Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1969 Page 6 of about 477 results (0.049 seconds)

Mar 28 1969 (SC)

Collector of Customs and ors. Vs. Soorajmull Nagarmull and anr.

Court : Supreme Court of India

Decided on : Mar-28-1969

Reported in : (1969)1SCC858a

m. hidayatullah, c.j.1. this is an appeal against the judgment and decree of the high court of calcutta refusing to enter satisfaction of two decrees under order 21 rule 2 of the cpc obtained by the respondents against the union of india in the following circumstances.2. the respondents m/s. soorajmull nagarmull imported spindle oil from philadelphia. the firm was required to pay customs duty under item 27(3) of the first schedule to the tariff act, 1934 at 27% ad valorem. the firm filed two suits asking for refund of excess duty claiming that the oil was dutiable only under item 27(8) at -/2/6 per imperial gallon. the suits were filed against the collector of customs, the assistant collector of customs for appraisement and the union of india. the suits were successful and decrees were passed against the union of india for refund of the amount charged in excess. in one suit the decree was for payment of rs. 43,723/- with interest at 6% per annum from 1st day of april, 1952 until realisation. in the second suit the decree was for rs. 75,925/- with similar interest.3. since the firm had not paid a sum of rs. 18,08,667.72 as tax the income-tax officer, circle ii, calcutta issued a notice under section 46(5a) of the indian income-tax act, 1922 calling upon the collector of customs to pay the amount of the decree to him and stating that his receipt would constitute a good and sufficient discharge of the liability for refund to the firm. the collector of customs paid the amount .....

Tag this Judgment!

Mar 29 1969 (HC)

D.M. Nagaraja Rao Vs. Indian Oil Corporation Ltd.

Court : Karnataka

Decided on : Mar-29-1969

Reported in : [1971]41CompCas621(Kar); (1969)2MysLJ83

..... order that the respondent would pass while terminating the services of the petitioner would be an order wholly in the exercise of the powers conferred by the terms of the contract and not under any statute or law. the result of this position would be that a writ cannot be issued against the respondent in the nature of certiorari for the .....

Tag this Judgment!

Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

Decided on : Apr-01-1969

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

Tag this Judgment!

Apr 01 1969 (FN)

Scofield Vs. Nlrb

Court : US Supreme Court

Decided on : Apr-01-1969

..... justice marshall took no part in the consideration or decision of this case. [ footnote 1 ] there is a union security clause in the current contract, giving each employee, after a 30-day waiting period, the option of becoming and remaining a member in good standing of the union of declining ..... work offered by the employer. allis-chalmers makes this quite clear. the union rule here left the collective bargaining process unimpaired, breached no collective contract, required no pay for unperformed services, induced no discrimination by the employer against any class of employees, and represents no dereliction by the union ..... , for doing so will discriminate between members and those page 394 u. s. 435 others who are free to earn as much as the contract permits. all members of the bargaining unit, however, have the same contractual rights. in dealing with the employer as bargaining agent, the union ..... strike at the bargaining table. [ footnote 11 ] nor does the union ceiling itself or compliance with it by union members violate the collective contract. the company and the union have agreed to an incentive pay scale, but they have also established a guaranteed minimum or machine rate considerably ..... the union. petitioners refused to pay the fines, and the union brought suit in state court to collect the fines as a matter of local contract law. [ footnote 3 ] petitioners then initiated charges before the national labor relations board, arguing that union enforcement of its rule through the .....

Tag this Judgment!

Apr 03 1969 (HC)

Ratanshi Panchan Tank, Mattancherry, CochIn Vs. Registrar of Companies ...

Court : Kerala

Decided on : Apr-03-1969

Reported in : AIR1971Ker1

..... the registration, or, if the company cannot be registered under the provisions of the act, to refuse registration. whatever be the rights of a person who pays money under a contract for services, to be rendered but subsequently declines the services, we do not think that, in the absence of a provision to that effect in the statute concerned, a person .....

Tag this Judgment!

Apr 07 1969 (FN)

Fortner Enterprises, Inc. Vs. United States Steel Corp.

Court : US Supreme Court

Decided on : Apr-07-1969

..... with respondents that a sum of almost $200,000 is paltry or "insubstantial." in any event, a narrow focus on the volume of commerce foreclosed by the particular contract or contracts in suit would not be appropriate in this context. as the special provision awarding treble damages to successful plaintiffs illustrates, congress has encouraged private antitrust litigation not merely to ..... involved here, where the credit is provided by one corporation on condition that a product be purchased from a separate corporation, [ footnote 4 ] and where the borrower contracts to obtain a large sum of money over and above that needed to pay the seller for the physical products purchased. whatever the standards for determining exactly when a transaction ..... affected was "insubstantial" because only a very small percentage of the land available for development in the area was foreclosed to competing sellers of prefabricated houses by the contract with petitioner. we think it plain that the district court misunderstood the two controlling standards and misconceived the extent of its authority to evaluate the evidence in ruling on ..... charged that respondents, united states steel corp. and its wholly owned subsidiary, the united states steel homes credit page 394 u. s. 497 corp., had engaged in a contract, combination, and conspiracy to restrain trade and to monopolize trade in the sale of prefabricated houses. it alleged that there was a continuing agreement between respondents "to force corporations .....

