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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: supreme court of india Year: 1973 Page 1 of about 75 results (0.089 seconds)

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Jan 31 1973 (SC)

Ram NaraIn Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-31-1973

Reported in : AIR1973SC1188; 1973CriLJ914; (1973)3SCC805; [1973]3SCR463; 1973(5)LC598(SC); 1973()WLN98

..... give to p.w. 1 some more land elsewhere. it appears that the approver and the appellant had by then become quite intimate. the approver gave to the appellant a contract for filling up the foundation for a house and also paid him about rs. 8 or 9 hundred for which he took no receipt. the approver also started teaching the ..... the public or to any person or to support any claim or title or to cause any person to part with property or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery. section 30, i.p.c., defines 'valuable security' to be a document which purports to be .....

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Mar 05 1973 (SC)

Shew Kissen Bhattar Vs. the Commissioner of Income Tax, Calcutta

Court : Supreme Court of India

Decided on : Mar-05-1973

Reported in : AIR1973SC2348; [1973]89ITR61(SC); (1973)4SCC115; [1973]3SCR567

..... any interest payable on such capital : . . . . . . . . . . . . . . . . . . . . . . 6. the question is whether the assessee is entitled to deduct the compound interest payable by him in accordance with the terms of the contract referred to earlier or whether he is only entitled to deduct simple interest at the rate of 6.75% per annum. it must be borne in mind that what the ..... rate of 6.75% per annum. but if he fails to pay that in accordance with the terms of the contract, he was liable to pay compound interest. in other words, if he fails to pay interest in accordance with the contract, he was liable to pay interest on interest. or to put it differently, when the interest payable is not paid .....

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Mar 06 1973 (SC)

The Workmen of Firestone Tyre and Rubber Co. of India (Pvt.) Ltd. Vs. ...

Court : Supreme Court of India

Decided on : Mar-06-1973

Reported in : AIR1973SC1227; [1973(26)FLR359]; (1973)ILLJ278SC; (1973)1SCC813; [1973]3SCR587

..... the estate have been paid in full.74. the point that arose for consideration was whether the above section operates so as to govern the distribution of dividend under a contract made under a scheme which had taken effect before the act was passed or came into operation. in holding that the section was not retrospective, it was observed :then is .....

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Mar 07 1973 (SC)

Hindustan Lever Ltd. Vs. Ram Mohan Ray and ors.

Court : Supreme Court of India

Decided on : Mar-07-1973

Reported in : AIR1973SC1156; [1973(26)FLR408]; 1973LabIC784; (1973)ILLJ427SC; (1973)4SCC141; [1973]3SCR624

..... in ram nath koeri v. lakshmi devi sugar mills. and ors. : (1956)iillj11all where it was observed that the payment of wages is one of the essential ingredients of the contract of employment and that the word 'conditions' includes the idea conveyed by the word 'terras' but goes beyond it and is not confined to what is included in that word .....

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Mar 08 1973 (SC)

C.i.T., Andhra Pradesh Vs. Vadde Pulliah and Co.

Court : Supreme Court of India

Decided on : Mar-08-1973

Reported in : AIR1973SC2434; [1973]89ITR240(SC); (1973)4SCC121; [1973]3SCR655

k.s. hegde, j.1.these are appeals by special leave. they arise from a common judgment of the andhra pradesh high court in a reference under section 66 (i) of the indian income tax act, 1922, to be hereinafter referred to as the 'act'. the reference in question relates to the assessment of the assessee for the assessment years 1954-55, 1955-56 and 1956-57. the question of law referred by the tribunal is 'whether on the facts and the circumstances of the case, the assessment made on the firms, for each of the assessment years 1954-55, 1955-56 and 1956-57, are valid in law ?'2. now we shall set out the material facts as could be gathered from the case stated by the tribunal. up to and including the assessment year 1953-54 business with which we are concerned in this case, was carried on by vadde pallaiah. he was assessed as an 'individual'. on march 20-3-1953 he entered into a partnership consisting of himself and three others. that partnership was known as 'm/s. vadde pulliah and co.' in that partnership pulliah had 8 as. share and out of the remaining three partners two had 3 as. share each and one had 2 as. share. for the assessment years 1954-55, 1955-56 and 19561-57, this firm filed returns of income as a firm. it also applied for registration under section 26a. the income-tax officer rejected that application holding that there was no genuine firm. he came to the conclusion that the business was exclusive that of pulliah. he accordingly assessed pulliah as an 'individual' .....

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Apr 04 1973 (SC)

Commissioner of Income Tax, West Bengal Ii Vs. Birla Gwalior (P) Ltd.

