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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 3 of about 57 results (0.366 seconds)

Apr 28 1983 (SC)

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

..... under a particular bargain the rights of the parties were extinguished that would be permissible, that will not hit the provisions of section 28 of contract act and as such would not be violative of section 23 of the said act. but if rights are not extinguished but only the remedies ..... thereon unless commenced within twelve months next after the fire. it was held by the judicial committee that having regard to the true construction of the contract, which had carelessly purported to include many conditions inapplicable to reinsurance, the above clause must also be regarded as inapplicable. such a clause is ..... that the act was passed, not only to limit the liability of the carriers, but also to declare the liability of the carriers. therefore, any contract or bargain which seeks to defeat the liability of the carriers as enacted by law, would, in our opinion, defeat the provisions of the act. ..... to avoid the liability contemplated under section 10 of the carriers act, 1865 and that too in a situation where the parties had not by express contract limited their liability as contemplated under section 6 of the carriers act. it appears to us, therfore, that the learned judge of the andhra ..... unless a particular claim was made in a particular manner within a particular time. in this case there was neither any extinguishment of liability or contracting out of liability but only a special period of limitation of notice was provided other than section 10 of the carriers act, 1865.14. section .....

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Apr 28 1983 (SC)

Municipal Corporation of Delhi and ors. Vs. Mohd. Yasin

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1983SC617; (1983)37CTR(SC)133; [1983]142ITR737(SC); 1983(1)SCALE492; (1983)3SCC229; [1983]2SCR999

..... contexts and times. and, it is worthwhile remembering that words and phrases have not only a meaning but also a content, a living content which breathes, and so, expands and contracts. this is particularly so where the words and phrases properly belong to other disciplines. 'tax' and 'fee' are such words. they properly belong to the world of public finance but .....

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Apr 22 1983 (SC)

State of Punjab Vs. Dial Chand Gian Chand and Company

Court : Supreme Court of India

Decided on : Apr-22-1983

Reported in : AIR1983SC743; 1983(1)SCALE420; (1983)2SCC503

..... conclusion. the high court could not have converted writ petition into a suit for recovery of damages and that too without recording a finding that there was any breach of contract. we are satisfied that the high court was in error in granting the relief.11. accordingly, this appeal is allowed and the judgment and order of the high court is ..... a direction for closing down the liquor vend at gulwati cannot be issued, it was not open to the high court to work out for itself and re-write the contract between the parties. the respondent was under an obligation to pay the amount of the bid. the high court gives remission to the respondent on an untenable ground that presumably .....

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Apr 15 1983 (SC)

Hindustan Milkfood Manufacturers Limited Vs. Director of Entry Tax, We ...

Court : Supreme Court of India

Decided on : Apr-15-1983

Reported in : AIR1983SC586; (1983)2CompLJ209(SC); 1983(1)SCALE390; (1983)3SCC1; [1983]2SCR754

1. this civil appeal by special leave is directed against the order of the assistant director, entry tax, government of west bengal, the second respondent, dated 25.9.1979 dismissing the case of the appellant hindustan milkfood manufacturers limited in appeal case no. 3970 h of 1976.77. the appeal was filed under section 27 of taxes on entry of goods into calcutta metropolitan area act, 1972 (hereinafter referred to as the 'act of 1972') against the assessment of entry tax made in form v no. d-983001 at the hussenabad road check post in respect of 8736 kgs. of horlicks powder contained in 18 steel drums on the 'best judgment assessment' basis with reference to the sale price of product within the calcutta metropolitan area. the appellant is a public limited company incorporated under the companies act, 1956 having its registered office at patiala road, nabha. the company is engaged in the manufacture and sale of dairy products including the milk food popularly known as horlicks. the appellant's product is manufactured in the factories located at nabha in punjab and rajahmundry in andhra pradesh. the product is transported in bulk in several steel drums containing 182 kgs. each. the appellant showed the value of the aforesaid 8736 kgs. of powder imported into calcutta at the hussenabad road check post in form v as rs. 1,22,304.00 working out to rs. 14.00 per kg. the appellant's contention was that the value as per stock transfer invoice is rs. 5.891 per kg. and the delivered .....

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Feb 02 1983 (SC)

State of Punjab Vs. Mohinder Singh

Court : Supreme Court of India

Decided on : Feb-02-1983

Reported in : 1983(1)Crimes735(SC); 1983(1)SCALE112a; (1983)2SCC274

order1. the appellant has been convicted under section 302 ipc and sentenced to imprisonment for life. he has also been convicted under section 25 and 27 of the arms act and sentenced to three months rigorous imprisonment. after going through the evidence of the two doctors it is clear that the accused was suffering from schizophrenia which is one form of insanity. the doctor had examined accused a little before as also a little after the occurrence and he was found insane the detailed reasons given by both dr. harbans lai and dr. rim kumar have been corroborated by each other. from the evidence also it is clear that he was talking in a very unusual manner saving things to the effect that he had seen lord shiva in front of him and the like. it cannot be said that the finding of the high court was wrong in view of these circumstances we are not in a position to take a different view particularly when the appellant was suffering from schizophrenia. the appeals are accordingly dismissed.

