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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: chennai Year: 1969 Page 1 of about 43 results (0.043 seconds)

Jul 23 1969 (HC)

Queensland Insurance Co., Ltd. Vs. Rajalakshmi Ammal and ors.

Court : Chennai

Decided on : Jul-23-1969

Reported in : (1970)1MLJ151

..... held that when the vendor sold the car, the insurance policy automatically lapsed. it is clear from the decision that an insurance policy is a contract of personal indemnity and the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. the following passage at ..... no reason to doubt the same.7. it is clear from paragraph 855 at page 373 of chitty on contracts, volume 2 that a contract of insurance will normally be construed at a contract of indemnity. it is clear from paragraph 913 of the same volume 2 at page 403 that the main cover will ..... to the prior owner , t.m. radhakrishna chetty , the terms of the the policy prohibiting the hiring of the vehicle will disentitle him to any indemnity.15. in the result, the decree and judgment of the learned principal subordinate judge in so far as it makes the appellant liable for the claims in ..... vehicle runs without the cover of a policy. this decision does not lay down that in the case of policies issued to a particular person containing indemnity clause in his favour alone and not providing specifically for transfer with the assent of the insurer, the policies will not lapse by transfer of ownership ..... sub-section (5) of section 95 of the motor vehicles act refer to indemnity only of the person or classes of persons specified in the policy and the nature of the policy of guarantee depends upon the terms of the contract read along with the provisions of the act. it has been held in the .....

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Jan 06 1969 (HC)

State of Madras Represented by the Collector of Madras and ors. Vs. T. ...

Court : Chennai

Decided on : Jan-06-1969

Reported in : AIR1970Mad27; (1969)2MLJ443

..... by the government, it is not. with reference to that grant, bound by any of the sections of either the tenancy act or the transfer of property act or the contract act, or any other law for the time being in force and it, therefore, follows that any grant made has to be construed in accordance with the tenor of the ..... held that in respect of a crown grant the crown is not bound by any of the sections of the tenancy act or the transfer of property act or the contract act and that regard must be had by the courts to the terms of the grant. this decision throws light on the construction of section 3 of the crown grants ..... the agent of the government and that the government was bound by the act of the municipality and reliance was placed on section 188 of the contract act. it was held that the section of the contract act on which the appellant relied had no binding effect on the government for the simple reason that it could not override section 3 of .....

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Jan 06 1969 (HC)

The State of Madras, Represented by the Collector of Madras Vs. T.M. O ...

Court : Chennai

Decided on : Jan-06-1969

Reported in : (1969)1MLJ443

..... by the government, it is not, with reference to that grant, bound by any of the sections; of either the tenancy act, or the transfer of property act, or the contract act, or any other law for the time being in force and it, therefore, follows that any grant made has to be construed in accordance with the tenor of the ..... held that in respect of a crown grant the crown is not bound by any of the sections of the tenancy act, or the transfer of property act or the contract act and that regard must be had by the courts to the terms of the grant. this decision throws light on the construction of section 3 of the crown grants ..... the agent of the government and that the government was bound by the act of the municipality and reliance was placed on section 188 of the contract act. it was held that the section of the contract act on which the appellant relied had no binding effect on the government for the simple reason that it could not override section 3 of .....

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Jan 09 1969 (HC)

V.M. Nissar Ahmed and ors., Minors by Guardian and Next Friend V.C. Ab ...

Court : Chennai

Decided on : Jan-09-1969

Reported in : (1970)1MLJ512

..... partnership was not dissolved but has been continued by the fifth and sixth defendants. there can be and there is no change in the character of the partnership thereafter. the contract of partnership contemplates the male heirs of the original partners joining the partnership and continuing the business. no doubt the option is with them. 'the surviving partners, the fifth ..... partnership is a partnership at will? whether the parties to the contract of partnership could have intended, while providing in-specific terms for the continuance of the partnership business and the maintenance of the goodwill in the firm despite retirement or death ..... , the contract gave the male heirs of the deceased partner option to join in the partnership firm and continue in the business as partners. the question for consideration is whether such a ..... of the second plaintiff to have become a partner on the death of rasheed, the fifth defendant and the sixth defendant were partners, and they admittedly continued the business. the contract of partnership, while providing for the retirement of one or other of the partners, provided for its being continued without dissolution. on the death of one of the original partners .....

