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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1969 Page 7 of about 477 results (0.040 seconds)

Apr 15 1969 (HC)

Bishamber Dutt Roshan Lal and ors. Vs. Gian Chand Charan Das

Court : Punjab and Haryana

Decided on : Apr-15-1969

Reported in : AIR1970P& H60

..... when the act was applicable to the building concerned, yet if the pre-decessor-in-interest could seek ejectment on the ground of subletting because of the terms of the contract or any special law or rules that are applicable, it can well be argued that the transferee should be entitled to take advantage of such a subletting if the same ..... given is that under the ordinary law of the land, a landlord can get rid of his tenant at any time he likes, unless prohibited by the terms of the contract, by giving the requisite notice. by the act, the tenant is given protection from such an ejectment and the landlord can seek ejectment only on the grounds mentioned in the ..... under which any such requirement can be imposed upon the tenant. the only other situation in which such requirement can be imposed upon a tenant is a term of the contract of tenancy but no such argument and basis of the term of tenancy has been urged in the present case nor do i understand was there any such argument in ..... restriction act because immediately after the transfer the exemption goes. however, in view of section 29 of the rehabilitation act, the landlord cannot eject his tenant notwithstanding any terms of contract between the parties. proviso to section 29(1) of the rehabilitation act is in the following terms:--'provided that notwithstanding anything contained in any such terms and conditions, no such .....

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Apr 18 1969 (HC)

Suraj Bai and ors. Vs. Nawab Mohammed Mukarram Ali Khan and ors.

Court : Rajasthan

Decided on : Apr-18-1969

Reported in : 1969WLN209

..... failed to prove that they had done all these necessary acts, they cannot take the defendant liable for non-performance of his part of the contract, consequently, the plaintiffs are not entitled to get any damages from the defendant and their claim has rightly been dismissed by the trial court.13 ..... as his own; the buyer remains subject to all his obligations and liabilities under, it and enables the seller not only to complete the contract, if so advised, notwithstanding his previous reputation of it, but also to take advantage of any supervening circumstances which would justify him in declining ..... result that without measurements the sale-deed could not be drafted. in the second place, it is urged that the defendant had himself repudiated the contract, though wrongly, by his notice dated the 9th september 1955, ex. 2 and consequently, it was no more necessary thereafter for the plaintiffs ..... . 2500/- as damages. the plaintiffs have further averred that in spite of the defendant's notice dated 9th september, 1955, wrongly repudiating the contract, they called upon the defendant by their notice dated 10th october 1955, that they were still prepared to purchase the property in question and if ..... defendant prevented him from taking the measurements. the plaintiffs have charged the defendants with a fraudulent intention of illegally putting an end to the contract by having to initiated a complaint in respect of the proposed sale in the tehsil jaipur as a result of which the plaintiffs received .....

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Apr 21 1969 (HC)

Shaw Wallace and Co. Ltd. Vs. Central Government Industrial Tribunal-c ...

Court : Madhya Pradesh

Decided on : Apr-21-1969

Reported in : (1970)ILLJ710MP; 1969MPLJ699

..... led to the inevitable conclusion that if any employee had remained absent for eight consecutive days without leave, he would be deemed to have terminated his contract of service and thus relinquished or abandoned his employment. the second part, however, provided that the employee should be afforded an opportunity to furnish an ..... the agreed terms of the employment, then there is at once a wrongful dismissal and repudiation of the contract. i see no distinction in such a case as the present between repudiation by the defendants of their contractual obligations and 'a wrongful dismissal' in ..... servant or of non-vital provisions of the contract of employment. the question is ever one of degree. if the conduct of the employer amounts to a basic refusal to continue the servant on ..... or conduct to allow the servant to fulfil his contract or employment. the refusal must of course be substantial in the sense that it is not a mere repudiation of some minor rights of the ..... dismissal' of his servant, stating:the expression 'wrongful dismissal' in itself includes a repudiation by the master of the essential obligation laid on him by the contract. as observed by mccardie, j.:dismissal may be effected by conduct as well as words. a man may dismiss his servant if he refuses by word .....

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Apr 21 1969 (FN)

United States Vs. Skelly Oil Co.

Court : US Supreme Court

Decided on : Apr-21-1969

united states v. skelly oil co. - 394 u.s. 678 (1969) u.s. supreme court united states v. skelly oil co., 394 u.s. 678 (1969) united states v. skelly oil co. no. 280 argued january 15, 1969 decided april 21, 1969 394 u.s. 678 certiorari to the united states court of appeals for the tenth circuit syllabus respondent, a natural gas producer, in 1958 refunded $505,536 to two customers for excess amounts it had collected during the previous six years under a minimum price order which this court subsequently invalidated. in its tax returns for those years, respondent included that sum in its gross income and it also included that amount in its "gross income from the property," which 613 of the internal revenue code of 1954 makes the basis for the 27 1/2% depletion allowed upon the production of oil and natural gas. respondent's actual increase in taxable income attributable to the receipts in question was thus $36,513. however, in its tax return for 1958, respondent attempted to deduct the $505,536, claiming that 1341 permitted it to deduct the full amount of the overcharges refunded to respondent's customers. under that section, income which a taxpayer receives under a claim of right is included as gross income in the year of receipt, and, under 1341(a)(4) (on which respondent relies here), a deduction may be claimed in the year of repayment. section 1341 applies if (1) "an item was included in gross income for a prior taxable year (or years)" under a claim of right: (2) "a .....

