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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 2 of about 118 results (0.181 seconds)

Oct 01 2004 (SC)

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Decided on : Oct-01-2004

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

..... by reason of breaches of the terms and conditions thereof by one of the parties it becomes voidable at the instance of the other party to the contract. if a contract is valid in law the breaches thereof would not render it invalid but the same may only enable a party thereto, who had suffered by reason of ..... gujarat electricity board whereupon mr. venkataramani, relied, observed :'the central legislature was, therefore, fully alive to the situation that an apprentice, undergoing an apprenticeship training under an apprenticeship contract duly registered, would be only a 'trainee' and not a 'workman', to which other laws in respect of labour shall not apply. therefore, in including, in the definition ..... and instructional classes regularly; (c) to carry out all lawful orders of his employer and superiors in the establishment; and (d) to carry out his obligations under the contract of apprenticeship. (2) every graduate or technician apprentice or technician (vocational) apprentice undergoing apprenticeship training shall have the following obligations, namely:- (a) to learn his subject field ..... staff, possessing such qualifications as may be prescribed for imparting practical and theoretical training and facilities for trade test of apprentices; and to carry out his obligations under the contract of apprenticeship.' 22. section 12 deals with the obligations of apprentices which reads as under: '12. obligations of apprentices (1) every apprentice undergoing apprenticeship training shall .....

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Sep 28 2004 (SC)

State of Rajasthan and anr. Vs. J.K. Udaipur Udyog Ltd. and anr.

Court : Supreme Court of India

Decided on : Sep-28-2004

Reported in : JT2004(8)SC137; 2004(8)SCALE288; (2004)7SCC673; [2004]137STC438(SC)

ruma pal, j.1. a scheme was framed by the first appellant granting exemption to industrial units from payment of sales tax on intra-state and inter-state sale of goods and by-products manufactured within the state of rajasthan. by a subsequent notification the extent of the percentage of exemption available to sick industries was sought to be corrected. the disputes in these appeals relate to the interpretation of the scheme and the effect of the corrigendum.2. the scheme was part of the new 4th industrial policy of the state. the policy stated that the object of the scheme was to make rajasthan 'a most favoured destination for industries' and to encourage the setting up of industries in the state. the policy describes the nature of the exemptions which were sought to be granted to the different kinds of industries with exemption/ deferment incentives for 11 years in respect of some industries and 14 years for others. a greater incentive was granted to industries being set up in the five industrial growth centers in the state. the incentives available during the first year were to be gradually tapered off to a particular percentage of the fixed capital investment at different rates in respect of some industries. however, in respect of cement industries the percentage of exemption proposed was at a flat rate of 25% for 11 years. according to the policy the scheme would also give benefits for the first time to sick units. the sick units were classified into two categories as .....

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Sep 27 2004 (SC)

M.P. Electricity Board Vs. Hariram Etc.

Court : Supreme Court of India

Decided on : Sep-27-2004

Reported in : 2004(4)AWC3229(SC); JT2004(8)SC98; (2004)IIILLJ1144SC; 2004(8)SCALE320; (2004)8SCC246

n. santosh hegde, j.1. the appellant-m.p. electricity board in these appeals question the correctness of the judgment of the high court of judicature at jabalpur whereby the high court dismissed its writ petitions challenging the order of the industrial court, bhopal bench which in turn had directed to re-instate the respondents herein with 50% back wages.2. facts necessary for the disposal of these appeals are as follows:the respondents herein were engaged by the appellant- board on daily wages for the purpose of digging pits for erecting electric poles. it is the case of the appellant that on completion of the said project of drawing electric lines from point to point, the employment of the respondents was terminated and whenever a similar occasion arose for digging pits they were re-employed on daily wages. hence their employment was not permanent in nature nor in any one of the cases the respondents had completed 240 days of continuous work in any given year. the said project jobs have come to an end in 1991 and respondents were never re-employed by the board.3. being aggrieved by the said non-employment, the respondents herein filed applications under section 31 read with section 61 of the m.p. industrial relations act (m.p. act) in january, 1993 before the labour court, bhopal seeking permanent employment under the board, primarily on the ground that they have completed 240 working days in a year and their discontinuation of service amounted to retrenchment without .....