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Feb 21 1969 (HC)

V. Nagalingam Vs. Sivagnanam and anr.

Court : Chennai

Decided on : Feb-21-1969

Reported in : (1969)2MLJ246

..... of election disputes in the past. this state of affairs made the legislature amend the section. the amended section provides that if there subsists a contract entered into in the course of his trade or business by him with the appropriate government for the supply of goods to, or for the ..... conditions many persons living in towns would be members of one or other co-operative society and that if the co-operative society has any subsisting contract with the municipality a member of the co-operative society will be disqualified to stand for election; on such construction of the subsection. the ..... to the conclusion that a person taking any kind of interest direct or indirect, personal or through being a member of a society which has subsisting contract with any panchayat or panchayat union--at the date of nomination or election will be disqualified.4. v.k. thiruvenkatachari, the learned counsel for the ..... would be financial gain or loss to the respondent, however small it may be. it cannot be denied that the respondent is interested in subsisting contracts with the panchayat union council. the sub-section is worded in wide terms and it would include any kind of interest, direct or indirect. if ..... ) provides that, a person will be disqualified for election as a member, if at the date of nomination or election he is interested in a subsisting contract made with, or any work being done for, any panchayat or any panchayat union council, except as a shareholder (other than a director) in a company .....

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Feb 24 1969 (HC)

D. Paul David Vs. State of Madras Represented by Secretary, Industries ...

Court : Chennai

Decided on : Feb-24-1969

Reported in : AIR1970Mad432

..... contended that there is no reasonable basis for classifying persons employed on contract for fixed period separately and distinctly from those who are not so employed and as i pointed out' already, there is a reasonable nexus or connection between such classification and ..... the parties, and the tenure of the employment is the subject-matter of specific agreement between them, while in the case of a person who is not employed on a contract for fixed period, but whose tenure is governed by the rules and regulations applicable to the particular institution or establishment, the position is entirely different. consequently, it cannot be ..... the powers conferred by section 6 of the madras shops and establishments act (madras act 36 of 1947), his excellency the governor of madras hereby exempts, permanently persons employed on contract for fixed periods from the provisions of section 41 of the said act.'mr. b.r. dolia, learned counsel for the petitioner, sought to sustain his argumenton two different ..... 14 of the constitution of india, since it discriminates the petitioner herein as against the other employees, solely on the basis that the petitioner's services are governed by a contract for a fixed period. for the purpose of appreciating this contention, it is necessary to refer to one or two provisions of the madras shops and establishments act 1947, ( .....

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Mar 18 1969 (HC)

The State of Madras Represented by Its Chief Secretary, Govt. of Madra ...

Court : Chennai

Decided on : Mar-18-1969

Reported in : AIR1970Mad316; [1969]24STC274(Mad)

..... the constitution, for example, the provision contained in the madhya bharat sales tax act assessing importers but exempting local products, or the provision in cannon dunkerley's case assessing works contracts which did not involve sales and was therefore, ultra vires, or a provision to assess hire purchases which have been held to be not sales for the purpose of the ..... of that statute or anv of the provisions thereof under which it functions. in the above case, the supreme court had to consider a transaction which was admittedly a works contract. under tha sales tax law in force before the decision of the madras high court in cannon dunkerley and co. v. state of madras, (1954) 5 stc 216 = (air 1954 ..... what has been paid by him is one paid under a mistake of fact and law and therefore, refundable under the general principle stated in section 72 of the indian contract act. (2) under the scheme of the sales tax act, the assessing authority is also given power to decide the jurisdictional question which arises in such cases, namely whether a ..... mad 1130) turnover under works contract was assessable. but the madras high court held in that decision that the inclusion of works contract in the definition of sales was ultra vires, and this decision was confirmed by the supreme court in state of madras v .....