Tag this Judgment!

Apr 08 1969 (HC)

Doraipandi Konar Vs. P. Sundara Pathar

Court : Chennai

Decided on : Apr-08-1969

Reported in : AIR1970Mad291

..... petitioner. as observed in chedilal v, bhagwandas, ilr(1889) all 234 , by the use of the word 'lawfully' in section 70 of the indian contract act, the legislature had in contemplation cases in which a person held such a relation to another as either directly to create or by implication reasonably to ..... for in the agreement. the observation of the court that the obligations undertaken by the tenant or the landlord to effect repairs by virtue of the contract will be imported into the terms of the statutory tenancy is consistent with, and, indeed, is in pursuance of the provisions of the act themselves, ..... there is no general saving clause in the rent control act of 1960 to the effect that the provisions of the act are subject to the contracts of tenancy, on the other hand, the legislature has, wherever it thought fit that the rights and obligations found in the tenancy agreement should be ..... rent payable in respect of the building for that year.' 9. section 108 of the transfer of property act states thus:--'in the absence of a contract or local usage to the contrary, the lessor and lessee of immoveable property, as against the one another, respectively, possess the rights and are subject ..... the entire amount claimed by him. hence the revision. it may be observed that he, however, repelled the contention that section 70 of the indian contract act was applicable to this case.5. the first question which arises for consideration is whether the respondent is entitled to base his claim upon the .....

Tag this Judgment!

Apr 09 1969 (HC)

Anandkumar Parmanand Kejriwala and anr. Vs. Kamaladevi Hiralal Kejriwa ...

Court : Mumbai

Decided on : Apr-09-1969

Reported in : AIR1971Bom231; (1969)71BOMLR801; ILR1971Bom264

..... great number of proceedings for which the parties had to pay although they furnished no ultimate decision of their rights. the intention of the legislature in giving effect to the contract of the parties, and saying that one of them should be entitled to make an application to insist that the matter should he referred according to the original agreement, was ..... and making of a decree. 4. under the arbitration act the arbitrator is given the power to decide the dispute if there is an agreement to this effect in a contract. the disputes may be referred to arbitration in various ways as provided therein i.e., independently of court or at the direction of the court or in a pending suit .....

Tag this Judgment!

Apr 09 1969 (HC)

R. Kanakasabai and ors. Vs. the Controller of Estate Duty, Madras

Court : Chennai

Decided on : Apr-09-1969

Reported in : AIR1970Mad197; [1969]74ITR429(Mad)

..... is it a benefit reserved to the donor by the contract within the meaning of section 10, we should think that it is such a benefit. the contention for the accountable persons is that the benefit should be in the nature ..... would have been worded differently. it does not say that it should be a benefit to the done from the property by contract or otherwise. we are inclined, to think that any benefit which the donor bargains for by a contract embodied in a document which conveys the property by way of gift would be within the purview of the section. we ..... assumed possession and enjoyment and to the entire exclusion of the donor. the question then is whether there was a exclusion of the donor from any benefit to him by contract or otherwise. that the providon for payment of maintenance in the deeds in favour of the sons, grandsons and daughter amounted to a ..... contract can admit of no doubt. the obligation to pay maintenance is supported by the consideration of making a gift in each of these cases. the only other question, therefore, is, .....

Tag this Judgment!

Apr 15 1969 (SC)

The Workmen of the Motor Industries Co. Ltd. Vs. the Management of the ...

Court : Supreme Court of India

Decided on : Apr-15-1969

Reported in : AIR1969SC1280; (1969)IILLJ673SC; (1969)2SCC13; [1970]1SCR304

..... the strike envisaged by these two sections is clearly the one which is illegal under section 24 read with section 23. a strike in breach of a contract during the operation of a settlement and in respect of a matter covered by that settlement falls under section 23(c). but whereas section 26 punishes a ..... . the said settlement was a contract between the company and the association representing the workmen and it was in operation on may 11, 1966. but was it in respect of a matter covered ..... workman going on strike thus envisages two conditions; (a) that it is in breach of a contract and (b) that it is during the period in which a settlement is in operation and is in respect of any of the matters covered by such settlement ..... which was in contravention of any act or law. section 23 provides that no workman employed in an industrial establishment shall go on strike in breach of contract and during the period in which a settlement is in operation, in respect of any of the matters covered by such a settlement. the prohibition against a ..... of the act, the first condition of which is that to be illegal under section 24 read with section 23 it must be in breach of a contract. standing order 22 requires that participating in a strike would be misconduct if it is in breach of some provision of law. but as the strike was .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //