Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 2004 Page 3 of about 118 results (0.087 seconds)

Aug 05 2004 (SC)

Surjit Singh Vs. Nahara Ram and anr.

Court : Supreme Court of India

Decided on : Aug-05-2004

Reported in : AIR2004SC4122; 2004(2)ALD(Cri)763; 2004CriLJ3879; JT2004(6)SC251; 2004(6)SCALE471; (2004)6SCC513; 2004(2)LC1415(SC)

arijit pasayat, j.1. leave granted.2. the present appeals are by the informant against the respondents (hereinafter referred to as the 'accused'). law was set into motion by the appellant alleging that while he was spraying his paddy crop in his field, the accused had fired several shots resulting in major or minor injuries to him. the accused was charged for alleged commission of offence punishable under section 307 of the indian penal code 1860 (hereinafter called the 'ipc') and section 27 of the arms act, 1353 (in short the 'arms act'). the learned additional sessions judge, barnala found the accused guilty of offence punishable under section 326 ipc and section 27 of the arms act. he was sentenced to undergo rigorous imprisonment for five years and to pay a fine of rs. 2,000/- with default stipulation for the offence relatable to section 326 ipc. he was also sentenced to undergo rigorous imprisonment for one year in respect of the offences under the arms act. the matter was carried in appeal before the punjab and haryana high court by the accused. the appellant also filed a criminal revision under section 397 read with section 401 of the code of criminal procedure, 1973 (in short the 'code'). appeal was numbered as crl. a. no. 81 sb of 1992 and the criminal revision was numbered as crl. rev. 580 of 1992. both the appeal and the revision have been disposed of by the common judgment which is impugned in the present appeals. the high court while upholding the conviction .....

Tag this Judgment!

Aug 03 2004 (SC)

Fargo Freight Ltd. Vs. the Commodities Exchange Corporation and ors.

Court : Supreme Court of India

Decided on : Aug-03-2004

Reported in : AIR2004SC4109; 2004(2)ARBLR548(SC); 2004(3)AWC2592(SC); IV(2004)BC532; 2004(52)BLJR2403; [2004]122CompCas38(SC); 2004(4)CTC389; 113(2004)DLT43(SC); JT2004(6)SC264; (2004)4M

..... the 3rd respondent was only the issuer of the letter of credit. it is settled law that a letter of credit transaction is a separate and independent transaction from the contract, if any, between the opener and the beneficiary respondent. as issuer of the letter of credit, the 3rd respondent was not concerned with the dispute between the appellant and 1st ..... have heard the parties. in our view, mr. sanghi is right that a letter of credit is an independent transaction. the issuing bank is not at all concerned with the contract and/or dispute between the opener and the beneficiary. also to be noted that the 3rd respondents were not parties to the arbitration proceedings and there is no award directing .....

Tag this Judgment!

Aug 02 2004 (SC)

Godawat Pan Masala Products I.P. Ltd. and anr. Vs. Union of India (Uoi ...

Court : Supreme Court of India

Decided on : Aug-02-2004

Reported in : AIR2004SC4057; 2004(5)ALLMR(SC)970; 2005(1)BomCR194; JT2004(6)SC179; (2004)4MLJ67(SC); 2004(6)SCALE388; (2004)7SCC68; 2004(2)LC1449(SC)

b.n. srikrishna, j. 1. leave granted in the special leave petitions and the writ petition is admitted.2. these appeals and writ petition arise from different areas and, though marginally differing on facts, raise substantially similar issues of law. they can, therefore, be conveniently disposed of by a common judgment3. the common issue raised for consideration of this court in all these cases is the validity of notifications issued by the food (health) authority under section 7(iv) of the prevention of food adulteration act, 1954 (hereinafter referred to as the 'act') by which the manufacture, sale, storage and distribution of pan masala and gutka (pan masala containing tobacco) were banned for different periods. we shall take the facts in the civil appeal arising out of special leave petition no. 24449 of 2002 as typical of the cases.facts:civil appeal arising out of slp(c) no. 24449 of 20024. the appellants manufacture gutka within the state of maharashtra, which is stored in convenient godowns and sold both within and outside the state of maharashtra. by a notification dated 23rd july, 2002 issued by the commissioner, food and drug administration and food (health) authority for the state of maharashtra, the manufacture, sale, storage and distribution of pan masala and gutka (pan masala containing tobacco) were banned for a period of five years with effect from 1st august, 2002. the appellants challenged the validity of this notification by a writ petition no. 2024 of 2002 .....