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Mar 21 1969 (HC)

A.M.S. and Brothers, Represented by A.M. Dawood Shah, Partner Vs. Unio ...

Court : Chennai

Decided on : Mar-21-1969

Reported in : AIR1970Mad152

..... time of entry should be interpreted so as to have a larger meaning to include the integrated activities that go with the commencement of the contract entered into and ending with the actual removal of the goods across the state frontier, within a reasonable time which is fixed in the permit ..... entry' for the purpose of article 5 will be a period which could be expected to cover a period of three months commencing from the contract of sale with the foreign dealer or foreign supplier, and ending with the arrival of the goods in the limits of pondicherry. because of this ..... of the 'things done', i.e., the contracts entered into by the petitioners with the foreign dealers.' the authorities when they insisted that ft permit should be obtained before the actual import and that ..... parts of a same transaction. if so, in the present case the bringing of the goods into india and the relevant contracts entered into by the petitioners with the foreign dealers form parts of a same transaction. the imports, therefore, were the effect of the legal consequence ..... applying the said principles to an import sale it may be stated that a purchase by import involves a series of integrated activities commencing from the contract of purchase with a foreign firm and ending with the bringing of the goods into the importing country and that the purchase and resultant import form .....

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Mar 21 1969 (HC)

A.M.S. and Brothers, Represented by A.M. Dawood Shah, Partner Vs. Unio ...

Court : Chennai

Decided on : Mar-21-1969

Reported in : (1969)2MLJ468

..... time of entry should be interpreted so as to have a larger meaning to include the integrated activities that go with the commencement of the contract entered into and ending with the actual removal of the goods across the state frontier, within a reasonable time which is fixed in the permit ..... entry ' for the purpose of article 5 will be a period which could be expected to cover a period of three months commencing from the contract of sale with the foreign dealer or foreign supplier, and ending with the arrival of the goods in the limits of pondicherry. because of this ..... the ' things done,' i.e., the contracts entered into by the petitioners with the foreign dealers.the authorities when they insisted that a permit should be obtained before the actual import and that the ..... parts of a same transaction. if so, in the present case the bringing of the goods into india and the relevant contracts entered into by the petitioners with the foreign dealers form parts of a same transaction. the imports, therefore, were the effect or the legal consequence of ..... the said principles to an import sale it may be stated that a purchase by import involves a series of integrated activities commencing from the contract of purchase with a foreign firm and ending with the bringing of the goods into the importing country and that the purchase and resultant import form .....

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Mar 28 1969 (HC)

The Union of India (Uoi) Represented by the Secretary, Ministry of Com ...

Court : Chennai

Decided on : Mar-28-1969

Reported in : (1970)1MLJ19

..... of control, use and enjoyment, that are. recognised and protected by law. in paton's jurisprudence, 3rd edition, at page 481, we find that property necessarily includes the right to, contract : this may come in under article 19 (1) (f), the right to acquire. it is said that the term ' property '' is extended to cover whatever has a present or potential ..... the executive power of the state shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose. the power to make laws with reference to posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication is found in entry 31 of the ..... authorities appear to be inclined to the view that it would depend entirely on the further question whether such benefits under the contract could be acquired held, or disposed of. if that test can be satisfied, rights arising under a contract could well be ' property rights '. the following very brief summary of what could be accepted as ' property ' and what may not ..... v. federal power commission 10 l. ed. 357, the court held, with regard to certain spiral escalation clauses in the contract, that ' if the increase is challenged, the producer must still establish its lawfulness, wholly apart from the terms of the contract.' this, again, exemplifies and illustrates the mutual rights and obligations as between a public utility, whether state-owned or by .....

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