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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2006 Page 4 of about 37 results (0.057 seconds)

May 01 2006 (FN)

Holmes Vs. South Carolina

Court : US Supreme Court

Decided on : May-01-2006

holmes v. south carolina - 04-1327 (2006) syllabus october term, 2005 holmes v. south carolina supreme court of the united states holmes v . south carolina certiorari to the supreme court of south carolina no. 04 1327.?argued february 22, 2006 decided may 1, 2006 at petitioner s south carolina trial for murder and related crimes, the prosecution relied heavily on forensic evidence that strongly supported petitioner s guilt. petitioner sought to undermine the state s forensic evidence by introducing expert testimony suggesting that the evidence had been contaminated and that the police had engaged in a plot to frame him. petitioner also sought to introduce evidence that another man, jimmy mccaw white, had been in the victim s neighborhood on the morning of the assault and that white had either acknowledged petitioner s innocence or admitted to committing the crimes himself. in white s pretrial testimony, he denied making the incriminating statements and provided an alibi for the time of the assault. the trial court excluded petitioner s third-party guilt evidence citing the state supreme court s gregory decision, which held such evidence admissible if it raises a reasonable inference as to the defendant s own innocence, but inadmissible if it merely casts a bare suspicion or raises a conjectural inference as to another s guilt. affirming the trial court, the state supreme court cited both gregory and its later decision in gay , and held that where there is strong forensic .....

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Mar 01 2006 (FN)

illinois Tool Works Inc. Vs. Independent Ink, Inc.

Court : US Supreme Court

Decided on : Mar-01-2006

..... market power applicable to tying arrangements involving a patent on the tying good. see infra , at 14; cf. 396 f. 3d, at 1352. instead, it described the rule that a contract to sell a patented product on condition that the purchaser buy unpatented goods exclusively from the patentee is a per se violation of 1 of the sherman act. justice o ..... law. id. , at 396. although the court s opinion does not discuss market power or the patent misuse doctrine, it assumes that [t]he volume of business affected by these contracts cannot be said to be insignificant or insubstantial and the tendency of the arrangement to accomplishment of monopoly seems obvious. ibid . the assumption that tying ..... contracts ten[d] to accomplishment of monopoly can be traced to the government s brief in international salt , which relied heavily on our earlier patent misuse decision in morton salt . the ..... misuse doctrine, as unfair methods of competition under 5 of the federal trade commission act, 15 u. s. c. 45, as contracts tending to create a monopoly under 3 of the clayton act, 15 u. s. c. 13a, and as contracts in restraint of trade under 1 of the sherman act.[ footnote 2 ] in all of those instances, the justification for the .....

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Nov 07 2006 (SC)

Ramchandra Mahadev Jagpat and ors. Vs. Chief Executive Officer and ors ...

Court : Supreme Court of India

Decided on : Nov-07-2006

Reported in : AIR2007SC650; JT2007(3)SC413; 2006(12)SCALE33; (2006)11SCC661

..... corporation at the cost of the developer.c. no construction of sale component till all the slum dwellers are rehabilitated in the new buildings, and d. undertaking/ indemnity from the developer for fulfilling the above three conditions.5. out of 9 petitioners in writ petition no. 988 of 2004, one nazir khan yakub khan alone ..... that it had the consent of more than 70% of the slum dwellers and that the same is in any event irrelevant after the termination of the contract with the society. concluding his submission, learned senior counsel submitted that the applicant has failed to make out any good ground for the recall of the ..... of this affidavit in this court in case the letter of intent is issued in favour of respondent no. 7. he has also agreed to furnish indemnity as insisted by sra.he also specifically drew our attention to the order dated 11.03.2005 in writ petition no. 988 of 2004 and the order ..... ask permission of sale portion. (b) we accept the supervision of b.m.c. engineer who will monitor the project. (c) we will give required undertaking/indemnity bond etc. as directed by hon'ble high court and as desired by sra.we may also refer to the proceedings of the principal secretary, housing department, ..... interested in developing the vile parle slum and would take immediate steps to deposit rs. 2.5 crores by sra in the matter and also would furnish indemnity as required by sra. on 04.05.2006, the high court passed an order in writ petition no. 1277 of 2006 directing the sra to call .....

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Feb 03 2006 (SC)

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Feb-03-2006

Reported in : AIR2006SC1181; 2006(2)ALD76(SC); 2006CriLJ1258; 2006(2)CTC216; 127(2006)DLT198(SC); JT2006(2)SC172; 2006(2)SCALE217; (2006)2SCC757

..... then refuses, he/she is guilty of fraud, can never unbind himself/herself and becomes a trustee, of course. for no man shall deceive another to his prejudice. such a contract to make corresponding wills in many cases get established by the instrument itself as the evidence of the agreement [see: law of trusts and equitable obligations by robert pearce and .....

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Aug 29 2006 (SC)

Ramdev Food Products Pvt. Ltd. Vs. Arvindbhai Rambhai Patel and ors.

Court : Supreme Court of India

Decided on : Aug-29-2006

Reported in : AIR2006SC3304; 2006(6)ALD36(SC); 2007(1)ALLMR(SC)402; (2007)1GLR594; JT2006(8)SC393; 2006(33)PTC281(SC); 2006(8)SCALE631; (2006)8SCC726

..... the terms and conditions of the contract, if pending determination of the lis, an order is passed that the parties would continue to do so, the same would not render the decision as ..... rs.132 crores is due to it from the appellant and the appellant had been paying the amount for the last two years as per the contract. conduct of the parties is also a relevant factor. if the parties had been acting in a particular manner for a long time upon interpreting ..... of the parties is the meaning of the words they have used. there is no intention independent of that meaning. 6.09 where the words of a contract are capable of two meanings, one of which is lawful and the other unlawful, the former construction should be preferred. sir edward coke [co. litt ..... implied from conduct.... a person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. waiver of this kind depends upon consent, and ..... raghunath gadit : [1971]3scr319 20. in delta international ltd. v. shyam sundar ganeriwalla : [1999]2scr541 , this court noticed: 17. for construction of contracts between the parties and for the interpretation of such document, learned senior counsel, mr desai has rightly relied upon some paragraphs from the interpretation of .....

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Sep 26 2006 (SC)

Ashok Mahajan Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Sep-26-2006

Reported in : 2006(4)AWC3849(SC); IV(2006)BC578(SC); [2007]137CompCas704(SC); (2007)3CompLJ538(SC); JT2006(12)SC284; 2006(9)SCALE557; (2006)10SCC332

..... encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a).(2) where the property of .....

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Mar 23 2006 (SC)

N. Srinivasa Rao Vs. Spl. Court Under A.P. Land Grabbing (Prohibition) ...

Court : Supreme Court of India

Decided on : Mar-23-2006

Reported in : AIR2006SC3691; 2006(3)ALD10(SC); 2006(4)ALT29(SC); 2006(3)SCALE386; (2006)4SCC214

..... it would first have to be established as to who had committed fraud since both, mir riyasat ali, uppari ramaiah and his heirs were in pari delicto and the original contract between uppari ramaiah and mir riyasat ali was void.30. mr. venugopal submitted that the doctrine of in pari delicto which had been explained by this court in sita ram .....

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