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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1971 Page 1 of about 44 results (0.059 seconds)

Dec 17 1971 (SC)

The Commissioner of Commercial Taxes, Mysore, Bangalore Vs. Hindustan ...

Court : Supreme Court of India

Decided on : Dec-17-1971

Reported in : AIR1972SC744; (1972)1SCC395; [1972]2SCR927; [1972]29STC438(SC)

..... sum due or any sum which at any time hereafter may become due to the company under this or any other contract.11. we have set out the terms of the indemnity bond in great detail because the learned counsel for the appellant has strongly relied on the terms thereof.12. the text ..... for payment of the sales tax paid by you under misapprehension of law.10. there is an indemnity bond in respect of this contract and we may set it out fully.1. standing indemnity for advance payment against contract relating to railway board's order for construction and delivery of all metal iii class b.g. ..... the material used for the construction of coaches before its use is the property of the railway. this is quite clear from para 1 of the indemnity bond set out above. no other meaning can be given to the words in the bond to the effect that 'the hindustan aircraft ltd. hereby ..... , the deputy commissioner of commercial taxes confirmed the order. in revision the commissioner of commercial taxes also came to the same conclusion. he observed :the contracts specifically mentioned that the under-frame shall always remain the property of the railway board. on the other hand, the order placed with the assessee company ..... coaches now pending under orders nos. 52-142/4/m dated 16th february, 1952 and 53/142/4/m dated 3rd march, 1953 and against contracts in respect of .....

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Dec 08 1971 (FN)

Chemical Workers Vs. Pittsburgh Glass

Court : US Supreme Court

Decided on : Dec-08-1971

..... time it is proposed to make such termination or modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and simultaneously therewith ..... , to the extent that "the troublesome threshold question" posited by the board may arise, it is no different from the task of distinguishing the distinct functions of contract application and contract negotiation which employers and labor organizations are already accustomed to addressing. [ footnote 12 ] the board argues in its brief that retirees will be at a greater disadvantage ..... themselves of 8(d). paragraph (2), for example, requires an offer "to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications." but such an offer is meaningless if a party is statutorily free to refuse to negotiate on the proposed change to the permissive term. ..... "vitally" affect the "terms and conditions of employment" of current employees. the benefits that active workers may reap by including retired employees under the same health insurance contract as themselves are speculative and insubstantial, at best. the relationship that the nlrb asserted exists between bargaining in behalf of retirees and the negotiation of active employees' retirement plans .....

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Jun 14 1971 (FN)

Motor Coach Employees Vs. Lockridge

Court : US Supreme Court

Decided on : Jun-14-1971

..... uniformity. like many states, idaho construes the union-member relation to be a contractual one, defined by the constitution and bylaws of the union. as such, the contracts are enforceable through the state's traditional common law jurisdiction. here, lockridge was discharged for alleged nonpayment of dues in accordance with the union constitution, and brought suit ..... in the context of such suits, holding that, while board jurisdiction over unfair labor practices was not displaced when the conduct also allegedly violated the terms of the contract, neither was the jurisdiction exclusive. this result was consistent with the expressed intent of congress that enforcement of collective bargaining agreements be "left to the usual processes ..... would accrue to him by reason of his employment, seniority and experience, and plaintiff has been harassed and subject to mental anguish. . . ." app. 447. count two, sounding squarely in contract, alleged that, "in wrongfully suspending plaintiff from membership in the [union], which resulted in plaintiff's discharge from employment with the greyhound corporation, the [union] . . . acted wrongfully, ..... the national labor relations board (nlrb), held that it had jurisdiction under machinists v. gonzales, 356 u. s. 617 , concluded that there had been a breach of contract, for which it awarded money damages for lost wages, and ordered respondent restored to union membership. the idaho supreme court, which also ordered respondent's seniority rights restored, .....

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May 17 1971 (FN)

California Vs. Byers

Court : US Supreme Court

Decided on : May-17-1971

..... to mean that current technological progress enabling the government more easily to use an individual's compelled statements against him in a criminal prosecution should be matched by frank judicial contraction of the privilege against self-incrimination lest the government be hindered in using modern technology further to reduce individual privacy. page 402 u. s. 465 needless to say, neither of .....

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Dec 06 1971 (FN)

NLRB Vs. Plasters' Local

Court : US Supreme Court

Decided on : Dec-06-1971

..... voluntary settlement of disputes and is wholly consistent with federal policy with respect to voluntary arbitration. in other contexts, where challenged conduct poses an arbitrable dispute under a collective bargaining contract, but is also an unfair labor practice within the jurisdiction of the board, the board will, as a matter of policy, defer to the arbitral settlement, although it is ..... the tile setters as they did. [ footnote 16 ] both companies claimed that their costs would be substantially increased if the award went to the plasterers, and that, without collective bargaining contracts with the plasterers, they would lose 30%-40% of their work to plastering contractors. [ footnote 17 ] it is obvious, therefore, that both texas state and martini had substantial ..... mortar to receive tile was the work of the plasterers' union, and not of the tile setters. [ footnote 4 ] neither texas state nor martini had a collective bargaining contract with the plasterers or regularly employed workers represented by that union. before the texas state picketing began, the plasterers submitted their claim to the disputed work to the national joint ..... setters local union no. 20 (tile setters) and have characteristically used members of the tile setters union for laying tile and also for work described in the collective bargaining contract as applying "a coat or coats of mortar, prepared to proper tolerance to receive tile on floors, walls and ceiling regardless of whether the mortar coat is wet or .....

