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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1983 Page 2 of about 57 results (0.086 seconds)

Aug 26 1983 (SC)

Gangadhar and anr. Vs. Raj Kumar

Court : Supreme Court of India

Decided on : Aug-26-1983

Reported in : AIR1983SC1202; 1983(31)BLJR605; 1983(2)SCALE446; (1984)1SCC121

..... of the party to intimate to the court about the death of the party represented by the learned counsel and for this purpose a deeming fiction is introduced that the contract between dead client and lawyer subsists to the limited extent after the death of the client.4. reverting to the facts of this case, present respondent claiming to be the ..... the learned advocate of a party to give intimation of the death of the party represented by him and for this limited purpose to introduce a deeming fiction of the contract being kept subsisting between the learned advocate and the deceased party was that the other party may not be taken unawares at the time of hearing of the appeal by .....

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Aug 24 1983 (SC)

Goverdhan Prasad and ors. Vs. Management of Indian Oxygen Ltd.

Court : Supreme Court of India

Decided on : Aug-24-1983

Reported in : AIR1984SC27; 1983LabIC1511; (1984)ILLJ26SC; 1983(2)SCALE400; (1984)1SCC144

order1. this appeal by special leave arises out of an order of the labour court, delhi in lca no, 7/77 by which the application made by the ten workmen employed by the respondent-indian oxygen ltd. (company for short) and stationed at ghaziabad under section 33-c(2) of the industrial disputes act was rejected upholding the preliminary objection raised on behalf of the company. the preliminary objection raised on behalf of the respondent was that an application under section 33-c(2) of the industrial disputes act was not maintainable because the relief claimed is not merely a monetary computation of an existing benefit but it is a substantive demand for changing the dearness allowance formula applicable to the applicant-workmen. after upholding the preliminary objection raised on behalf of the respondent-employer company, the labour court dismissed the application. hence this appeal by special leave.2. a mere narration of factual matrix would expose the utter hollow-ness of the preliminary objection raised on behalf of the respondent. ten workmen who applied for monetary computation of existing benefit, namely, that the clearness allowance formula applicable to them was the one awarded by the industrial tribunal, delhi in reference i.d. no. 88 of 1973 in respect of workmen employed in the factory including general staff (employed in delhi branch) were stationed at ghaziabad which can appropriately be described as part of delhi agglomeration or a suburb of delhi though .....

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Aug 12 1983 (SC)

H.M. KamaluddIn Ansari and Co. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-12-1983

Reported in : AIR1984SC29; 1983(2)SCALE107; (1983)4SCC417; [1983]3SCR607

..... the claim for damages is adjudicated upon and culminates in a decree. the respondent had consequently no right under clause 18 to appropriate sums due to the appellant under other contracts in satisfaction of its claim for damages against the appellant, when the claim for damages was pending adjudication.26. this court in union v. raman iron foundry (supra) while ..... only be for the purpose of and in relation to arbitration proceedings and further that the question whether any amounts were payable by the appellant to the respondent under other contracts, was not the subject matter of the arbitration proceedings and, therefore, the court obviously could not make any interim order which, though ostensibly in form an order of interim injunction ..... determined shall apply to the court and the court shall decide the question on affidavits.17. the appellant in the instant case took the stand that there was no concluded contract between the parties including arbitration. therefore, the order of injunction passed in the instant case could not be for the purpose of and in relation to arbitration proceedings. faced ..... were due to it under pending bills.6. the appellant firm moved a petition under section 33 of the arbitration act before the court alleging that there was no concluded contract in existence between the parties containing any arbitration clause and prayed inter alia for determining the existence, validity and effect of the alleged arbitration agreement. the stand of the union .....

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Aug 12 1983 (SC)

B.A. Jayaram and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-12-1983

Reported in : AIR1983SC1005; 1983(2)SCALE118; (1984)1SCC168; [1983]3SCR624

..... a less drastic procedure.12. it was submitted that all-india tourist vehicles do not use the roads of the state as much as the contract carriages operating, in the state and therefore, the state was wrong in treating them alike. it was said that treatment of unequals as equals ..... vehicles using its roads; and, the contribution which a tourist carriage is required to make to its treasury is no more than what other contract carriages are required to make. we are firmly of the view that there is no impairment of the freedom under article 301. the special submission ..... purported use of running the tourist buses, but actually the permits were misused to run the tourist vehicle either as stage carriages or as contract carriages.a survey made by the transport commissioner of maharashtra revealed a similar state of affairs. the transport commissioner submitted a report to the government ..... states. another factor which appears to have influenced the flocking of transport operators from other states to states like nagaland and manipur is the nationalisation of contract carriage service in states like karnataka. one the permits were obtained and the vehicles were registered, these small states saw the last of the operators ..... 'an ah india' permit which would be valid for the whole of india and which would enable the holder of the permit to ply his contract carriage throughout india. section 63(1) of the motor vehicles act, provides that, except as may be otherwise prescribed, a permit granted by the .....

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Aug 09 1983 (SC)

Narendra Singh Vs. Chhotey Singh and anr.

