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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: karnataka Year: 1969 Page 1 of about 12 results (0.020 seconds)

Dec 24 1969 (HC)

P. Janardhana Shetty Vs. Union of India and ors.

Court : Karnataka

Decided on : Dec-24-1969

Reported in : [1970(20)FLR355]; ILR1969KAR581; (1970)IILLJ738Kant; (1970)1MysLJ191

..... because notoriously silicosis is a disease of slow onset and it cannot be supposed that the legislature intended that every worker disabled after 1946, must prove that the disease was contracted or that the damage was done to him after 1946, which would involve there being a long period of many years of uncertainty. 90. but in regard to s. 2 ..... in respect of something that has already happened, because generally it would not be reasonable for a legislature to do that. so, if a worker has already sustained injury or contracted disease at a time when the employer is under no statutory liability to him arising out of that injury or disease, there would in general be a presumption that an ..... such tort, contract, debt, or obligation'. 79. by s. 4 of that act, it is provided that nothing in part i of the act, should affect any legal proceedings in respect of any ..... reason only of his being her husband, be liable to (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or (b) to be sued, or made a party to any legal proceeding brought, in respect of any .....

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Dec 24 1969 (HC)

P. Janardhana Shetty and anr. Vs. the Union of India (Uoi) by Secretar ...

Court : Karnataka

Decided on : Dec-24-1969

Reported in : AIR1970Kant171; AIR1970Mys171

..... because, notoriously silicosis is a disease of slow onset and it cannot be supposed that the legislature intended that every worker disabled after 1946, must prove that the disease was contracted or that the damage was done to him after 1946, which would involve there being a long period of many years of uncertainty.77. but in regard to section 2 ..... respect of some-thing that has already happened, because generally it would not be reasonable for a legislature to do that. so, if a worker has already sustained injury or contracted a disease at a time when the employer is under no statutory liability to him arising out of that injury or disease, there would in general be a presumption that ..... such tort, contract, debt, or obligation. by section 4 of that act, it is provided that nothing in part i of the act, should affect any legal proceedings in respect of any tort ..... , by reason only of his being her husband, be liable-- (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or (b) to be sued, or made a party to any legal proceeding brought, in respect of any .....

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Jun 25 1969 (HC)

Dasappa (D.M.) Vs. Labour Court and anr.

Court : Karnataka

Decided on : Jun-25-1969

Reported in : ILR1969KAR261; (1970)ILLJ485Kant; (1969)2MysLJ190

..... him under s. 3 of the act. sub-section (1) contains a general proposition laying down that every employee shall be paid wages for each of the holidays, notwithstanding any contract to the contrary. the word 'employee' as defined in s. 2(2) has no reference either to the permanent or temporary character of a person employed in an industrial establishment ..... s. 5 of the act, which deals with wages on a holiday allowed under s. 3, we think it necessary to reproduce the entire section : '5. wages. - (1) notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under s. 3. (2) where an employee works on any holiday allowed under .....

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Jun 06 1969 (HC)

N. Bommon Behram and anr. Vs. the Government of Mysore and ors.

Court : Karnataka

Decided on : Jun-06-1969

Reported in : AIR1970Kant89; AIR1970Mys89

..... of the property then the making of the award as properly understood must involve the communication of the offer to the party concerned. that is the normal requirement of the contract law as its applicability to cases of award, made under the act cannot be reasonably excluded....... (the underlining (here in ' ') is ours). it would be manifest from these propositions laid .....

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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 .....

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Feb 04 1969 (HC)

M.S. Devoraj Vs. S.V. Krishnamurthy

Court : Karnataka

Decided on : Feb-04-1969

Reported in : AIR1969Kant350; AIR1969Mys350; (1969)2MysLJ580

..... this particular case such a contingency does not arise. it is clear from the documents that i have referred to that the plaintiff had entered into a contract with the contractor for an on behalf of the principal, i.e. the defendant. knowing this well, if the contractor had chosen to initiate any ..... if the plaintiff in those circumstances made a payment, it would be voluntary and officious and cannot secure him the benefit of s. 70 of the contract act. this decision also lays down the proposition that in order to claim the benefit of s. 70, it must be shown that the defendants had ..... with discretion they enable the courts to do substantial justice in cases where it would be difficult to impute to the persons concerned relations actually created by contract. it is, however, especially incumbent of final courts of fact to be guarded and circumspect in their conclusions and not to countenance acts or payments ..... mentioned above, that is, the scope of section 70 of the act with reference to the facts of this case.5. section 70 of the contract act reads as follows:--'where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such ..... 4027/- by the defendant (plaintiff ?) was not lawful but voluntary and the plaintiff cannot have the benefit of the provisions of section 70 of the contract act. the learned district judge found that the payment made by the plaintiff though it enures to the benefit of the defendant, is no more than .....

