sale.63. gannon dunkerley-i (supra) and few other decisions following gannon dunkerley-i (supra) wherein the expression "sale ..... transactions referred to in sub-clauses (a) to (f). to put it tersely, with the aforesaid amendment, the states are empowered to make the works contract divisible and tax "sale of goods" component. it clearly follows therefrom that the restricted meaning which was assigned to the expression "sale of goods" in .....

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Jul 07 2015 (SC)

M/S Bhs Industries Vs. Export Credit Guarantee Corp. and Anr.

Court : Supreme Court of India

Decided on : Jul-07-2015

..... the present case as in the instant case, as has been held earlier, there have been violations of the terms and conditions of the contract of insurance. we are compelled to observe that the said decision possibly has been cited as an authority as the respondent-corporation was also the ..... arose when the default of the exporter occurred and thereafter when the kazakhstan government failed to fulfil its guarantee. there is no allegation that the contracts in question were obtained either by fraud or by misrepresentation. in such factual situation, we are of the opinion, the facts of this ..... state that the learned single judge had erroneously applied the law and further came to hold that the insured had violated certain terms of the contract. this court referred to number of decisions as regards the maintainability of the writ petition and expressed the view that merely because one of the ..... insurance co. ltd. v. sony cheriyan[14]., wherein it has been held thus:- the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the ..... drawn our attention to baj (run off) ltd. v. durham and others[8]., wherein the supreme court of united kingdom, while interpreting the contract of insurance has opined:- to resolve these questions it is necessary to avoid over-concentration on the meaning of single words or phrases viewed in isolation .....

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Sep 30 2015 (SC)

Committee-Gfil Vs. Libra Buildtech P.Ltd. and Ors.

Court : Supreme Court of India

Decided on : Sep-30-2015

..... monitored transaction, no party was in a position to take any steps in the matter without the permission of the court. fifthly, the applicants throughout performed their part of the contract and ensured that transaction in question is accomplished as was originally intended but for the reasons to which they were not responsible, the transaction could not be accomplished. lastly, the ..... applicants depositing the entire sale consideration (rs.101.80 crores) and rs (6.22 crores) for stamp duty to purchase the properties in question, and having performed their part of contract, in letter and spirit, the gfil committee i.e. seller failed to place the applicants in possession of the properties. this event resulted in frustrating the purpose as was originally ..... government by taking recourse to powers contained in sections 49 and 50 of the indian stamp act, 1899 (for short called the act ) read with section 65 of the indian contract act, 1872. learned counsel also placed strong reliance upon the principle of law contained in the maxim actus curiae neminem gravabit - (act of the court shall prejudice no man) and ..... the entire stamp duty amount from the state exchequer, because in such circumstances, the state has no right to retain the stamp duty money consequent upon failure of performance of contract in relation to sale of properties by the parties.26. in the second place, learned counsel contended that direction to refund the amount of stamp duty could always be issued .....

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Mar 10 2015 (SC)

Harmony Innovation Shipping Ltd. Vs. Gupta Coal India Ltd. and Anr.

Court : Supreme Court of India

Decided on : Mar-10-2015

..... juridical seat of arbitration" and accordingly opined that principles stated in bhatia international (supra) would not be applicable.44. in the present case, the agreement stipulates that the contract is to be governed and construed according to the english law. this occurs in the arbitration clause. mr. vishwanathan, learned senior counsel, would submit that this part has ..... agree, shall be kuala lumpur, malaysia, and shall be conducted in the english language. insofar as practicable, the parties shall continue to implement the terms of this contract notwithstanding the initiation of arbitral proceedings and any pending claim or dispute. notwithstanding the provisions of article 33.1, the arbitration agreement contained in this article 34 shall be ..... agree, shall be kuala lumpur, malaysia, and shall be conducted in the english language. insofar as practicable, the parties shall continue to implement the terms of this contract notwithstanding the initiation of arbitral proceedings and any pending claim or dispute. notwithstanding the provisions of article 33.1, the arbitration agreement contained in this article 34 shall be ..... and hence, unsustainable in law.5. a counter affidavit was filed contending, inter alia, that the application before the learned additional district judge was maintainable inasmuch as the contract between the parties was entered into prior to the decision in bharat aluminium co. (supra) and, therefore, the principle laid down in the said decision was not attracted .....

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Apr 09 2015 (SC)

Election Commission of India Vs. Bajrang Bahadur Singh and Ors.

Court : Supreme Court of India

Decided on : Apr-09-2015

..... disqualification. section 9a categorically declares that a person entering into contractual relationship with the appropriate government shall be disqualified only "for so long as there subsists a contract". therefore, learned counsel submitted that the moment the contractual relationship comes to an end, the disqualification also ceases. an adjudication (under article 192 by the governor ..... of any works undertaken by the government be eternally disqualified for contesting an election to the legislature. the disqualification subsists only so long as the contract subsists. the moment the contract ceases to subsist the disqualification also ceases to exist. it is therefore, submitted that if the construction suggested by the petitioner is not accepted, ..... prescribe any supervening disqualification, shri rawal emphasised on the language of section 9a more particularly the clause which says "for so long as there subsists a contract......". according to the learned counsel, the legislature never contemplated that any person who enters into contractual relationship with the government either to supply goods or for ..... "existing disqualification" but it does not render a legislator disqualified from continuing as such on the ground that such legislator subsequent to his election entered into a contract with the appropriate government. therefore, the petition did not incur any disqualification. even if the petitioner is to be held to have incurred a disqualification, such disqualification .....

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