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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1973 Page 1 of about 75 results (0.170 seconds)

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Dec 11 1973 (SC)

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC818; (1974)1SCC424; [1974]2SCR629

..... rent control acts do not confer on the landlord a new right of eviction, but merely restrict his existing right to recover possession under the contract or the general law. the landlord cannot, therefore, sue for recovery of possession on any of the grounds recognised as valid by the rent ..... respect of bargaining power than the tenant, that it enacted a provision in the act for relieving the landlord against the consequences of an unwise contract entered into by him with open. eyes. to take such a view would be to pervert the legitimate end of a social legislation and ..... for the protection of tenants and are consequently restrictive and not enabling or conferring any rights of action but restricting the existing rights either under the contract or under the general law." that is what this court said in manuiendra dutt v. purendu prosad roy chowdhury & ors.(1), while dealing ..... . ordinarily we do. not find, and indeed it would be a strange and rather incomprehensible phenomenon, that legislation intervenes to disturb the sanctity of contract for the benefit of a stronger party who does not need the protective hand of the legislature. this consideration we must constantly keep. before us ..... protection of tenants and are consequently restrictive and not enabling, conferring no new rights of action but restricting the existing rights either under the contract or under the general law." should not be held to apply to all rent acts irrespective of the scheme of those acts and their provisions .....

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Dec 11 1973 (SC)

M/S. Binani Bros. (P) Ltd. Vs. Union of India and ors. M/S. Pragdas Ma ...

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : (1974)3CTR(SC)18

..... in belgium, inspected there and imported into india for the consignee. movement of goods from belgium to india was pursuance of the conditions of the contract between the assessee and the director-general of supplies. there was no possibility of these goods being diverted by the assessee for any other purpose. ..... the export being inextricably linked up with the sale so that the bond cannot be dissociated without a breach of the obligation arising by statute, contract or mutual understanding between the parties arising from the nature of the transaction, the sale is in the course of export.10. in the khosla ..... sales for export and not in the course of export. the court observed that to occasion export there must exist such a bond between the contract of sale and the actual exportation, that each link is inextricably connected with the one immediately proceeding it and that without such a bond, ..... the import licences granted to it, was entitled to import the goods from any person or country and that the import licences issued as against the contracts with the dgs&d; imposed no obligation on the petitioner to supply the goods to the dgs&d; after they had been imported. they, therefore ..... the central sales-tax act, 1956. the petitioner used to procure non-ferrous metals for various countries and also from within the country for fulfilling its contracts with the government of india through the dgs&d.; the import of non-ferrous metals was under open general licence till june 30, 1957. thereafter .....

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Dec 11 1973 (SC)

Binani Bros. (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC1510; (1974)1SCC459; [1974]2SCR619; [1974]33STC254(SC)

..... belgium, inspected there and imported into india for the consignee. movement of goods from belgium to india was in pursuance of the conditions of the contract between the assessee and the director general of supplies, there was no possibility of these goods being diverted by the assessee for any other purpose. ..... the export being inextricably linked up with the sale so that the bond cannot be dissociated without a breach of the obligation arising by statute, contract or mutual understanding between the parties arising from the nature of the transaction, the sale is in the course of export.11. in the khosla ..... sales for export and not in the course of export. the court observed that to occasion export there must exist such a bond between the contract of sale and the actual exportation, that each link is inextricably connected with the one immediately preceding it and that without such a bond, ..... the import licences granted to it, was entitled to import the goods from any person or country and that the import licences issued as against the contracts with the dgs&d; imposed no obligation on the petitioner to supply the goods to the dgs&d; after they had been imported. they, therefore ..... the central sales tax act, 1956. the petitioner used to procure non-ferrous metals from various countries and also from within the country for fulfilling its contracts with the government of india through the dgs&d.; the import of non-ferrous metals was under open general licence till june 30, 1957. thereafter .....

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Nov 30 1973 (SC)

Nagindas Ramdas Vs. Dalpatram Ichharam Alias Brijram and ors.