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Jun 30 1969 (HC)

M. Krishnamurthy Vs. State of Mysore and ors.

Court : Karnataka

Decided on : Jun-30-1969

Reported in : AIR1970Kant100; AIR1970Mys100; (1970)1MysLJ462

..... of loan taken by him, clause (b) disqualifies a member from being a member on the committee of management if he has directly or indirectly any interest in any subsisting contract made with the society; clause (d) disqualifies a person from being such member if he has any relation of his as a paid employee of that society. clause (e) disqualifies ..... the other clauses of sub-rule (1) imposed a disability only with reference to the society in which the member had committed a default, had acquired interest in any subsisting contract or transaction, or had been employed as paid legal practitioner on behalf of the society, or had accepted employment as legal practitioner against the society, clause (c) was so general ..... specified in the bye-laws of the society, or in any case for a period exceeding three months; or (b) he has directly or indirectly, any interest in any subsisting contract made with the society or in any property sold or purchased by the society or in any other transaction of the society, except in any investment made in, or any .....

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Jun 10 1969 (HC)

Segu Butchaiah Setty Vs. Income-tax Officer, Kolar Circle and anr.

Court : Karnataka

Decided on : Jun-10-1969

Reported in : [1970]76ITR607(KAR); [1970]76ITR607(Karn)

somnath iyer, j.1. writ petition no. 304 of 1967 arises out of the recovery proceedings under the income-tax act, 1961, which would be referred to as the 'new act', by which the tax recovery officer functioning under that act took steps for the recovery of income-tax due in respect of the assessment years 1954-55 and 1955-56, determined in an assessment proceeding to which an unregistered firm was dissolved in the year 1955, after the assessment was made.2. a notice of demand under section 29 of the income-tax act, 1922, which will be referred to as the 'old act', was issued to the unregistered firm, following which, a certificate was forwarded under section 46(2) of the old act to the collector. the assessee named in that certificate was the unregistered firm.3. in writ petitions nos. 515 of 519 and 578 and 579 the petitioner was one of the members of an association of persons in respect of which there were assessments and imposition of penalties in respect of various assessment years commencing with the assessment year 1951-52 and ending with 1956-57. notices of demand were issued to the association of persons under section 29 of the old act and when there was default in payment, the income-tax officer forwarded certificates to the collector under section 46(2) of the old act in which the association of persons was named as the assessee.4. this association of persons came to an end on november 14, 1956.5. after the new act came into force, the tax recovery officer, .....

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Jun 04 1969 (HC)

K.O. Krishnaswamy and ors. Vs. Director, Enforcement Directorate, Mini ...

Court : Karnataka

Decided on : Jun-04-1969

Reported in : AIR1970Kant2; AIR1970Mys2; (1969)2MysLJ601

..... or would be willing to purchase them, which generally speaking is the market value of the goods, what is so payable by him as the price under a bona fide contract of sale, is, what should be repatriated and not the artificial value stated in the declaration. it is this distinction which is emphasised by the word 'payable' occurring in clause ..... investigation could not support any other conclusion. if x is the declared value of the exported goods but y is the proper price for which they are sold, under a contract which is above the reproach ofcollusion or collaboration for circumven-tion of the law, the amount payable by the foreign buyer is y and not x. the clear finding of .....

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Apr 11 1969 (HC)

State of Mysore Vs. M.N. Vasantha Kumar

Court : Karnataka

Decided on : Apr-11-1969

Reported in : 1969CriLJ1299

k. bhimiah, j.1. the state has filed the above appeal against the order of acquittal of the respondent passed by the sessions judge, coorg mercara, in s.c. no. 2 of 1967, the respondent was tried for offences under sections 302 and 201, penal code. there is a criminal petition also filed by the state under section 561 a of the code of criminal procedure for expunging adverse remarks passed by the sessions judge in paragraphs 16, 19, 20, 45, 46 and 48 of the judgment under appeal. as both these matters are connected, they are clubbed and heard together and disposed of by common judgment.2 the allegation against the respondent (accused) is that on 11-8.1966 at 5 p. m. at mcolegadde in charangala village, he caused the death of his brother, montana malmallayya by inflicting injuries with a bill hook and knowing that an offence under section 302, penal code punishable with death or imprisonment for life was committed, caused the evidence of the said offence disappear by concealing the dead body of motana malmallayya inside bushes with an intention to screen himself from legal punishment.3. the learned sessions judge who tried the accused for offences under sections 802 and 201 of the penal code, or want of legal evidence though he was morally convinced that the accused was mainly responsible for the murder of his younger brother, malmallayya, with a view to usurping the entire ancestral property for himself, acquitted him. the state has challenged the judgment and the order .....

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