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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1992 Page 1 of about 59 results (0.329 seconds)

Dec 15 1992 (SC)

Smt. Thakamma Mathew Vs. M. Azamathulla Khan and Others

Court : Supreme Court of India

Decided on : Dec-15-1992

Reported in : AIR1993SC1120; 1993(41)BLJR421; JT1993(1)SC35; 1992(3)SCALE454; 1993Supp(4)SCC492; [1992]Supp3SCR544

..... property and that the appellant would make available a declaration to that effect before the finalisation of the sale transaction and would also give necessary indemnity bond of either herself or of her husband giving security for indemnifying the possible damages or loss to the defendant to the extent of rs. ..... the instant case, it was for the defendant to establish his claim that he obtained possession of the suit property by way of part performance of the contract as contained in the agreement to sell dated november 12, 1974. the trial court after considering the said evidence adduced by the defendant as well as ..... 53-a of the transfer of property act. the defendant had pleaded that he had obtained possession of the suit property in part performance of the contract. the case of the appellant, on the other hand, was that a fortnight after the execution of the agreement dated november 12, 1974, the ..... by the appellant.9. we find considerable force in the aforesaid contentions of the learned counsel. in order that decree for specific performance of a contract may be passed it is necessary to consider whether such a relief can be granted in view of section 16 of the specific relief act, ..... and was in possession of the documents regarding his predecessor's title except that there was no valid conveyance, in other respects the terms of contract had been substantially acted upon, the defendant could not be treated as trespasser as his possession was lawful and was traceable to agreement of sale. .....

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Oct 20 1992 (SC)

Tvl. Ramco Cement Distribution Co. Pvt. Ltd., Tamil Nadu Vs. State of ...

Court : Supreme Court of India

Decided on : Oct-20-1992

Reported in : AIR1993SC123; 1994(38)KarLJ79; 1992(2)SCALE850; (1993)1SCC192; [1992]Supp2SCR78

..... loss of goods in transit. claims should be lodged with the carriers by buyers directly.condition 3 : the consignees shall arrange to take delivery against indemnity bond, should the railway receipt or bill of lading not reach them in time. the company is not liable in any manner whatsoever and is ..... at the time of taking delivery. this court, after referring to the above contentions, pointed out that, if the terms and conditions of the contract had stood alone, the assessee might have been entitled to succeed in excluding the freight charges on the principle of hyderabad asbestos cement products ltd. ..... before us as an instance of the type of contracts entered into by the assessees :condition 2 : once the consignment is handed over to the carriers and a receipt is obtained, the responsibility of ..... principle enunciated by this court in the hyderabad asbestos cement products case. it was then urged that, in fact, the assessees had entered into contracts with the purchasers which clearly stipulated that the freight will be payable by the latter. the following terms and conditions of sale were cited ..... did not stand in the way of cement manufacturers charging a price less than the ceiling fixed under the order, nor did it preclude individual contracts by the cement manufacturers with various purchasers that the letter should bear the freight charges. in view of this, it was submitted that the terms .....

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Jun 29 1992 (FN)

Planned Parenthood of Southeastern PA. Vs. Casey

Court : US Supreme Court

Decided on : Jun-29-1992

..... thencurrent depression, the theme of the opinion is that the court had been mistaken as a matter of constitutional law when it embraced "freedom of contract" 32 years previously. the joint opinion also agrees that the court acted properly in rejecting the doctrine of "separate but equal" in brown. in ..... in his opinion for the court simply recognized what justice holmes had previously recognized in his lochner dissent, that "[t]he constitution does not speak of freedom of contract." west coast hotel co. v. parrish, 300 u. s., at 391; lochner v. new york, supra, at 75 (holmes, 962 opinion of rehnquist, ..... market was fundamental to a stable economy; it simple believed, erroneously, that "liberty" under the due process clause protected the "right to make a contract." lochner v. new york, 198 u. s., at 53. nor is it the case that the people of this nation only discovered the dangers ..... but equal" treatment of minorities, see plessy v. ferguson, 163 u. s. 537 (1896), or that "liberty" under the due process clause protected "freedom of contract," see adkins v. children's hospital of district of columbia, 261 u. s. 525 (1923); lochner v. new york, 198 u. s. 45 (1905). the ..... invites some reliance prior to its actual exercise, one can readily imagine an argument stressing the dissimilarity of this case to one involving property or contract. abortion is customarily chosen as an unplanned response to the consequence of unplanned activity or to the failure of conventional birth control, and except .....