Court : Supreme Court of India

Decided on : Nov-30-1973

Reported in : AIR1974SC471; (1974)1SCC242; [1974]2SCR544

..... gujarat high court has taken the view that in spite of the fact that there is no express provisions in the bombay rent act prohibiting contracting out, such a prohibition would have to be read by implication consistently with the public policy underlying this welfare measure. if we may say so with respect, this is a ..... a prohibitory mandate to the rent court that it shall not travel beyond the statutory grounds mentioned in sections 12 and 13, and to the parties that they shall not contract out of those statutory grounds, is inherent in the public policy built into the statute (bombay rent act).18. in rasiklal chunilal's case (supra), a division bench of the ..... , 14 to 16.16. section 13 of the delhi rent act starts with a non-obstante clause viz., 'notwithstanding anything to the contrary contained in any other law or any contract, no decree or order for the recovery of possession of any premises shall be passed by any court in favour of the landlord against any tenant....' likewise, section 10(1 .....

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Nov 29 1973 (SC)

R.N. Ganekar and Co. Vs. Hindustan Wires Ltd.

Court : Supreme Court of India

Decided on : Nov-29-1973

Reported in : AIR1974SC303; (1974)1SCC309; 1974(6)LC30(SC)

..... it is the arbitration agreement only which is the subject matter for consideration before the court. indeed if an arbitration agreement forms one of the clauses in a contract and that contract is for some reason invalid in law or non-existent in law, it would automatically follow that the arbitration agreement also was invalid or non-existent in the ..... the price per ton was rs. 2450/- the respondents countered that price was subject to variation. the respondents had refused to deliver the remaining portion of goods under the contract only because the appellants, though they had orally agreed to accept the price variation clause, had not formally accepted that clause in writing. the respondents' petition in high court ..... single judge was further of the view that the price variation clause referred to by the respondents had never been agreed between the parties and hence there was no concluded contract even as alleged by the respondents. in these circumstances, therefore, he granted a perpetual injunction restraining the appellants from proceeding with the arbitration reference.10. it is contended ..... consequently there was no arbitration agreement between the parties; (iii) an injunction restraining the appellants from proceeding with the reference and (iv) a declaration that there was a concluded contract including the arbitration clause between the parties not in terms of the price alleged by the appellants but subject to variation as notified to the appellants by letter dated 16 .....

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Nov 22 1973 (SC)

State of U.P. and ors. Vs. Sughar Singh

Court : Supreme Court of India

Decided on : Nov-22-1973

Reported in : AIR1974SC423; 1974LabIC353; (1974)ILLJ260SC; (1974)1SCC218; [1974]2SCR335

..... case that 'appointment to a post on officiating basis is, from the nature of employment, itself of a transitory character and in the absence of any contract or specific rule regulating the conditions of service to the contrary, the implied term of such an appointment is that it is terminable at any time. ..... the service of a temporary servant or reducing the servant in rank so long as the particular action taken was 'founded on the right flowing from contract or the service rules.'15. since we are concerned in this case with a case of reversion, we propose to confine our attention to the ..... in shrinivas ganesh v. union of india : (1957)iillj189bom wholly irrelevant. in short, if the termination of service is founded on the right flowing from contract or the service rules, then, prima jade the termination is not a punishment and carries with it no evil consequences and so article 311 is not attracted. ..... action is different and is connected with some disqualification or inefficiency of the officer. in other words government while pretending to act in terms of the contract of service or service rules, in reality wants to get rid of the officer concerned or to reduce him to a lower rank by way of ..... government and the language and terms of the order itself are not in harmony. in many cases though government take action under the terms of a contract of employment or under the specific service rules for the purpose of terminating the service or reducing the rank of an officer, the real motive or .....

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Nov 19 1973 (SC)

Shri Baradakanta Mishra Vs. the Registrar of Orissa High Court and anr ...