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Sep 24 2004 (SC)

United India Insurance Co. Ltd. Vs. Harchand Rai Chandan Lal

Court : Supreme Court of India

Decided on : Sep-24-2004

Reported in : 2005ACJ570; 2004(6)ALD112(SC); 2004(5)ALLMR(SC)1217; 2004(4)AWC3389(SC); 2004(52)BLJR2016; (2004)4CompLJ443(SC); IV(2004)CPJ15(SC); [2004(4)JCR101(SC)]; JT2004(8)SC8; 2004(

..... reported in : air1999sc3252 an insurance was taken out under the motor vehicles act, 1988 in which their lordships' observed :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms of the agreement have ..... content of the definition given in the criminal law does not lay down the correct proposition of law. it is settled law that terms of the policy shall govern the contract between the parties, they have to abide by the definition given therein and all those expressions appearing in the policy should be interpreted with reference to the terms of policy ..... where there were some 'visible marks' or 'visible evidence' of the use of force or violence. it is generally competent for an insurer to insert such a clause in the contract of insurance, and since such a provision is unambiguous it does not justify the applicable of the general principle that the insurance policy will be construed most favourable to the ..... insurance under the standard policy for fire and extended to cover flood, cyclone etc. had come into being.'14. therefore, it is settled law that the terms of the contract has to be strictly read and natural meaning be given to it. no outside aid should be sought unless the meaning is ambiguous.15. from the above discussion, we are .....

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Sep 24 2004 (SC)

Haryana Urban Development Authority Vs. Raj Rani

Court : Supreme Court of India

Decided on : Sep-24-2004

Reported in : IV(2004)CPJ27(SC); 2004(8)SCALE214; (2005)9SCC536

s.n. variava, j.1. before this court a large number of appeals have been filed by the haryana urban development authority and/or the ghaziabad development authority challenging orders of the national consumer disputes redressal commission, granting to complainants, interest at the rate of 18% per annum irrespective of the fact of each case. this court has, in the case of ghaziabad development authority vs . balbir singh : air2004sc2141 , deprecated this practice. this court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. this court has held that the consumer forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. this court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. this court has held that the forum or the commission thus had to determine that there was deficiency in service and/or misfeasance in public office and that it has resulted in loss or injury. this court has also laid down certain other guidelines which the forum or the commission has to follow in future cases.2. this court is now taking up the cases before it for disposal as per principles set out in earlier judgment. on taking the cases we find that the copies of the claim/petitions made by the respondent/complainant and the evidence, if any, led .....

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Sep 20 2004 (SC)

Defense Enclave Residents Society Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Sep-20-2004

Reported in : 2005(1)ALD45(SC); 2004(4)AWC3313(SC); [2005(1)JCR67(SC)]; JT2004(7)SC541; 2004(8)SCALE68; (2004)8SCC321

..... the purchasers/allottees of the land, is a matter requiring careful investigation of the facts and circumstances, including the detailed terms of the contract between the second respondent authority and the individual flat purchaser/allottee of sites. it would also require an examination of the basis on which ..... the second respondent authority were either adverted to or considered. the above observations appear to proceed on the tacit assumption that there were individual contracts under which the liability for increased compensation could be passed on to the allottees of lands. a careful perusal of the said order does ..... acquired by second respondent had to be paid higher compensation under the order of this court as it would 'tantamount to violation of the contract between the petitioner and the mda'. it is also pleaded that the action of the second respondent 'clearly infringes the fundamental right to property ..... amount taken from the second party shall be executed later.'10. the petitioner pleads in the writ petition that, in view of this concluded contract, the members of the petitioner society, who were purchasers/allottees of the plots, could not be called upon to pay any additional price, ..... writ petition under article 32 of the constitution on the following, amongst other, grounds:'(iii) that the mda now has record out of the concluded contract between the petitioner society and the mda and the demand, therefore, is not sustainable..(v) that the impugned demand of rs. 694/- per .....