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Apr 23 1969 (FN)

Nlrb Vs. Wyman-gordon Co.

Court : US Supreme Court

Decided on : Apr-23-1969

..... to "(1) a military or foreign affairs function of the united states; or" "(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts." 5 u.s.c. 553(a) these exceptions exclude, inter alia, the national forest service, the national park system, the bureau of land management, and other agencies dealing with "public .....

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Apr 24 1969 (HC)

M.R. Pillai Vs. Motilal Vrijbhukhandas and ors.

Court : Mumbai

Decided on : Apr-24-1969

Reported in : AIR1970Bom324; (1969)71BOMLR619; 1970CriLJ1216; ILR1970Bom184

..... these cases there were special provisions under the respective special enactments which would override the general provisions of the criminal procedure code. that is not the case under the forward contracts (regulation) act, 1952 which lays down that certain offences are cognisable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... can the police arrest the accused without warrant but investigate the offences under chapter xiv of the criminal procedure code, in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regu ..... 25, 1969, he framed charges in the 8 cases against the respective accused, the particulars of which are briefly stated above, for contravening the provisions of the forward contracts (regulation) act, 1952. 6. the very contentions which were urged before the learned presidency magistrate are urged in the above revision applications challenging the said order dated march ..... c. i. d. bombay suspecting mat certain firms of bullion traders of zaveri bazar were conducting illegal forward trading in silver in contravention of section 17 of the forward contracts (regulation) act, 1952 read with the aforesaid notification, raided the premises belonging to 8 firms suspected to be contravening the act. during the raid, 47 persons including .....

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Apr 24 1969 (HC)

Dinkar Keshav Bedbkar Vs. the State of Maharashtra

Court : Mumbai

Decided on : Apr-24-1969

Reported in : (1969)71BOMLR867; 1970MhLJ364

..... governed by article 311(2) for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the case of a temporary government servant or a servant holding higher rank temporarily to which he has no right. in short a preliminary enquiry is ..... or other disqualification may be the motive or the inducing factor which influences the government to take action under the terms of the contract of employment or the specific service rule, nevertheless, if a right exists, under the contract or the rules, to terminate the service the motive operating on the mind of the government is wholly irrelevant.in the next paragraph .....

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Apr 24 1969 (HC)

Motilal Vijbhukhandas Vs. M.R. Pillai

Court : Mumbai

Decided on : Apr-24-1969

Reported in : 1969MhLJ875

..... cases there were special provisions under the respective special enactments which would override the genera revisions of the criminal procedure code. that is not the case under the 1, ward contracts (regulation) act, 1952, which lays down that certain offences are cognizable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... relied on for the conclusion of the learned judge that section 165 of the criminal procedure code was not available for an investigation by the police of an offence under the forward contracts (regulation) act, 1952. the learned judge has further referred to collector of monghyr v. keshav prasad : [1963]1scr98 , and dhirendra, nath v. sudhir chandra : [1964]6scr1001 ..... can the police arrest the accused without warrant but investigate the offences under chapter iv of the criminal procedure code. in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regulating ..... and this raid and search of the papers belonging to the accused was illegal because the police had not applied for a search warrant under section 22a of the forward contracts (regulation) act, 1952. the learned presidency magistrate overruled this contention following an unreported judgment by mr. justice chitale and mr. justice palekar in state of maharashtra v. .....

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Apr 25 1969 (HC)

Sumer Chand Vs. Daya Sarup Saxena

Court : Delhi

Decided on : Apr-25-1969

Reported in : 6(1970)DLT145

..... the act, the controller possesses all the attributes of a court. section 14 of the act lays down that notwithstanding anything to the contrary contained in any other law or contract no order or decree for the recovery of possession of any premises shall be made by any court or controller in favor of the landlord against a tenant. then follow .....

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Apr 29 1969 (HC)

Mishra Bandhu Karyalaya and ors. Vs. Shivratanlal Koshal

Court : Madhya Pradesh

Decided on : Apr-29-1969

Reported in : AIR1970MP261

..... is justified is one of fact dependent upon the nature of the default and the circumstances in which it was made. 42. it must be observed, however, that a contract cannot be terminated unilaterally. therefore, if one party commits a breach sufficiently serious to constitute a discharge, this does not automatically abrogate the mutual obligations, but merely gives the ..... or anybody else including shri maniram have absolutely no right of publication and sale of books concerned.' 35. in other words, although the defendants were in breach of the contract, they signified their unwillingness to accept its rescission, wrongfully asserted a title to the copyright in themselves which was adverse to that of the plaintiff and thereafter admittedly continued the ..... in accord with these findings reached by the learned judge for the reasons advanced and would, therefore, hold that there was no breach of clauses 4 and 6 of the contract by the plaintiff. on the contrary, agreeing withthe learned judge, we would further hold that the defendants themselves had committed breach of the various covenants contained therein, particularly ..... defendant no. 1 m/s. mishrabandhu karyalava. (after considering the evidence, the court held that the agreement dated 13th march 1952 (ex. p-5) truly represented a concluded contract between the parties.) 21. coming to the third contentionraised by the learned counsel, we are satisfied that it is wholly devoid of substance. in dealing with arrangements between authors and .....

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