Court : Supreme Court of India

Decided on : Apr-04-1973

Reported in : AIR1973SC2486; [1973]89ITR266(SC); (1974)3SCC196; [1973]3SCR902

k.s. hegde, j.1. these are connected appeals by certificate. they relate to respondent's assessment for the assessment years 1954-55, 1955-56 and 1956-57. the previous financial years are the relevant accounting years.2. in all these appeals, as directed by the high court of calcutta under section 66(2) of the indian income tax act, 1922, certain questions were submitted by the tribunal. in the first case i.e. civil appeal no. 242 of 1970 only one question was submitted and in the other two cases i.e., civil appeals nos. 243 and 244 of 1970, two questions were submitted. the question submitted in the first case is as follows :whether on the facts in the circumstances of the case the sum of rs. 1,11,779 said to have been foregone by the assessee as managing agency commission was allowable as a revenue expenditure under section 10(2)(xv) of the indian income-tax act, 1922 for the assessment year 1954-553. similar questions were called for the remaining two assessment years as well. but, in addition, one more question, namely :whether on the facts and in the circumstances of the case the sum of rs. 30,000 said to have been foregone by the assessee as office allowance receivable from gwalior rayon and silk . was allowable as a revenue expenditure under section 10(2)(xv) of the indian income tax act, 1922 for the assessment years, 1955-56 and 1956-57, was called for.4. at the hearing, the high court came to the conclusion that it is not necessary to answer the common question .....

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Apr 05 1973 (SC)

Rosy Jacob Vs. Jacob A. Chakramakkal

Court : Supreme Court of India

Decided on : Apr-05-1973

Reported in : AIR1973SC2090; (1973)1SCC840; [1973]3SCR918

i.d. dua, j.1. the real controversy in these two appeals by special leave preferred by the wife against her husband, lies in a narrow compass. these appeals are directed against the judgment and order of a division bench of the madras high court allowing the appeals by the husband and dismissing the cross-objections by the wife from the judgment and order of a learned single judge of the same high court dismissing about 25 applications seeking diverse kinds of reliefs, presented by one or the other party. according to the learned single judge (maharajan j.) 'these 25 applications represent but a fraction of the bitterness and frustration of an accomplished syrian christian couple who after making a mess of their married life have endeavoured to convert this court into a machinery for wreaking private vengeance'. this observation reflects the feelings of the husband and the wife towards each other in the present litigation. the short question which we are called upon to decide relates to the guardianship of the three children of the parties and the solution of this problem primarily requires consideration of the welfare of the children.2. the appellant, rosy chakramakkal (described herein as wife) was married to respondent jacob a. chakramakkal (described herein as husband) sometime in 1952. three children were born from this wedlock. ajit alias andrews,, son, was born in 1955, maya alias mary was born in 1957 and mahesh alias thomas was born in 1961. sometime in 1962 the wife .....

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Apr 09 1973 (SC)

State of Bihar Vs. Bhagirath Sharma and anr.

Court : Supreme Court of India

Decided on : Apr-09-1973

Reported in : AIR1973SC2198; 1973CriLJ1184; (1973)2SCC257; [1973]3SCR937; 1973(5)LC644(SC)

i.d. dua, j.1. the state of bihar has appealed to this court with a certificate of fitness under article 134(1)(c) of tide constitution from the judgment and order of a learned single judge of the patna high court dated august 14, 1969 quashing, on revision under sections 439/561-a, cr.p.c, the prosecution of bhagirath sharma and radhey shyam sharma, the respondents in this court, for contravention of clauses 3, 4 and 5 of the bihar essential commodities act-other than food grains-prices and stocks (display and control) order, 1967 (hereinafter called the order), pending in the court of the sub-divisional magistrate, gaya.2. according to the prosecution case, on receipt of confidential information that the proprietor of m/s. auto spare, law road, gaya, was not properly maintaining the account of motor tyres, with the ulterior motive of withholding the supply of the said article to the genuine customers, shri ram nivas singh, marketing officer, gaya, had, along with two supply inspectors, made a surprise inspection of the firm on may 22, 1969 and found certain irregularities. one of those irregularities was, the failure of the firm to display the price list and stock position of motor tyres anywhere in their shop, in contravention of clause 4 of the order. on search by the said marketing officer, a huge stock of motor tyres of different varieties numbering 487 were actually found stored in the inner portion of the shop. in view of the irregularities discovered by the marketing .....

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Apr 16 1973 (SC)

State of Uttar Pradesh and anr. Vs. Annapurna Biscuit Mfg. Company

Court : Supreme Court of India

Decided on : Apr-16-1973

Reported in : AIR1973SC1333; (1974)3SCC121; [1973]3SCR987; [1973]32STC1(SC)

..... comprehends the power to impose tax, to prescribe machinery for collecting the tax, to designate officers by whom the liability may be imposed and to prescribe the authority, obligation and indemnity of the officers. the state legislature may under entry 54, list ii, be competent to enact a law in respect of matters necessarily incidental to tax on the sale and ..... .8. argument has been advanced before us on behalf of the appellant that the impugned law would be covered by entry 7 in list iii which relates, inter alia, to contracts. a similar argument was advanced in the case of ashoka marketing ltd. (supra) and was rejected in the following words:we fail to appreciate how power to legislate in respect .....

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