Court : Supreme Court of India

Decided on : Aug-09-1983

Reported in : AIR1983SC990; 1983(2)SCALE84; (1983)4SCC131

1. though for all practical purposes, this appeal had become futile and inconsequential by sheer lapse of time, some; life came to be infused into it because of a subsequent development which prompted the learned advocate to move this court for hearing the appeal. the judgment dated august 9, 1983 in civil appeal no. 952 of 1975. development and the event would be referred to at the relevant places in course of the judgment.2. a disciplinary enquiry was initiated against appellant narendra singh, advocate on the roll of the bar candy of uttar pradesh on the complaint of sh. chhotey singh and shri faqir chand. broadly stated, the allegation was that the appellant was annoyed with one sh. udaibir singh saxena, who was, at the relevant time, assistant registrar, kanungo and actuated with a desire to implicate him in a criminal case, he forged an application by ante-dating it from 6th july, 1968 to 3rd july, 1968. the application was in connection with acquisition of bhumidari rights. presumably, this led to the filing of civil suit no. 478/68 by complainant chottey singh against smt. sarbati devi wife of his real brother and his father khazan for cancellation of a gift deed alleged to have been executed by khazan in favour of smt. sarbati devi. the allegation was that taking advantage of the old age and mental infirmity of khazan, appellant narendra singh, nephew of khazan colluded with alleged donee in obtaining the gift deed. further allegation was that the appellant had .....

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Jul 29 1983 (SC)

S. Kannan and ors. Vs. Secretary, Karnataka State Road Transport Autho ...

Court : Supreme Court of India

Decided on : Jul-29-1983

Reported in : AIR1983SC1065; 1983(2)SCALE212; (1984)1SCC375; [1983]3SCR740

..... the length and breadth of the country. with a view to providing uninterrupted flow of tourist traffic, thereby expanding tourist facilities which would promote tourism in the country, a contract carriage permit with all india operation was conceived and power was conferred on the state transport authority subject to the quota prescribed by the central government for each state to ..... introduction of sub-section (7) becomes manifest from the language used therein. till the introduction of sub-section (7), the situation was that the regional transport authority can grant contract carriage permit valid for the area under its jurisdiction or when counter-signed by the state transport authority of the other state then the vehicle can be operated in that ..... view is assailed on behalf of the appellants and the writ petitioners.13. it was contended that as an elaborate procedure is prescribed for grant of stage carriage permit or contract carriage permit and that it being a prolix and time-consuming process, section 62 keeping in view the urgent or emergent need to provide transport facilities to travelling public, ..... by or for individual passengers, either for the whole journey or for stages of the journey. expression 'tourist vehicle' is defined in section 2(29 a) to mean a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as the state government may, by notification in the official gazette, specify in this behalf. the definition .....

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Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Jul 21 1983 (SC)

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Decided on : Jul-21-1983

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

..... more than one reason : (1) that it deprives the company the use of 10% of its funds even though the company is obliged to pay interest to the depositors as contracted between the parties and (2) if the rule was intended to afford some safeguard in the interest of the depositors or protect them, the protection is illusory because in winding .....

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May 05 1983 (SC)

M. RamnaraIn Private Limited and anr. Vs. State Trading Corporation of ...

Court : Supreme Court of India

Decided on : May-05-1983

Reported in : AIR1983SC786; (1983)2CompLJ163(SC); 1983(1)SCALE548; (1983)3SCC75; [1983]3SCR25

..... last hearing, before judgment, an order that) payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.21. order 20, rule 20, rule 11 makes provision for postponement of payment of a money decree and of its payment in instalments and ..... of passing the decree order that payment of the amount decree shall be postponed or shall be made by instalments, with or without interest, not withstanding anything contained in the contract under which the money is payable.(2) after the passing of any such decree the court may, on the application of the judgment-debtor, and with consent of the decree ..... always be an intentional act with knowledge. a person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract of transaction to proceed as though the stipulation or provision did not exist. waiver of this kind depends upon consent, and the fact that the .....

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May 03 1983 (SC)

Gujarat State Financial Corporation Vs. Lotus Hotels Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-03-1983

Reported in : AIR1983SC848; (1983)2CompLJ202(SC); (1983)2GLR1352; 1983(1)SCALE584; (1983)3SCC379

..... into a solemn contract in discharge and performance of its statutory duty and the respondent acted upon it, the statutory corporation can not be allowed to act arbitrarily so as to cause harm and ..... & ors. : (1979)iillj217sc the rule inhibiting arbitrary action by the government would equally apply where such corporation dealing with the public whether by way of giving jobs or entering into contracts or otherwise and it cannot act arbitrarily and its action must be in conformity with some principle which meets the test of reason and relevance.13. now if appellant entered ..... , the corporation cannot be compelled to undertake the onerous liability of financing a huge loan to one undertaking and therefore the appellant was discharged from performing its part of the contract. both the learned single judge and the division bench of the high court have concurrently held that the sanctioning of the loan by the corporation in favour of the respondent ..... situation, the first contention of mr. bhatt cannot be accepted.9. it was next contended that the dispute between the parties is in the realm of contract and even if there was a concluded contract between the parties about grant and acceptance of loan, the failure of the corporation to carry out its part of the obligation may amount to breach of .....

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