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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 2004 Page 11 of about 118 results (0.091 seconds)

Feb 27 2004 (SC)

National Aluminium Co. Ltd. Vs. Gerald Metals Sa

Court : Supreme Court of India

Decided on : Feb-27-2004

Reported in : 2004(5)ALT3(SC); 2004(1)ARBLR396(SC); 2004(2)AWC1783(SC); (2004)2CompLJ34(SC); JT2004(3)SC189; RLW2004(2)SC193; 2004(2)SCALE770; (2004)9SCC307

n. santosh hegde, j.1. heard learned counsel for the parties.2. leave granted.3. this appeal arises out of a dispute between the parties to this appeal which under an agreement between the parties has to be referred to arbitration as contemplated under clause 26 of the agreement between the parties.4. pending disposal of the said dispute by the arbitrators the respondent herein moved an application under section 9(d) of the arbitration and conciliation act, 1996 praying for the grant of ex parte injunction restraining the appellant herein from transferring or alienating the earmarked alumina lying in the appellant's silos in vishakapatnam port area to any party other than the respondent herein.5. the said application was opposed by the appellant herein on various legal and factual grounds including the maintainability of the application as also the jurisdiction of the trial court to make any interim order under the said provision of the act. 6. the trial court after hearing the parties however considered it appropriate to make the following interim order :'in the result the application is allowed and the respondent shall allow the despatch of cargo to the petitioner immediately on payment of original price to the respondent, and on providing bank guarantee for the difference of price agreed between the petitioner and the respondent and the price on which alumna is being sold in the international market at the latest, and the security shall lie with the court and the party .....

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Feb 27 2004 (SC)

Commissioner of Central Excise, Lucknow, U.P. Vs. Chhata Sugar Co. Ltd ...

Court : Supreme Court of India

Decided on : Feb-27-2004

Reported in : 2004(92)ECC457; 2004(165)ELT369(SC); JT2004(3)SC167; (2004)3SCC466

..... not being refundable on any account whatsoever) allowed in accordance with the normal practice of the wholesale trade at the time of removal in respect of such goods sold or contracted for sale. explanation. - for the purposes of this sub-clause, the amount of the duty of excise payable on any excisable goods shall be the sum total of- (a) the ..... sugar factory to sell or supply in the prescribed manner such quality of molasses to such person, as may be specified in the order, and the occupier shall, notwithstanding any contract, comply with the order. (2) the order under sub-section (1) - (a) shall require supply to be made only to a person who requires it for his distillery or for ..... to sell or supply such quantity of molasses to such person(s) as may be specified in his order and the sugar factory shall comply with the order notwithstanding any contract to the contrary. however, section 8(2) makes it clear that such supply of molasses shall be made only to a person who requires it for ms distillery or for .....

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Feb 26 2004 (SC)

Bareilly Development Authority Vs. Vrinda Gujarati and ors.

Court : Supreme Court of India

Decided on : Feb-26-2004

Reported in : AIR2004SC1749; 2004(4)AWC3444(SC); 2004(1)CTC785; 2004(1)CTLJ588(SC); JT2004(3)SC83; 2004(2)SCALE719; (2004)4SCC606; (2004)2UPLBEC1098

..... self financing scheme wherein the allottees were to pay the cost of the flats in quarterly instalments. the parties are bound by the terms of the contract in regard to the payment of the original cost of the flats as per the agreement.27. for the foregoing reasons, the present appeal filed by ..... the appellant, it is fully in the competence of the authority to recover the same. the parties to this action are bound by the terms of the contract.15. this court in its judgment in the case of bareilly development authority and anr. v. ajai pal singh and ors., : [1989]1scr743 has ..... allot flats to the poor citizens who are unable to construct houses on their own. it was further contended that the terms and conditions of the contract as well as the undertaking given by the respondents are not voluntary and that the respondents who are weaker sections of the society were forced to ..... for the appellant made the following submissions:(i) there has been no application of mind by the high court to the terms and conditions of the contract entered into between the bda and the respondents and the high court has ignored totally the law in regard to such cases as laid down by this ..... to their detriment. this court further held that once the respondents have entered into the realm of concluded contract pure and simple with the authority they cannot step out of the terms of the contract unless some statute steps in and confers some special statutory obligations on the authority in the contractual field.16 .....

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Feb 26 2004 (SC)

Collector of Central Excise, Patna Vs. Tata Iron and Steel Co. Ltd.