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Jan 20 1983 (SC)

Sanjit Roy Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-20-1983

Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271

..... not willingly but as a result of force or compulsion and the same would be the position even if forced labour supplied by a person has its origin in a contract of service. the court then considered whether there would be any breach of article 23 when a person provides labour or service to the state or to any other person .....

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Oct 04 1983 (SC)

K.L. Tripathi Vs. State Bank of India and ors.

Court : Supreme Court of India

Decided on : Oct-04-1983

Reported in : AIR1984SC273; [1984(48)FLR38]; 1983LabIC1680; (1984)ILLJ2SC; 1983(2)SCALE587; (1984)1SCC43; [1984]1SCR184; 1983(2)SLJ623(SC)

..... against him. secondly, he submitted that even if the rules had no statutory force and even if the party had bound himself by the contract, as he had accepted the staff rule, there cannot be any contract with a statutory corporation which is violated of the principles of natural justice in matters of domestic enquiry involving termination of service of an employee ..... the principles of natural justice.25. in this connection it may be mentioned that if the rules were not statutory but merely contract between the parties, one of the points urged before us was that can a party contract on a basis different from the principles of natural justice it may be mentioned further that the said rules came into effect from .....

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Sep 23 1983 (SC)

Deena Alias Deen Dayal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-23-1983

Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; [1984]1SCR1

y.v. chandarchud, c.j. 1. in this batch of writ petitions, the petitioners were sentenced to death for the offence of murder under section 302 of the penal code. they have nothing in common except that they committed murders and have been sentenced to death. the sentence of death imposed upon them has become final in the sense that the special leave petitions, appeals, review petitions and mercy petitions filed by them have been dismissed, some of these more than once. the main question which has been raised by the petitioners in these writ petitions relates to the validity of the mode of execution of the death sentence.2. section 354(5) of the crpc provides that:when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.the petitioners challenge the constitutional validity of this provision on the ground that hanging a convict by rope is a cruel and barbarous method of executing a death sentence, which is violative of article 21 of the constitution that article provides that :no person shall be deprived of his life or personal liberty except according to procedure established by law.3. the validity of death sentence which section 302 prescribes for the offence of murder was upheld by this court in bachan singh. : 1980crilj636 .the ratio of that decision is that the normal sentence for murder is life imprisonment and that the sentence of death can be imposed in a very exceptional class of cases, described in that judgment as .....

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Sep 12 1983 (SC)

State of Haryana and ors. Vs. Jage Ram and ors.

Court : Supreme Court of India

Decided on : Sep-12-1983

Reported in : AIR1983SC1207; 1983(2)SCALE285; (1983)4SCC556; [1983]3SCR917

..... the original auctions and the amounts which they were liable to pay under the original auctions and the amounts which were fetched by the re-grant of licences by private contracts.20. the aforesaid discussion will show that the appeals filed by the state of haryana succeed to the extent that the state government has the power to levy the charge ..... was abandoned after the auction had commenced but the proceedings were not adjourned even for a few days in order to publicise the intention to' resell the vends by private contract. the excise authorities could not have abruptly decided to jettison the original intention of holding a public auction and grant licences by private negotiations on the spur of the moment ..... due publicity given to the decision to grant licences by private negotiations. by rule 36(24), power has been conferred to resell a vend by public auction or by private contract. but this latter power has to be exercised with great care and circumspection. public auction has to be the normal mode of selling public property. it is open to public ..... liquor licence rules, 1956 as amended by the notification dated march 31, 1967 says that when [a licence is cancelled, it may be resold by public auction or by private contract in accordance with the procedure laid down in the other clauses of rule 36. clause (3) of rule 36 runs thus :36(3)-the collector will give timely notice of .....

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Sep 06 1983 (SC)

Sreenivasa General Traders and ors. Vs. State of Andhra Pradesh and or ...

Court : Supreme Court of India

Decided on : Sep-06-1983

Reported in : AIR1983SC1246; 1983(2)SCALE422; (1983)4SCC353; [1983]3SCR843

..... the daily prices and information regarding the stock, arrivals and despatches of agricultural produce. it has provided a grading unit where the technique of grading agricultural produce is taught. the contract from for purchase and sale is standardized. the provisions of the act and the rules are enforced through inspectors and other staff appointed by the market committee. the fees charged ..... any lawful trade or calling as and where he wills; and the law has always regarded jealously any interference with trade, even at the risk of interference with freedom of contract, as it is public policy to oppose all restraints upon liberty of individual action which are injurious to the interests of the state.17. the fundamental right of all citizens .....

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