Court : Supreme Court of India

Decided on : Nov-19-1973

Reported in : AIR1974SC710; 1974CriLJ631; (1974)1SCC374; [1974]2SCR282

palekar, j.1. this is (criminal appeal no. 41 of 1973) an appeal by one baradakanta mishra from his conviction and sentence under the contempt of courts act, 1971 by a full bench of five judges of the orissa high court. the judgment is reported in i.l.r. [1973] cut 134 (registrar of the orissa high court v. baradakanta mishra and ors.).2. the appellant started his career as a munsif in 1947. his career as a judicial officer was far from satisfactory. in 1956 he was promoted on trial basis to the rank of a sub-judge with the observation that if he was found incompetent, suitable action would be taken. in due course, he was confirmed as a subordinate judge. on april, 2, 1962 he was promoted, again on, trial basis, to the rank of additional district magistrate (judicial) which is a post in the cadre of the orissa superior judicial service (junior branch). as ms work was found unsatisfactory, he was reverted to his substantive post of a subordinate judge on january 4, 1963. the order of reversion was challenged by him in a writ petition which was dismissed by a bench of ahmad, c.j. and barman, j. the case is reported in i.l.r.] 1966, cut 503. an appeal to the supreme court was dismissed on february 6, 1967. while working as a subordinate judge, after reversion, he was suspended from service from 15th may, 1964 to 9th april, 1967 during the pendency of a disciplinary proceeding against ham. that proceeding ended in a light punishment of two of his increments being stopped. from .....

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Nov 12 1973 (SC)

Damodar Valley Corporation Vs. K.K. Kar

Court : Supreme Court of India

Decided on : Nov-12-1973

Reported in : AIR1974SC158; (1974)1SCC141; [1974]2SCR240

..... advocate for the respondent also frankly conceded that the high court was not justified in dismissing the petition altogether. in the circumstances, as we have held that where in a contract there is an arbitration clause, notwithstanding the plea that there was a full and final settlement between the parties, that dispute can be referred to the arbitration, the subordinate judge ..... any obligation which one party has undertaken to the other, such dispute shall be settled by arbitration. an accord and satisfaction which is concerned with the obligations arising from the contract, does not affect an arbitration clause contained in it. it will be observed that while the decision rested on the interpretation of the settlement clause as to whether the ..... agreement :'...if at any time any question, dispute or difference whatsoever shall arise between the corporation and the successful tenderer upon or in relation to, or in connection with the contract, either party may forthwith give to the other, notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the adjudication ..... receipt as desired. the amount of the bill was, however, paid, after receipt of which the respondent claimed further sums from the appellant including damages for repudiation of the contract. when the appellant did not agree to comply with the demands the respondent served a notice of his intention to refer the matter to the arbitration under the arbitration clause .....

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Nov 12 1973 (SC)

Damodar Valley Corporation Vs. K. K. Kar.

Court : Supreme Court of India

Decided on : Nov-12-1973

Reported in : (1974)3CTR(SC)101

..... advocate for the respondent also frankly conceded that the high court was not justified in dismissing the petition altogether. in the circumstances, as we have held that where in a contract there is an arbitration clause, notwithstanding the plea that there was a full and final settlement between the parties, that dispute can be referred to the arbitration, the subordinate judge ..... any obligations which one party has undertaken to the other, such dispute shall be settled by arbitration. an accord and satisfaction which is concerned with the obligations arising from the contract, does nor affect an arbitration clause contained in it. it will be observed that while the decision rested on the interpretation of the settlement clause as to whether the original ..... :'... if at any time any question, dispute or difference whatsoever shall arise between the corporation and the successful tenderer upon or 'in relation to, or in connection with the contract, either party may forthwith give to the other, notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the adjudication of ..... receipt as desired. the amount of the bill was, however, paid, after receipt of which the respondent claimed further sums from the appellant including damages for repudiation of the contract. when the appellant did not agree to comply with the demands the respondent served a notice of his intention to refer the matter to the arbitration under the arbitration clause .....

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