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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: gujarat Year: 1991 Page 1 of about 25 results (0.011 seconds)

Jan 23 1991 (HC)

State Bank of India Vs. Smt. Kusum Vallabhdas Thakkar

Court : Gujarat

Decided on : Jan-23-1991

Reported in : (1994)1GLR655

..... and also security for the performance of that guarantee and it is a perfectly legitimate and legal way of conducting such commercial transactions. in fact chapter viii of the contract act deals with indemnity and guarantee and provides for this kind of tripartite arrangement.10. as regards consideration, it is true that no direct consideration flowed from the plaintiff to the defendant ..... such tripartite arrangement, anything done for the benefit of the principal debtor is a sufficient consideration to the surety for giving guarantee as expressly provided in section 127 of the contract act. thus, even though there is no consideration to the third party-surety for mortgage, the consideration of having done anything for the benefit of the principal debtor is a ..... therefore, in an agreement to execute mortgage, if there is any promise by the creditor to advance monies on creation of such mortgage, there cannot be specific performance of the contract to lend money. but when the lender has advanced the money and the debtor has agreed to create a mortgage, that agreement is specifically enforceable. this proposition has been laid ..... incomplete statement and incomplete quotation. that paragraph from mulla further reads as under:(e) in south african territories ltd. v. wallngton (f) lord macnaghten said that specific performance of a contract to lend money cannot be enforced is so well established, 'and obviously so wholesome a rule, that it would be idle to say a word about it' the remedy for .....

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Aug 20 1991 (HC)

Kumari Binita Through Her Natural Guardian Bharatkumar C Banker Vs. Li ...

Court : Gujarat

Decided on : Aug-20-1991

Reported in : (1992)2GLR1258

..... the risk on their lives would be covered thereafter. the deponent of the said affidavit has further pointed out that life insurance contract is not a contract of indemnity and in order that there shall be insurable interest for the purpose of covering the risk of death, the date of vesting of ..... counsel further submitted that the terms of contract which have been entered into between the corporation and the petitioner are not vitiated on any of the grounds like coercion, undue influence, fraud misrepresentation ..... terms of the policy cannot be said to be unreasonable or unconscionable and having understood the terms of the policy the petitioner had entered into contract with the respondent no. 1-corporation and therefore, the petitioner is not entitled to any of the reliefs prayed for in the petition. learned ..... minor in fact the minor would not be entitled to the benefit of policy till the deferred date and therefore, the terms of the contract being unreasonable and unconscionable, it must be set aside and the life insurance corporation should be directed to extend the benefit immediately to minor ..... the first respondent in its commercial function. it has been pointed out in the said reply that as minor children cannot enter into any contract, the plans of assurance under tables 80 and 81 have been specifically and specially formulated with a view to enabling children to secure life .....

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Jan 29 1991 (HC)

Sajipur Bogha Nagar Palika Octroi Karmachari Mandal and anr. Vs. Ahmed ...

Court : Gujarat

Decided on : Jan-29-1991

Reported in : (1991)2GLR956; (1994)IIILLJ431Guj

..... , namely: (i) ............... (ii) ............... (iii) ............... (iv) the transfer, in whole or in part,of the assets, rights and liabilitiesof the surrendering local authority(including the rights and liabilities under and contract made byit) to the absorbing local authorityor to the state government, andthe terms and conditions for suchtransfer; (v) ....... (vi) the transfer or re-employment of any employees of a surrendering ..... on and from the 23rd february, 1986: (a) transfers, in whole, of all assets, rights and liabilities of the specified local authorities (including the rights and liabilities under any contract made by any of the specified local authorities) to the municipal corporation of the city of ahmedabad (hereinafter referred to as 'the said corporation'); (b) substitutes the corporation for the ..... petitioners should succeed in special civil application no. 991 of 1986.claim of interest :44. the claim of interest be examined. if an employee performs his part of the contract, i.e. he attends the duty, he would certainly be entitled to claim wages and he can legitimately ask the employer to pay the amount of wages regularly. if ..... of interest by the workmen can be denied.48. in view of the aforesaid settled legal position and in view of the implied term of contract which should be read by necessary implication in all contracts of employment, the employer should make payment of interest on the delayed payment of wages till the actual payment is made. it may again be .....