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Dec 02 1992 (FN)

United States Vs. Dixon

Court : US Supreme Court

Decided on : Dec-02-1992

..... implausible reading of nielsen, harris plainly rejects that reading, treating the earlier case as having focused (like blockburger) upon the elements of the offense. lmmedi- reversion," and "incidents" to a contract). that is perfectly clear from the very next sentence of nielsen (which justice souter does not quote); "it may be contended that adultery is not an incident of unlawful cohabitation .....

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Jun 19 1992 (FN)

American Nat. Red Cross Vs. S. G.

Court : US Supreme Court

Decided on : Jun-19-1992

..... , alleging that one of respond- *christopher v. tisi and bob gibbins filed a brief for the association of trial lawyers of america as amicus curiae urging affirmance. 249 ents had contracted aids from a transfusion of contaminated blood during surgery, and naming as defendants the surgeon and the manufacturer of a piece of medical equipment used during the procedure. after discovering ..... of appeals for the first circuit no. 91-594. argued march 3, 1992-decided june 19, 1992 in a state-court tort action, respondents alleged that one of them had contracted aids from a transfusion of contaminated blood supplied by petitioner american national red cross. the red cross removed the suit to the federal district court, claiming federal jurisdiction based on .....

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Dec 09 1992 (FN)

Building and Constr. Trades Council Vs. Associated Builders and Contra ...

Court : US Supreme Court

Decided on : Dec-09-1992

..... sess., 19-20 (1959). there is no reason to expect these defining features of the construction industry to depend upon the public or private nature of the entity purchasing contracting services. to the extent that a private purchaser may choose a contractor based upon that contractor's willingness to enter into a prehire agreement, a public entity as purchaser ..... defining features to depend upon the public or private nature of the entity purchasing contracting services. absent any express or implied indication by congress that a state may not manage its own property when pursuing a purely proprietary interest such as mwra's interest ..... the nlra's 8(e) and (f) exceptions regarding prehire agreements in the construction industry. it is undisputed that the agreement between kaiser and bctc is a valid labor contract under 8(e) and (f). in enacting the exceptions, congress intended to accommodate conditions specific to the construction industry, and there is no reason to expect the industry's ..... -was ordered to clean up the harbor. under state law, mwra provides the funds for construction, owns the sewagetreatment facilities to be built, establishes all bid conditions, decides all contract awards, pays the contractors, and generally supervises the project. petitioner kaiser engineers, inc., the project manager selected by mwra, negotiated an agreement with petitioner building and construction trades council .....

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Nov 30 1992 (FN)

Saudi Arabia Vs. Nelson

Court : US Supreme Court

Decided on : Nov-30-1992

..... office in the united states and regularly engaged in the recruitment of personnel in this country. respondent himself was recruited in the united states and entered into his employment contract with the hospital in the united states. before traveling to saudi arabia to assume his position at the hospital, respondent attended an orientation program in tennessee. the position ..... . nelson saw the ad in the united states and contacted hca in tennessee. after an interview in saudi arabia, nelson returned to florida, where he signed an employment contract and underwent personnel processing and application procedures. before leaving to take his job at the hospital, nelson attended an 373 orientation session conducted by hca in tennessee for new ..... 's recruitment and employment as true, those facts alone entitle the nelsons to nothing under their theory of the case. the nelsons have not, after all, alleged breach of contract, see supra, at 354, but personal injuries caused by petitioners' intentional wrongs and by petitioners' negligent failure to warn scott nelson that they might commit those wrongs. those torts ..... in september 1983, while nelson was in the united states. after interviewing for the position in saudi arabia, nelson returned to the united states, where he signed an employment contract with the hospital, id., at 4, satisfied personnel processing requirements, and attended an orientation session that hca conducted for hospital employees. in the course of that program, hca .....

