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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 4 of about 57 results (0.087 seconds)

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)

Jiwan Mal Kochar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-09-1983

Reported in : AIR1983SC1102; (1983)4SCC148

a. varadarajan, j.1. this appeal by special leave is by the appellant in letters patent appeal 119 of 1971 which was dismissed by the delhi high court. the l.p.a. was filed by the appellant against the order of a learned single judge of that high court dismissing the writ petition filed by the appellant against the order of the president of india, dated 25-1-1964 compulsorily retiring him from service with immediate effect. the appellant was an officer of the madhya pradesh cadre of the indian administrative service. the said order was passed as a result of disciplinary proceedings instituted against the appellant under the all india services (discipline and appeal) rules, 1955 in which he was found guilty of the whole of charge no. 7 and a part of charge no. 9.2. the appellant, born on 21-1-1912, joined service in the erstwhile gwalior state on 10-1-1938 and later came into the indian administrative service. he was appointed as general manager of the madhya bharat roadways of the madhya pradesh government on 18-8-1954 and he continued as such up to 8-1-1956 in which spell he functioned also as director of industries of the state from 14-5-1956 to 8-6-1956. he had worked as general manager of the same roadways again for a second spell from 5-8-1957 to 1-9-1958. during the period he was no! working as general manager of the roadways an investigation was started against him at the instance of the works manager of the roadways and it disclosed certain irregularities committee .....

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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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Aug 08 1983 (SC)

B. Venkata Reddy and ors. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Decided on : Aug-08-1983

Reported in : AIR1983SC1108; 1983(2)SCALE241; (1984)1SCC645; [1983]3SCR545; 1983(2)SLJ258(SC)

a. varadarajan, j.1. these appeals by special leave are directed against the judgments of the andhra pradesh administrative tribunal, hyderabad in representation petitions 595 of 1977 and batch and transferred writ petition 941 of 1976. c. as. nos. 1652 to 1659 of 1978 have been filed against the common judgment dated 31.8.1978 in representation petition 595 of 1977 and batch in which common issues arose for consideration while ca. no. 415 of 1979 has been filed against the separate judgment, dated 31.8.1978 in transferred writ petition 941 of 1976. all these appeals by the petitioners before the tribunal were heard together in this court and will be disposed of by a common judgment.2. the main judgment of the tribunal in representation petition 595 of 1977 and batch is in representation petition 595 of 1977 in accordance with which the other representation petitions in the batch have been disposed of as stated elsewhere in this judgment. representation petition 595 of 1977 was filed by seven petitioners of whom petitioners nos. 1 to 6 were working as principals of junior colleges at various places while the seventh petitioner was working as a junior lecturer in government college, srikakulam in andhra pradesh and claimed to be ripe for promotion as principal of junior college on the basis of his original seniority among junior lecturers. we will refers to the parties in these appeals as arrayed before the tribunal for the sake of convenience.3. the seven petitioners in .....

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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 23 1983 (SC)

A.K. Jha and anr. Vs. Vice-chancellor, Jawaharlal Nehru University, Ne ...

Court : Supreme Court of India

Decided on : May-23-1983

Reported in : AIR1983SC1128; 1983(2)SCALE396; (1984)1SCC119; 1984(16)LC57(SC)

order1. these writ petitions nos. 5310 and 5311 are by two students, ajit kumar jha and neeraj sinha of the jawaharlal nehru university, ajit kumar jha is stated to be a student of m.a. ivth. semester and neeraj sinha is stated to be a terminal m.a. student studying for seminar papers. in the writ petitions the notification dated 11. 5. 1983 and circular dated 12.5.1983 asking the students to vacate the hostel rooms within 48 hours of 14th may 1983 are challenged. this notification and the circular were challenged in the high court of delhi and the high court passed an interim order directing the students to submit their representations to the authorities for consideration to stay in the hostel and directed the university authorities to consider those applications. the two petitioners in these writ petitions also made representations. ajit kumar jha has stated in his representation that his admission process for m. phil in the oxford university is going on and he has given his hostel address for the purpose and has to undergo medical examination in the british high commission and therefore his stay in the hostel room is necessary. neeraj sinha has stated in his application that he is a terminal m.a. student studying for seminar papers and is also engaged in preliminary studies for m. phil. he has further stated that he has to appear for the upsc examination in delhi in june 1983 and has no local guardian at delhi or means to hire any room at delhi and he should, therefore, be .....

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May 06 1983 (SC)

Hoechst Pharmaceuticals Ltd. and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-06-1983

Reported in : AIR1983SC1019; [1985]154ITR64(SC); 1983(1)SCALE723; (1983)4SCC45; [1983]3SCR130; [1984]55STC1(SC)

..... showing the price at which they sell to the retailers as also the retail price, both inclusive of excise duty. it appears therefrom that one of the terms of their contract is that sales tax and local taxes will be charged wherever applicable.5. these appellants have also placed on record their orders of assessment together with notices of demand, for .....

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May 06 1983 (SC)

Shiv Dutt Rai Fateh Chand and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : May-06-1983

Reported in : AIR1984SC1194; [1984]148ITR664(SC); 1983(1)SCALE590; (1983)3SCC529; [1983]3SCR198; [1983]53STC289(SC)

e.s. venkataramiah, j.1. the petitioners in these two batches of petitions filed under article 32 of the constitution have questioned the constitutional validity of sub-section (2-a) of section 9 of the central sales tax act, 1956 (act no. 74 of 1956} (hereinafter referred to as 'the act') as amended by the central sales tax (amendment) act, 1976 (act no. 103 of 1976) (hereinafter referred to as 'the amending act') and section 9 of the amending act validating the levy of penalties under the act with retrospective effect.2. the petitioners are dealers under the act having their places of business in the states of maharashtra, haryana, etc.3. for the purpose of understanding the points of dispute raised in these cases, it is necessary to deal with the history of the legislation relating to taxes on inter-state sales and purchases of goods during the post constitution period. under entry 54 of list ii of the seventh schedule to the constitution, the power to levy tax (in sale or purchase of good other than newspapers was assigned to the state legislature. the power to levy taxes on the sale or purchase of newspapers and on advertisements published therein was, however, assigned to parliament under entry 92 of list i of the seventh schedule to the constitution. article 286 (as it was originally enacted) of the constitution which imposed certain restrictions on a state in the matter of levy of tax on the sale or purchase of goods read as follows:286. (1) no law of a state shall .....

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