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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Year: 1969 Page 11 of about 110 results (0.014 seconds)

Apr 29 1969 (HC)

State of Uttar Pradesh and anr. Vs. Virendra Nath Srivastava and anr.

Court : Allahabad

Decided on : Apr-29-1969

Reported in : (1970)ILLJ620All

..... circumstance may indicate that, although in form the government had purported to exercise its right toterminate the employment orto reduce the servant to a tower rankunder the terms of the contract of employment or under the rules,in truth and reality the government has terminated the employment as and by way of penalty...the court has to apply the two tests ..... l.l.j. 544, it was observed in p. 562:. but the mere fact that the servant has no title to the post or the rank and the governmenthas, by contract, express or implied, or under the rules, the right to reduce him to a lower post, does not mean that an order of reduction of a servant to a lower .....

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Feb 27 1969 (HC)

Rama Prasad Ghildyal Pahari Vs. Hindi Sahitya Sammelan and ors.

Court : Allahabad

Decided on : Feb-27-1969

Reported in : (1970)ILLJ399All

..... view expressed in the oases just mentioned, we are of opinion that the use of the word ' permanent' in relation to an employment only signifies its stability and security in contract to the instability and insecurity of a temporary employment and it is indicative not so much of its duration as of its nature in contrast to the nature of a ..... examination by a division bench of the madras high court in chilakamarri lakshminarasimhacharyvlu v. mclaurin high school, cocanada a.i.r. 1949 mad. 788] and it was observed:though the contract merely says ' permanent; and though the word ' permanent' may to a proper case be taken to mean for life, nevertheless in the matter of appointment; of teachers in schools, it ..... is of opinion that they are fit to perform their duties efficiently. this usage prevailing in the educational world must be deemed to be past of the contract and it is in impossible, in our opinion, to record the contract as being one for life, having regard to the conditions and usages known to both the parties at the time of the ..... in itself normally create a promise of life employment or disentitles the employer from terminating the employee's contract of service on reasonable notice. a contract for permanent employment will, however, be considered as a contract for employment for life if the terms of the contract are such as to render inevitable the conclusion that a lifetime employment was intended.far from rendering inevitable .....

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Feb 27 1969 (HC)

Srivastava (S.P.) and anr. Vs. Banaras Electric Light and Power Compan ...

Court : Allahabad

Decided on : Feb-27-1969

Reported in : (1970)ILLJ394All

..... well-settled that whether or not termination of the service of an employee is in reality in exercise of the power to that effect contained in the contract of service has to be determined on the basis of the facts and circumstances of each case and the form in which the notice or order of ..... has given to the question is thatthe terms of a standing order would prevail over the terms of a contract which conflict with the standing order.4. in view of this answer it is no longer in dispute that if there is a conflict between the service ..... special appeal. the question which the division bench hearing the appeal referred to the full bench was as follows:in the case of a conflict between the contract of service entered into between the employee and the company and the standing orders of the latter, which would prevail ?the answer which the full bench ..... the company) and he was employed under a written agreement dated 11 july 1956. under clause 7 of the agreement each party was entitled to terminate the contract of service by giving one month's notice to the other party or paying one month's salary in lieu thereof. in december 1956, a certain sum ..... rule 18(a) of the standing orders their lordships said at pp. 377-378:.further an employer cannot now press his right purely on contract and say that under the contract he has unfettered right 'to hire and fire' his employees. that right is now subject to industrial adjudication and even a power like that .....

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Feb 26 1969 (HC)

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All518; [1969]24STC508(All)

..... background of the law social, political and economic, has changed. laissez-faire as an ideal has been supplanted by 'social security;' and social security suggests status rather than contract...............'the supreme court has repeatedly stressed that in the changing social pattern of today, the area within which a prospective buyer and an intending seller can bargain has been greatly ..... contention was not accepted by the supreme court. bachawat, j., speaking for the court, referred to the related provisions of the indian sale of goods act and the indian contract act and, analysing the position under the andhra pradesh sugarcane (regulation of supply and purchase) act and the rulesframed under it; he observed:--'.................... the canegrower in thefactory zone is ..... held, by majority (kapur and shah, jj.), that the transactions of despatches of sugar by the assessee pursuant to the directions of the controller were not the result, of any contract of salereference was made to state of madras v. gannon dunkerley & co. (madras) ltd. : [1959]1scr379 where while examining the validity of statutes of provincial legislatures imposing sales ..... in assessment proceedings under the bihar sales tax act. 1947 the assessee contended that the supplies made by it could not be described as sales because there was no contract of sale. the facts disclose that the govt. of different states intimated their requirements of sugar to the sugar controller of india from time to time. after considering .....

