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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Year: 1969 Page 7 of about 110 results (0.019 seconds)

Dec 15 1969 (HC)

The Maheshwari Devi Jute Mills Ltd. Vs. the Commissioner of Sales Tax

Court : Allahabad

Decided on : Dec-15-1969

Reported in : [1971]27STC61(All)

..... actual delivery and not constructive delivery and that as the actual delivery of the goods took place outside uttar pradesh under the terms of the contract the benefit of section 5 was available to the dealer. it was laid down that although the destination to which goods were to be despatched ..... having bought from you the goods as detailed below subject to the terms and conditions overleaf....9. upon the plain terms and conditions of the contract it makes no difference that the goods were booked by rail under railway receipts, that the railway receipts showed the assessee as consignee, and that ..... having been completed at kanpur or as inter-state transactions?3. it is appropriate at this stage to set out the relevant terms of the contract:1. unless otherwise expressly agreed in writing all goods sold shall be deemed to have been sold ex mill delivery. no complaint regarding quality or ..... to have been occasioned by the contract of sale entered into by the assessee. at the instance of the assessee the judge (revisions) has referred the following question:--whether under the circumstances ..... assessee was dismissed. the order was affirmed by the judge (revisions) sales tax, who held that according to the terms set out in the contract forms the delivery of the goods was completed at the mill premises and the subsequent movement of the goods outside the state could not be said .....

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Dec 08 1969 (HC)

Gupta Brothers Vs. Commissioner, Sales Tax

Court : Allahabad

Decided on : Dec-08-1969

Reported in : [1970]26STC115(All)

..... another state for delivery in the home state, the movement of the goods from that state into uttar pradesh would be a necessary incident of such a contract of sale.19. the view that i have taken is directly supported by a decision of this court in firm rabhubar dayal kallu mal v. state of ..... from one state to another within section 3(a) of the central sales tax act, when the movement 'is the result of a covenant or incident of the contract of sale and the property passed in either state'. the same view has been reiterated by the supreme court in the cement marketing co. of india (private) ..... this submission he relies on two facts :(a) that according to the terms of the contract the company was to effect sale in favour of the assessee at firozabad and(b) the railway receipts which are the documents of title were retired by ..... kerosene oil so imported.11. mr. gupta, however, contends that it is clause (c) which applies. his argument is that although there was a prior contract of sale between the assessee and the company yet the property in the goods passed to the assessee only after the goods had crossed into uttar pradesh. for ..... cannot be accepted that it is caltex limited which imported the kerosene oil into uttar pradesh and then sold it to the assessee. there was a prior contract of sale between the company.and the assessee and in consequence of it the kerosene oil moved into the state of uttar pradesh. it may be that .....

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Nov 27 1969 (HC)

Commissioner of Income-tax Vs. Maharaja Pateshwari Prasad Singh

Court : Allahabad

Decided on : Nov-27-1969

Reported in : [1970]76ITR208(All)

..... a debtor, the creditor is not at liberty to credit the payment towards the principal, but is under an obligation to credit the payment towards interest. section 60 of the contract act states: 'where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the, payment is to be applied, the creditor may apply it ..... first instance, towards the outstanding interest.' 6. in chaganlal shrilal v. gopilal choturam a.i.r. 1954 m.b. 151, it was held that sections 59 and 60 of the contract act provide that the debtor has, at the time of making payment, a right to intimate that the payment is to be applied towards the liquidation of a particular debt ..... recovery is or is not barred by the law in force for the time being as to the limitation of suits.' 9. it is true that section 60 of the contract act makes ho specific referenceto interest due. but, as explained by the madhya bharat high court, the principle of section 60 of the ..... contract act has been applied to a situation whereprincipal and interest are due from a debtor. in such a case when paymentis made by a debtor without any direction as regards .....

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Nov 18 1969 (HC)

Raghunath Swarup Mathur and ors. Vs. Har Swarup Mathur and ors.

Court : Allahabad

Decided on : Nov-18-1969

Reported in : [1970]40CompCas282(All)

m.h. beg, j. 1. raghunath swarup mathur and his four sons are the petitioners before this court under sections 397 and 398 of the companies act, 1956 (hereinafter referred to as the act). the petitioners fulfil the requirements of section 399 of the act for filing a petition under sections 397/398 of the act as they hold more than one-tenth of the paid up capital of the co-operative co. ltd., nawabganj, saharanpur, which is the company involved here. the petitioners allege that the first three opposite parties, har swarup mathur and kishan swarup mathur and jagroop swarup mathur, the real brothers of petitioner no. 1, control the affairs of the co-operative company and that the three opposite parties nos. 4 to 6--hari mohan mathur and r.p. mathur and k.k. bhartari--are mere puppets in their hands. m/s. shyam k. gupta company, auditors, opposite party no. 7, have been impleaded by the petitioners on the allegation that they have been colluding in concealing irregularities and frauds of opposite parties nos. 1 to 3. the central government, opposite party no. 9, is probably impleaded only because section 400 of the act requires a notice of such a petition to be sent to the central government. the real targets ofthe attack of the petitioners are the three opposite parties, who according to the petitioners, have functioned in various capacities contrary to the provisions of the act and realised salaries illegally from the company. the petitioners also allege that the three .....

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Sep 26 1969 (HC)

Kripa Ram Gupta Vs. R.K. Talwar and ors.

Court : Allahabad

Decided on : Sep-26-1969

Reported in : AIR1970All296

..... think that is so. it is always open to the state government, or for that matter, any employer to provide for the voluntary retirement of an employee even before the contracted age of compulsory retirement.32. in this view of the matter i am unable to agree with the observations in 1966 all. l. j. 153 = (air 1966 all. 560) that .....

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Sep 10 1969 (HC)

B. Malik Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Sep-10-1969

Reported in : AIR1970All268

..... :--'thus the essential structure of the secretary of state services was altered and the basic foundation of the contractual-cum-statutory tenure of the service disappeared. it follows that the contracts as well as statutory protection attached thereto came to an automatic and legal termination.'the indian administrative service, as observed in the majority judgment delivered by wanchoo, j. (as ..... application and, after quoting the above statement of lord russell, proceeded to say:'the same view was expressed by this board in a similar case where it is stated:'contracts are expressed in terms of the unit of account, but the unit of account is only a denomination connecting the appropriate currency.''the unit of account must accordingly be ..... or discharge, the obligation of the surety is also extinguished. the creditor cannot then complain that the extinction of the obligation of the surety impairs the obligation of his contract with the principal debtor. so here, on the lawful extinguishment of the principal right to payment in sterling, the alternative right of conversion of sterling into rupees is automatically ..... v. state of u.p. : air1959sc564 for the application of the de minimis rule).11. the constitution of the u.s.a. absolutely forbids any impairment of the obligations of contract. speaking in that context. justice holmes made this generalised remark: 'constitutions are intended to preserve practical and substantial rights, not to maintain theories'. davis v. mills, (1904) 194 .....

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May 08 1969 (HC)

J.K. Manufacturers Ltd. (Formerly J.K. Cotton Manufacturers Ltd.) Vs. ...

Court : Allahabad

Decided on : May-08-1969

Reported in : AIR1970All362; [1970]26STC310(All)

..... that there is an understanding between the dealers that the purchasing dealer will furnish form iii-a to the selling dealer or even that there is a contract between them to that, effect. breach of contract is not unknown, and there will always be a case, no matter what the understanding or thecircumstances, where form iii-a is not supplied by the .....

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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 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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