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Feb 06 1991 (HC)

Associated Cement Co. Ltd. Vs. R.M. Gandhi, Regional Provident Fund Co ...

Court : Gujarat

Decided on : Feb-06-1991

Reported in : (1991)2GLR1286; (1995)IIILLJ368Guj

..... the decision of the regional provident fund commissioner before this high court. the court rejected the petition holding that the parties were not free to contract out of law. the court further held that the amount of special allowance or special relief was paid in view of the unexpected rise in ..... bonus, gratuity, esi contribution, etc.'the aforesaid part of the agreement indicates that the parties were conscious of the provisions of law and they were contracting within the law rather than outside the law.15. the learned counsel for the respondents has relied upon an unreported decision of this high court in ..... provisions of the act and the scheme makes it clear that though certain payments may be made to the employee in accordance with the terms of contract of employment, they are not necessarily included in the definition of 'basic wages' for the purpose of calculating the contribution to be made by ..... excludes dearness allowance. this causes difficulty because cash value of any food concession may be the earning of the workman in accordance with the terms of contract. as far as the exclusion of the dearness allowance is concerned, it is taken care of by including the same in section 6 of the ..... the act. the phrase 'basic wages' means all emoluments which are earned by an employee while on duty or in accordance with the terms of the contract of employment and which are paid or payable in cash. however, difficulty arises on account of the exceptions to this definition. clause (i) of the .....

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Feb 22 1991 (HC)

Lalitaben Bhanabhai D/O. Bhanabhai Malabhai Vs. Lalitaben Bhanabhai W/ ...

Court : Gujarat

Decided on : Feb-22-1991

Reported in : (1991)2GLR1182; (1995)IIILLJ376Guj

m.b. shah, j. 1. being aggrieved and dissatisfied by the judgment and decree dated. 27th september, 1979 passed by the city civil court, ahmedabad, in civil suit no. 2289 of 1975, defendant no. 1 has filed this appeal. 2. plaintiff no. 1 has filed this suit for herself and on behalf of her minor sons, plaintiffs nos. 2 & 3, for partition of properties belonging to her husband bhanabhai malabhai against defendants nos. 1 to 3 who are the daughters of bhanabhai of his previous wife kankuben. it is her say that she married the deceased on 20th may, 1971 at village sanatal, district ahmedabad, after the death of the first wife of the deceased bhanabhai. the first wife of deceasedbhanabhai named kankuben expired in 1970. lalitaben, defendant no. 1, is a daughter of kankuben. defendant no. 2 shantaben and defendant no. 3 champaben are the other two daughters of kankuben. plaintiffs nos. 2 and 3 are the minor sons born out of wedlock of plaintiff no. 1 with deceased bhanabhai. the deceased bhanabhai was serving in calico mills at ahmedabad. he has expired on 2.2.1974, the deceased had not executed any will. the succession certificate ex.25 is obtained by defendant no. 1 lalitaben by filing civil miscellaneous application no. 280 of 1974 before the city civil court, ahmedabad. that application was filed for recovering following amounts: (1)amount of provident fund with the calico mills, ahmedabad.. rs. 15,000/-(2)amount of gratuity with the calico mills, ahmedabad.. rs. 8,000/-(3) .....

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Feb 26 1991 (HC)

United India Fire and General Ins. Co. Ltd. Vs. Manibehn and ors.

Court : Gujarat

Decided on : Feb-26-1991

Reported in : 1993ACJ941

..... additional premium the company will indemnify the insured against liability at law for compensation for death or for bodily injury to any person being carried in the motor vehicle; such indemnity would be limited to the sum of a particular amount of rupees... the amount has not been showed near the word rupees. it, therefore, becomes clear that this important particular ..... said printed blanks have been kept open it would mean that there was no restriction or limitation on the liability which has been accepted by the insurance company under the contract between the insurance company and the insured. no other view except the abovesaid one, which we are taking, is possible.14. even if two views would have been possible, looking ..... further contended that because the necessary figures have not been filled in, in the endorsement no. 13 (b) attached to the policy, it can never be urged that there was contract between the insurer and the insured under which the limited liability was accepted. mr. bhatt has also urged that in the instant case, because the blanks have been kept open .....

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Apr 23 1991 (HC)

Tata Metals and Strips Ltd. (Formerly Ahmedabad Advance Mills Ltd.) Vs ...

