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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 5 of about 57 results (0.091 seconds)

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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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)

Malwa Bus Service (Private) Limited and ors. Vs. State of Punjab and o ...

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1983SC634; 1983(1)SCALE534; (1983)3SCC237; [1983]2SCR1009

..... in classifying motor vehicles for purposes of taxation. the reasons given by this court in g.k. krishnan's case (supra) for upholding the classification made between stage carriages and contract carriages both of which are engaged in carrying passengers are not relevant to the case of a classification made between stage carriages which carry passengers and public carriers which transport .....

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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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Mar 31 1983 (SC)

M. Karunanidhi Vs. Dr. H.V. Hande and ors.

Court : Supreme Court of India

Decided on : Mar-31-1983

Reported in : AIR1983SC558; 1983(1)SCALE344; (1983)2SCC473; [1983]2SCR629

1. these appeals by special leave and the connected special leave petitions from the judgment and orders of the high court of madras raise the same question and therefore they are disposed of by this common judgment. in civil appeal no. 38 (nce) of 1981, there is a further question involved.2. the facts are more or less similar in all these appeals, except that in civil appeal no. 38(nce) of 1981 there are certain additional facts. it will suffice for our purposes to set out the facts giving rise to that appeal.3. at the last general election to the state legislative assembly of tamil nadu from the anna nagar assembly constituency no. 8 held in may 1980, the appellant, m. karunanidhi, leader of the dravida munnetra kazhagam party, contested as a candidate of that party and secured 51290 votes. as against this, the respondent dr. h.v. hande sponsored as a candidate by the all india anna dravida munnetra kazhagam secured 50591 votes. on june 1, 1980 the appellant, m. karunanidhi, was consequently declared elected by a margin of 699 votes. the last date for filing an election petition to challenge his election was july 16, 1980. on july 14, 1980 the respondent, dr. h.v. hande, filed an election petition under section 81 read with section 100 of the representation of people act 1951 (for the sake of brevity hereinafter referred to as 'the act') challenging the election of the appellant on various grounds. the election petition was accompanied by a pre-receipted challan prepared .....

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Mar 11 1983 (SC)

Om Prakash and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Mar-11-1983

Reported in : AIR1983SC431; 1983CriLJ831; 1984(1)Crimes804(SC); 1983(1)SCALE245; (1983)2SCC358; [1983]2SCR564

1. these appeals by special leave are directed against the dismissal of criminal appeals nos. 1918 and 1923 of 1963 by a division bench of the allahabad high court. those appeals in the high court were filed against the conviction of nine accused persons, om prakash (a-1), anoop singh (a-2), sheo gopal (a-3), raj narain (a-4), chandra prakash (a-6), mool chand (a-12), beni singh (a-16) ram pal (a-17) and lajjar ram alias raja ram (a-18) under section 396 i.p.c. and the sentence of imprisonment for life awarded to them by the learned sessions judge, kanpur etawah at kanpur in sessions trial no. 172 of 1969, in which in all 18 accused persons were tried. the trial court acquitted the other nine accused, bhoop singh (a-5), virendra (a-7), ramadhin (a-8), ranjit (a-9), chhotay lal (a-10), chunni lal (a-11), bhanu prakash (a-13), dhani ram (a-14) and ram gopal (a-15) in the alleged dacoity with murder at the house of mauji lal, pradhan in makhauli village, at about 1. a.m. in the night of 16/17.2.1968. in that incident mauji lal died and his wife ram shree (p.w. 2), parasuram (p.w. 7) and p.w. 2's brother ram shankar (p.w. 8) are stated to have sustained injuries.2. the case of the prosecution was this: there was enmity between the deceased pradhan mauji lal and his brother baij nath (p.w. 1) on one hand and the appellants on the other ever since the deceased mauji lal, fought an election battle in 1955 with mauji lal, the father of om prakash (a-1) and bhagwati prasad, the father .....

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Feb 24 1983 (SC)

Rameshwar Prasad and ors. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Decided on : Feb-24-1983

Reported in : AIR1983SC383; 1983(1)SCALE152; (1983)2SCC195; [1983]2SCR418

..... that it was in public interest to grant stage carriage permits (except) in respect of routes or areas for which schemes have been published under section 68(c) or contract carriage permits or public carrier permits to all eligible applicants it may issue appropriate directions as stated therein. that sub-section contained a clear legislative policy which considered that ..... government was by notification no. 1188-t/xxx-4, dated march 30, 1972, pleased to direct that stage carriage permits (except in respect of routes or areas aforesaid) contract carriage permits and public carrier permits shall be granted according to the provisions of the said act to all eligible applicants:and whereas, on further consideration the state government is ..... it is in the public interest to grant stage carriage permits (except in respect of routes or areas for which schemes have been published under section 68(c) or contract carriage permits or public carrier permits to all eligible applicants, it may by notification in the gazette issue a direction accordingly, and thereupon all transport authorities as well as ..... the official gazette, issue directions to the state transport authority:(i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and public carriers; (ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long-distance goods traffic .....

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