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Apr 05 1971 (FN)

investment Co. Inst. Vs. Camp

Court : US Supreme Court

Decided on : Apr-05-1971

..... the issuer." 15 u.s.c. 80a-5(a)(1). an investment company also includes a "unit investment trust": an investment company which, among other things, "is organized under a . . . contract of . . . agency . . . and . . . issues only redeemable securities, each of which represents an undivided interest in a unit of specified securities. . . ." 15 u.s.c. 80a-4(2). [ footnote 12 ] section .....

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Feb 24 1971 (FN)

Ramsey Vs. Mine Workers

Court : US Supreme Court

Decided on : Feb-24-1971

..... . 793, 72d cong., 1st sess., 6; h.r.conf.rep. no. 821, 72d cong., 1st sess., 6. [ footnote 2/2 ] mr. justice goldberg said: "this history also shows that labor contracts establishing more or less standardized wages, hours, and other terms and conditions of employment in a given industry or market area are often secured either through bargaining with multi-employer ..... by them or any of them under a subcontract arrangement" should be produced under terms and conditions which are as favorable to the employees as those provided for in this contract. in another case, tennessee consolidated coal co. v. umw, 416 f.2d 1192 (ca6 1969), the court of appeals stated that the protective wage clause was a " quid pro quo ..... wage agreement (nbcwa), first executed by the union and certain companies in 1950, on all coal mine operators, knowing that small and nonmechanized operators would be unable to meet the contract's terms. the purpose of this alleged conspiracy was to eliminate the marginal operators, control production, and reserve the market for larger concerns. the claim of express agreement rested on ..... mines "shall be so operated as not to debase or lower the standards of wages, hours, safety requirements and other conditions of work, established by this contract," provided as follows: "during the period of this contract, the united mine workers of america will not enter into, be a party to, nor will it permit any agreement or understanding covering any wages, hours .....

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Feb 24 1971 (FN)

Zenith Radio Corp. Vs. Hazeltine Research, Inc.

Court : US Supreme Court

Decided on : Feb-24-1971

..... f. 559, 562-563 (ca7 1901); restatement (second), torts 885, comment d (tent.draft no. 16, 1970). see generally 9 j. wigmore, evidence 2446 (3d ed.1940). [ footnote 13 ] the contract provided in relevant part: "1. . . . rca, ge and western electric each to grant zenith and rauland, respectively, a general release, and zenith and rauland each to grant rca, ge and ..... statutes last listed deal generally with the construction of instruments in suit, and with the effect and form of releases, in particular. [ footnote 12 ] resort may be had to the contract in construing the release, since the parole evidence rule is usually understood to be operative only as to parties to a document, and hri here was not a party to ..... and assigns of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialities, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, in admiralty, or in equity, which against said *__________ its subsidiaries and their respective ..... the suit. [ footnote 4 ] at the time hri raised its defenses, the release on which it relied was not part of the record, although the record did contain a contract between the parties to the release in which they agreed to exchange releases, and frequent reference had been made during trial to the settlement of which the exchange of releases .....

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Jan 13 1971 (FN)

U.S. Bulk Carriers, Inc. Vs. Arguelles

Court : US Supreme Court

Decided on : Jan-13-1971

..... complements the union's status as exclusive bargaining representative by permitting it to participate actively in the continuing administration of the contract. in addition, conscientious handling of grievance claims will enhance the union's prestige with employees. employer interests, for their part, are served by limiting ..... schedule the matter for prompt arbitration." " * * * *" [ footnote 3/8 ] the language of the court in that decision is pertinent here: "congress has expressly approved contract grievance procedures as a preferred method for settling disputes and stabilizing the 'common law' of the plant. . . . union interest in prosecuting employee grievances is clear. such activity ..... situation where the disputed transaction implicates both contractual rights and rights enforceable in nlrb proceedings, we do not simply assume that, because the dispute involves a contract grievance, and the contract contains a typically broad arbitration provision, remission to arbitration on the presumption of consent -- combined with virtually no judicial review -- follows automatically. rather, ..... forum for enforcement of the wage claims of a subclass of workers' wages, that this court is foreclosed from requiring arbitration under the collective bargaining contract. but in forging this relationship among potentially competing forums for the effectuation of contractual and statutory rights of individuals and organizations, we have always proceeded .....

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Mar 29 1971 (FN)

Labine Vs. Vincent

Court : US Supreme Court

Decided on : Mar-29-1971

..... father is liable to arrest and imprisonment until he gives security to indemnify the town chargeable with the maintenance of the child. these provisions are intended for the public indemnity, and were borrowed from the several english statutes on the subject; and similar regulations to coerce the putative father to maintain the child, and indemnify the town or parish ..... to legitimate such child or children. but only those natural children can be legitimated who are the offspring of parents who, at the time of conception, could have contracted marriage. nor can a parent legitimate his or her natural offspring in the manner prescribed in this article, when there exists on the part of such parent legitimate ascendants ..... .civ.code ann., arts. 90-98 (195). [ footnote 8 ] la.civ.code ann., arts. 119, 120 (1952). [ footnote 9 ] "fathers and mothers, by the very act of marrying, contract together the obligation of supporting, maintaining, and educating their children." la.civ.code ann., art. 227 (1952). see n 2, supra. [ footnote 10 ] la.civ.code ann., art. 229 (1952 ..... the people of louisiana, through their legislature, have carefully regulated many of the property rights incident to family life. louisiana law prescribes certain formalities requisite to the contracting of marriage. [ footnote 7 ] once marriage is contracted there, husbands have obligations to their wives. [ footnote 8 ] fathers have obligations to their children. [ footnote 9 ] should the children prosper while the parents .....

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