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Feb 26 1969 (HC)

Smt. Vishnawati Vs. Bhagwat Vithu Chowdhry

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All389

..... filed by the defendant smt. vishnawati the second additional civil judge who disposed the same held that it being undisputed that a tenancy is heritable in the absence of a contract to the contrary and that gayaprasad shukla had left surviving him not only the appellant but also sons and daughters, those sons and daughters also became co-tenants of the .....

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Feb 26 1969 (HC)

Bhagwan Industries Private Ltd. Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Feb-26-1969

Reported in : [1970]25STC420(All)

r.s. pathak, j.1. the assessee, m/s. bhagwan industries private limited, carries on the business of selling atta, maida and suji. it was assessed for the assessment year 1957-58 to sales tax under rule 41(5) of the u.p. sales tax rules. the net turnover was determined at rs. 46,00,000. the assessment was made ex parte as the assessee did not produce its account books. then, on september 13, 1961, the sales tax officer issued a notice calling upon the dealer to appear with its account books on september 27, 1961. he stated that certain purchases and sales made by the assessee during the years 1957-58 and 1958-59 had come to his notice and required verification. the notice warned that in case the assessee failed to appear it would be presumed that all sales and purchases effected by it had not been entered in its books and accordingly action under section 21 of the u.p. sales tax act would be taken. the assessee did not produce its account books. subsequently on march 13, 1962, the sales tax officer issued another notice. this was in the form of a memorandum. it pointed out that the turnover assessed for the year 1955-56 was rs. 58,18,426 and the turnover disclosed for the year 1958-59 by the assessee itself in its account books was rs. 75,70,840. having regard to these figures, the sales tax officer said, turnover for the years 1956-57 and 1958-59 appeared to have escaped assessment. it was, therefore, considered necessary to ascertain the actual position from the assessee. it .....

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Feb 19 1969 (HC)

Bans Bahore and ors. Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-19-1969

Reported in : AIR1970All353

..... aforesaid limitation act was in force. section 29 of the limitation act 1908 reads as follows:--'29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the first schedule .....

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Feb 10 1969 (HC)

Commissioner, Sales Tax Vs. Noorullah Ghazanffurullah

Court : Allahabad

Decided on : Feb-10-1969

Reported in : [1970]26STC100(All)

..... the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes does not pass to the assessee and it cannot be said ..... of body construction including painting etc.' this is not a case where what is supplied by the assessee is a composite unit distinct from the underframes. there is in the contract before us reference to a completed coach only and it is a completed coach which the assessee delivers to the railway. significantly, the underframes remain throughout the property of ..... referred accordingly.19. the cases on the point have been discussed by my brother gulati, j., but i may mention the reasons which have prevailed with me.20. the contract between the assessee and the north eastern railway required the assessee to build railway coaches. the underframes were to be supplied by the railway and on those underframes the assessee ..... therefore, taxable 2. the assessee, m/s. noorullah ghazanffurullah is a firm of contractors which carries on business at allahabad. in the assessment year 1958-59, the assessee executed a contract of building railway coaches for the north eastern railway on the underframes supplied by the railway. the coaches were to be built according to the specifications and drawings annexed to .....

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Jan 10 1969 (HC)

Raghubar Dayal Kanodia Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Jan-10-1969

Reported in : AIR1970All143

..... of telephone for a previous period is paid, then it cannot be said that the telephone authorities are punishing that subscriber. in fact it would probably be a matter of contract between the subscriber and the department. mr. seth has pointed out that under rule 443 of the rules, the department has a right to disconnect the telephone in case of .....

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Jan 03 1969 (HC)

Asharfi Lal Vs. Vaid Mohan Lal

Court : Allahabad

Decided on : Jan-03-1969

Reported in : AIR1970All125

..... which a litigant engages a counsel for conducting his case before the rent control authorities would primarily depend upon the intention of the parties and the interpretation of the actual contract entered into by them. the tenant mohan lal indicated the terms of the authority of mr. ayyer by the vakalatnama. before the commissioner mr. ayyer on 20th may, 1960, filed ..... accommodation whenever he chooses to do so. the rights of the landlord and the tenant to put an end to a contract of tenancy by an agreement, remain unaffected by any provision of the act they can substitute, for an existing contract of tenancy, a fresh one. they can alter the subject-matter of the tenancy by reducing or enlarging the accommodation .....

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