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Aug 27 2004 (SC)

Mahendra Saree Emporium Vs. G.V. Srinivasa Murthy

Court : Supreme Court of India

Decided on : Aug-27-2004

Reported in : AIR2004SC4289; JT2004(7)SC20; 2004(7)SCALE271; (2005)1SCC481

r.c. lahoti, c.j.1. respondent, g.v. srinivasa murthy is the owner-cum- landlord of the suit premises, non-residential in nature. m/s mahendra saree emporium was a sole proprietary concern - now a partnership firm, sued as the tenant and is the appellant before us. on 21.7.1987 proceedings for eviction were initiated by the landlord against the tenant on the ground alleged to be available under clause (f) of sub-section (1) of section 21 of the karnataka rent control act, 1961, hereinafter, the '1961 act' or the 'old act', for short. it is not disputed that the premises were taken on rent under lease deed dated 16.12.1968 executed by jugraj, father of indrachand. the business in the name and style of m/s mahendra saree emporium was always conducted by indrachand, who was minor on 16.12.1968 when the tenancy commenced. later the business has been converted into a partnership business. indrachand's two brothers, one brother's wife and one uncle's son the four are included in the partnership. according to the landlord, the tenant has unlawfully sublet the premises. according to him, the premises were for an individual's business and entering into partnership amounts to sub-letting a ground for eviction under section 21(1)(f) of the 1961 act which provides for the tenant being evicted if 'the tenant has unlawfully sublet the whole or part of the premises or assigned or transferred in any other manner his interest therein'. the learned rent controller found the ground for eviction .....

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Aug 25 2004 (SC)

Smt. Swarnam Ramachandran and anr. Vs. Aravacode Chakungal Jayapalan

Court : Supreme Court of India

Decided on : Aug-25-2004

Reported in : 2004(4)AWC3028(SC); 2005(2)BomCR887; (SCSuppl)2005(1)CHN133; 2004(5)CTC369; JT2004(7)SC53; 2004(7)SCALE211; (2004)8SCC689; 2004(2)LC1373(SC)

..... the view that the courts below were right in their conclusion; that the respondent was always ready and willing to comply with his obligations under the contract. in the circumstances, the courts below were right in decreeing the suit for specific performance.19. before concluding, it may be pointed out that ..... no unreasonable delay in payment of consideration and, therefore, it cannot be said that the respondent was not ready and willing to perform his part of the contract.18. in the case of nannapaneni subayya chowdary & anr. v. garikapati veeraya & anr. reported in air 1957 ap 307 it has been held, ..... were made to the respondent, during his cross-examination, as to the oral agreement between the parties, about time being made the essence of the contract, no evidence was led by the appellants. the appellants failed to rebut the assertion of the respondent of the circumstances under which rs. 50,000 ..... the respondent was neither entitled to the specific performance of the contract nor damages, as prayed for.6. on examination of the evidence on record, both documentary and oral, the high court found that on the ..... there was delay in payment of rs. 1,25,000/- on or before 18.4.1981; that although time was the essence of the contract and the same was communicated to the respondent, he committed default and, therefore, the appellants were entitled to terminate the agreement for sale and that .....

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Aug 25 2004 (SC)

National Insurance Co. Ltd. Vs. V. Chinnamma and ors.

Court : Supreme Court of India

Decided on : Aug-25-2004

Reported in : III(2004)ACC1; 2004ACJ1909; AIR2004SC4338; 2004(5)ALLMR(SC)1200; 2005(1)ALT59; 2004(4)AWC2961(SC); [2004]122CompCas50(SC); 2004(4)CTC459; [2004(4)JCR199(SC)]; JT2004(7)SC16

..... was not the intention of the legislature to provide for the liability of the insurer with respect to passengers, especially gratuitous passengers, who were neither contemplated at the time the contract of insurance was entered into, nor was any premium paid to the extent of the benefit of insurance to such category of people.' (emphasis supplied)15. an insurance for an ..... , by the deceased as owner thereof would entitle the applicants to receive compensation from the appellant.6. the learned tribunal observing that a person who is not a parry to contract of insurance would be the 'third party' and in that view of the matter the respondents would be entitled to the amount of compensation even if the vehicle was only .....

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Aug 11 2004 (SC)

Pawan Kumar JaIn Vs. the Pradeshiya Industrial and Investment Corporat ...

Court : Supreme Court of India

Decided on : Aug-11-2004

Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366

..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....

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