Court : Supreme Court of India

Decided on : Feb-26-2004

Reported in : 2004(2)BLJR1397; 2004(2)CTC55; 2004(92)ECC257; 2004(165)ELT386(SC); JT2004(3)SC66; 2004(1)KLT1050(SC); (2004)3MLJ52(SC); 2004(2)SCALE760; (2004)9SCC1

a.c. lakshmanan, j.1. in these appeals, we are concerned with the question of levy of excise duty on zinc dross and flux skimming arising during galvanization of steel sheets.brief facts of the case:2. during galvanization of steel sheets, zinc dross and flux skimming arises which the respondent/assessee has declared as by- product in their product manual published by the marketing division for information of customers. it has been alleged that zinc dross and flux skimming are being sold by the assessee to various customers without making any declaration in the classification list, without paying any duty on clearance of the above product and without maintaining any records prescribed under the central excise rules, 1944 besides showing them as non-excisable in their despatch advices. according to the department, the assessees have cleared the goods without payment of duty and thus evaded duty in contravention of the central excise rules, 1944 and in doing so they did not obtain central excise licence for manufacture of zinc dross and flux skimming as required under rule 174 of the central excise rules, 1944 inasmuch as they have suppressed the production and removal of the said goods with intent to evade payment of duty.case for the department:3. a show cause notice was issued to the assessee to show cause why a penalty should not be imposed on them under the provisions of the central excise rules, 1944, and why the duty be not demanded under rule 9 (2) of the central excise .....

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Feb 26 2004 (SC)

Manik Lal Majumdar and ors. Vs. Gouranga Chandra Dey and ors.

Court : Supreme Court of India

Decided on : Feb-26-2004

Reported in : (SCSuppl)2004(3)CHN113; JT2004(3)SC102; 2004(2)SCALE783; (2004)12SCC448

..... 20 of the act to the extent they are relevant for the immediate purpose: -'12. eviction of tenants - (1) notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted excepted in accordance with the provisions of this act.provided that nothing contained in this section shall apply to a tenant whose landlord is .....

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Feb 12 2004 (SC)

Secretary, Department of Excise and Commercial Taxes and ors. Vs. Sun ...

Court : Supreme Court of India

Decided on : Feb-12-2004

Reported in : (SCSuppl)2004(3)CHN91; JT2004(2)SC570; 2004(2)SCALE435; (2004)3SCC185

..... from celestial/natural calamities and for other reasons: - no contractor shall be entitled to get compensation whatsoever from the state for the loss suffered as a result of loss in contract business, damages to crop or political movements, transfer of markets or natural calamities.'34. keeping in view the aforementioned provisions, the correctness of the impugned judgment would have to be ..... and no objection whatsoever from the contractor shall be entertained and accepted and no compensation whatsoever or any rebate/concession whatsoever shall be payable objector. if during the period of contract, contractor suffers from any loss or damage whatsoever as a result of natural calamity, celestial problem or political demonstrations, public demonstration, movements, law and order problems, the contractor shall not ..... passed in writ petition no. 6021 of 2000 granting exemption from payment of licence fee is in question before us in this appeal.2. the respondent herein was awarded a contract for running indian made foreign liquor shops in the district of raipur for the period commencing 1.4.2000 to 31.3.2001. although the ..... contract was to commence from 1.4.2000, he had been handed over the licence on 3.4.2000.3. the respondent claimed deduction by way of remission and/or compensation .....

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Feb 10 2004 (SC)

Aman Kumar and anr. Vs. State of Haryana

Court : Supreme Court of India

Decided on : Feb-10-2004

Reported in : AIR2004SC1497; 2004(1)ALD(Cri)757; 2004CriLJ1399; JT2004(2)SC274; 2004(2)SCALE356; (2004)4SCC379

arijit pasayat, j.1. two appellants faced trial for having allegedly committed rape on a girl of tender age whose name need not be indicated and she can be described as the victim or the prosecutrix. the trial court found the accused persons guilty of offence punishable under section 376(2)(g) of the indian penal code, 1860 (in short the 'ipc'). they were each sentenced to undergo imprisonment for 10 years and to pay a fine of rs. 500/- each with default stipulation. in appeal, the conviction and sentence were upheld.2. prosecution version in a nutshell is that on 5.8.1993 the prosecutrix had gone to the field to ease herself at about 10.00 a.m. when she had reached near the field, the accused persons caught hold of her right arm and dragged her forcibly to the field. accused shiv dayal shut her mouth with her chuni and both the accused persons thereafter forcibly raped her. they threatened to kill her if she told about the incident to anybody. she went to her house weeping and narrated the incident to her mother. one karan singh had seen the accused persons going away from the field. since the father (pw-11) and brother of the prosecutrix were not at home the mother (pw-9) described the incident to a member of the panchayat (pw-12). report was lodged with police on 7.8.1993. investigation was undertaken. the prosecutrix was medically examined and the accused persons after arrest were also medically examined. after completion of investigation, charge sheet was filed for .....