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May 18 1992 (FN)

Foucha Vs. Louisiana

Court : US Supreme Court

Decided on : May-18-1992

foucha v. louisiana - 504 u.s. 71 (1992) october term, 1991 syllabus foucha v. louisiana certiorari to the supreme court of louisiana no. 90-5844. argued november 4, 1991-decided may 18, 1992 under louisiana law, a criminal defendant found not guilty by reason of insanity may be committed to a psychiatric hospital. if a hospital review committee thereafter recommends that the acquittee be released, the trial court must hold a hearing to determine whether he is dangerous to himself or others. if he is found to be dangerous, he may be returned to the hospital whether or not he is then mentally ill. pursuant to this statutory scheme, a state court ordered petitioner foucha, an insanity acquittee, returned to the mental institution to which he had been committed, ruling that he was dangerous on the basis of, inter alia, a doctor's testimony that he had recovered from the drug induced psychosis from which he suffered upon commitment and was "in good shape" mentally; that he had, however, an antisocial personality, a condition that is not a mental disease and is untreatable; that he had been involved in several altercations at the institution; and that, accordingly, the doctor would not "feel comfortable in certifying that he would not be a danger to himself or to other people." the state court of appeal refused supervisory writs, and the state supreme court affirmed, holding, among other things, that jones v. united states, 463 u. s. 354 , did not require foucha's release and .....

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Apr 21 1992 (FN)

Department of Energy Vs. Ohio

Court : US Supreme Court

Decided on : Apr-21-1992

department of energy v. ohio - 503 u.s. 607 (1992) october term, 1991 syllabus united states department of energy v. ohio et al. certiorari to the united states court of appeals for the sixth circuit no. 90-1341. argued december 3, 1991-decided april 21, 1992* the clean water act (cwa) and the resource conservation and recovery act of 1976 (rcra) prohibit the discharge or disposal of pollutants without a permit, assign primary authority to issue permits to the environmental protection agency (epa), and allow epa to authorize a state to supplant the federal permit program with one of its own under specified circumstances. respondent state sued petitioner department of energy (doe) over its operation of a uranium-processing plant in ohio, seeking, among other relief, both state and federal civil penalties for past violations of the cwa and rcra and of state laws enacted to supplant those federal statutes. although conceding, inter alia, that both statutes render federal agencies liable for "coercive" fines imposed to induce compliance with injunctions or other judicial orders designed to modify behavior prospectively, doe asserted sovereign immunity from liability for "punitive" fines imposed to punish past violations. the district court held that both statutes waived federal sovereign immunity from punitive fines, by both their federal-facilities and citizensuit sections. the court of appeals affirmed in part, holding that congress had waived immunity as to punitive fines in .....

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Jan 22 1992 (FN)

Quill Corp. Vs. North Dakota

Court : US Supreme Court

Decided on : Jan-22-1992

quill corp. v. north dakota - 504 u.s. 298 (1992) october term, 1991 syllabus quill corp. v. north dakota, by and through its tax commissioner, heitkamp certiorari to the supreme court of north dakota no. 91-194. argued january 22, 1992-decided may 26,1992 respondent north dakota, through its tax commissioner, filed an action in state court to require petitioner quill corporation-an out-of-state mail-order house with neither outlets nor sales representatives in the state-to collect and pay a use tax on goods purchased for use in the state. the trial court ruled in quill's favor. it found the case indistinguishable from national bellas hess, inc. v. department of revenue of ill., 386 u. s. 753 , which, in holding that a similar illinois statute violated the fourteenth amendment's due process clause and created an unconstitutional burden on interstate commerce, concluded that a "seller whose only connection with customers in the state is by common carrier or the ... mail" lacked the requisite minimum contacts with the state. id., at 758. the state supreme court reversed, concluding, inter alia, that, pursuant to complete auto transit, inc. v. brady, 430 u. s. 274 , and its progeny, the commerce clause no longer mandated the sort of physical-presence nexus suggested in bellas hess; and that, with respect to the due process clause, cases following bellas hess had not construed minimum contacts to require physical presence within a state as a prerequisite to the legitimate .....

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