Court : Gujarat

Decided on : Apr-23-1991

Reported in : (1992)2GLR1232

..... doctrine of promissory estoppel and observed that it is a principle evolved by equity to avoid injustice and though commonly named 'promissory estoppel', it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to the other a ..... against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. it is elementary that in a republic governed by the rule of law, no one, howsoever high or low, is above the .....

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Apr 24 1991 (HC)

Rajput Anil Ramsinh and anr. Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-24-1991

Reported in : (1992)2GLR1146

b.s. kapadia, j.1. the present appeal is filed by the appellants rajput anil ramsinh and rajput jeetendra ramsinh who are convicted and sentenced by the learned addl. sessions judge, rajkot, in original sessions case no. 31 of 1985 as under:the accused nos. 1 and 2 are convicted for the offence under section 302 and also under section 302 read with section 34 of the i.p.c. for causing death of nanji puja. similarly, the accused nos. 1 and 2 are also convicted for the offence under section 304 part ii read with section 34 of i.p. for causing death of himanshu vyas. the accused nos. 1 and 2 are also convicted for the offences under section 324 read with section 34 of the i.p.c. for causing injuries to dhiru nanji. the accused nos. 1 and 2 are also convicted for the similar offences for causing injuries to bhanuben dhirubhai, amarshi mavji, laduben amarshi and kamlesh sonpal. they are also convicted for the offence under section 342 of i.p.c. for wrongful confinement of dhiru nanji. they are also convicted for the offence under section 457 read with section 34 of the i.p.c. for committing criminal trespass at night time by breaking open the door of amarshi mavji with intention to commit offence.for the offences under section 302 read with section 34 of i.p.c. they both are sentenced to life imprisonment. similarly they both are sentenced to undergo r.i. for 5 years for the offence under section 304 part ii read with section 34 of i.p.c. they both are sentenced to r.i. for six .....

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Jun 28 1991 (HC)

Brooke Bond India Limited Vs. State of Gujarat

Court : Gujarat

Decided on : Jun-28-1991

Reported in : (1991)2GLR1225

..... of this position the contention raised by learned counsel mr. pathak for the assessee that the transaction is in the form of a works contract cannot be accepted. 40. looking to the abovesaid position it becomes clear that both the abovesaid questions referred to us require to be answered ..... case of hindustan aeronautics ltd. v. state of karnataka : [1984]2scr248 . in this decision while putting the significant difference, between the works contract of service and contract for sale of goods, very succinctly, the supreme court has observed thus at page 320 of stc (para 13 at page 748 of air ..... the materials, is conclusive, although such matters may be taken into consideration in determining, in the circumstances of a particular case, whether the contract is in substance one for work and labour or one for the sale of a chattel.' 36. the question regarding the nature of transaction ..... passed three separate assessment orders saying that the transactions entered into by the assessee-company with the agriculturists and farmers would not constitute the works contract. the alternative contention raised by the assessee-company, that the sales of chicory roots in the instant case would be tax-free under ..... matters were taken up for the assessment by the sales tax officer, ahmedabad, the assessee-company had claimed that the transactions were works contracts, and therefore they did not attract any tax whatsoever under the act. the assessee-company therefore had requested that the amount of purchase .....

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Jul 16 1991 (HC)

The Growth Leasing and Finance Ltd. Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-16-1991

Reported in : [1992]85STC25(Guj)

..... in the cases of transfer falling in clauses (a), (b), (c), (e) and (f) at one or other stage, property in goods passes to the purchaser. in case of works contract, at some stage the property in goods passes on to the purchaser. in case of hire-purchase, the same result occurs. in case of supply of goods, the goods either ..... ) and all materials, articles and commodities including standing timber and things attached to or forming part of the land, which are agreed to be served before sale or under the contract of sale. it is contended that by placing plant and machinery in schedule iv, in essence, the state legislature is trying to tax transfer of rights in immovable property. 9 ..... form) involved in the execution of a works contract; (c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments; (d) a tax on the transfer of the right to use any ..... (forty-sixth amendment) act, 1982, reads as follows : '(29a) 'tax on the sale or purchase of goods' includes - (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (b) a tax on the transfer of property in goods (whether as goods or in some other .....

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