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Jan 27 2004 (SC)

Smt. Krishna Kanwar @ Thakuraeen Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-27-2004

Reported in : 2004(91)ECC545; JT2004(1)SC597; 2004(2)SCALE22; (2004)2SCC608; 2004(2)LC826(SC)

arijit pasayat, j. 1. originally three appeals were filed against the common judgment of the rajasthan high court, jodhpur, whereby three appeals were disposed of. during the pendency of criminal appeal no. 51/2003, the appellant shamshuddin died and by order dated 20.1.2004 the appeal has been dismissed having abated. the consideration, therefore, is restricted to other two appeals i.e. criminal appeal nos. 52/2003 and 53/2003.2. of the two appeals one has been filed by convict-accused smt. krishna kanwar i.e. crl. appeal no. 53 of 2003 and the other appeal has been filed by the state of rajasthan (crl. appeal no. 52 of 2003) questioning the acquittal of accused mangi lal and nathu singh, as directed by the trial court and upheld by the high court. initially, seven persons were treated to be accused persons. four of them, namely, shamshuddin. smt. krishan kanwar, mangi lal and nathu singh were tried by district and sessions judge, pratapgarh, who found accused shamshuddin and smt. krishna kanwar guilty of offences punishable under sections 8 and 21 of the narcotic drugs and psychotropic substances act, 1985 (in short 'the act') and sentenced each to undergo rigorous imprisonment for 14 years and to pay a fine of rs. 2 lakh with default stipulation. nathu singh and mangi lal (a-6 and a-7) respectively, were acquitted.3. prosecution case as unfolded during trial is as follows:prassan kumar khamesara (pw-16), dy. s.p. chhoti sadri received information at about 8.30 p.m. on 5.7. .....

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Jan 23 2004 (SC)

Union of India (Uoi) Vs. Naveen Jindal and anr.

Court : Supreme Court of India

Decided on : Jan-23-2004

Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)

v.n. khare, c.j. 1. leave granted in the s.l.p.2. in these appeals a short but an important question that arises for consideration is whether the right to fly the national flag by indian citizen is a fundamental right within the meaning of article 19(1)(a) of the constitution of india.3. naveen jindal, the respondent herein, is a joint managing director of a public limited company incorporated under the companies act. he being in charge of the factory of the said company situated at raigarh in madhya pradesh was flying national flag at the office premises of his factory. he was not allowed to do so by the government officials on the ground that the same is impermissible under the flag code of india.4. questioning the said action, the respondent filed a writ petition before the high court, inter alia, on the ground that no law could prohibit flying of national flag by indian citizens. flying of national flag with respect and dignity being a fundamental right, the flag code which contains only executive instructions on the government of india and, thus, being not a law, cannot be considered to have imposed reasonable restrictions in respect thereof within the meaning of clause (2) of article 19 of the constitution of india5. before the high court, the appellant-union of india raised the following contentions :'1. that the central government is authorised to impose restrictions on the use of national flag at any public place or building and can regulate the same by the authority .....

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Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... rules framed thereunder and not on thebasis of any state act as the same would come within the term mineraldevelopment. royalty ordinarily, although conceptualizes a contract betweenparties, but as by way of the 1957 act a statutory mining lease is granted;and the terms and conditions thereof would be governed by statutes ..... own purposes, but enabled it to come to the rescue of the states. wemay point to the gifts tax act, 1958, the tax on building contracts eventhough no sale is involved in them; a collection of annuity deposits underthe income-tax act, 1961, chapter xxii-a inserted by section 44 of thefinance ..... no doubt, in a sensebut in a very remote sense, it has relationship to mining as also to themineral won from the mine under a contract by which royalty is payable onthe quantity of mineral extracted, but that, does not stamp it as a tax oneither the extraction of the mineral ..... the government where the lease is in respect of the land in which minor minerals vest inthe government. royalty thus has its basis in the contract. for payment to the owner of the minerals for the privilege of extracting the minor minerals computed on the basis of the quantity actually extracted ..... for permitting another to exploit and use property. the word "royalty" means compensation paid to landlord by occupier of land for species of occupation allowed by contract between them. "royalty" is a share of the product or profit (as of a mine, forest, etc.) reserved by the owner for permitting another .....

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