Tag this Judgment!

Jul 28 2004 (SC)

Jayamma Vs. Maria Bai Dead by Proposed Lrs. and anr.

Court : Supreme Court of India

Decided on : Jul-28-2004

Reported in : AIR2004SC3957; 2005(1)CTLJ292(SC); JT2004(6)SC57; 2004(6)SCALE332; (2004)7SCC459

..... statutory provisions, the consequence whereof would be that same is invalid and thus, being opposed to public policy the same shall attract the provisions of section 23 of the indian contract act.21. it is not disputed that in view the purport and object the legislature sought to achieve by enacting the said provision the expression 'assignment' would include a will .....

Tag this Judgment!

Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... by virtue of clause 6, the suit agreement ex.p1, forthwith stood cancelled, if that clause was meant for the benefit of both the parties to the contract. if the contract thus stood cancelled the suit for specific performance had necessarily to be dismissed.that suit for sanction, cs no.471 of 1977, was in fact prosecuted by the ..... elaborated hereinafter. 49. learned senior counsel shri soli j. sorabjee appearing for the subsequent vendee rested his argument on his main submission that the sale agreement was a contingent contract - the contingency named being sanction of the court which did not materialize. upon failure of that contingency, the agreement stood cancelled forthwith under clause (6) of the agreement ..... such interest being lawfully conveyed and accepted liability for payment of liquidated damages if it failed to obtain the sale deed after the sanction was obtained. plaintiff not having contracted with the reversioners to buy their interest, could not have secured the 'entire interest' in the property without an order of this court directing conveyance of the reversionary ..... of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. section 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the .....

Tag this Judgment!

May 26 2004 (SC)

Commissioner of Income Tax Vs. P.V.A.L. Kulandagan Chettiar (Dead) Thr ...

Court : Supreme Court of India

Decided on : May-26-2004

Reported in : (2004)189CTR(SC)193; [2004]267ITR654(SC); 2004(6)SCALE36; (2004)6SCC235

..... act, 1967 or investment incentives act, 1968 in modification of or in addition to the existing measures; provided an agreement is made between the two contracting states in respect of the scope of the benefit accorded by the said measures. 3. (a) the amount of indian tax payable, under the laws ..... profits of the enterprise to its various parts, nothing in paragraph 2 or paragraph 3 of this article shall preclude such contracting state from determining the income or profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, ..... whether in the state in which the permanent establishment is situated or elsewhere.4. in so far as it has been customary in a contracting state to determine the income or profits to be attributed to a permanent establishment on the basis of an apportionment of the total income or ..... 1964)14. this agreement also applies to any other taxes of a substantially similar character to those referred to in the preceding paragraph imposed in either contracting state after the date of signature of the agreement in question. articles iv, v, vi, vii and xxii of the agreement read as under ..... the income having arisen in one of those countries; that article 6, therefore, allocates the power to tax income from immovable property in the contracting state in which such property is situated; that agreement of this nature between governments representing sovereign nations necessarily implies surrender by each of the .....

Tag this Judgment!

May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

Tag this Judgment!

May 07 2004 (SC)

Gajraj JaIn Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2004(5)ALLMR(SC)726; 2004(4)AWC2907(SC); III(2004)BC514; 2004(3)BLJR1780; [2004]121CompCas112(SC); [2004(4)JCR47(SC)]; 2004(5)SCALE693; (2004)7SCC151; [2004]52SCL746(SC)

..... but the third party on whom such right or benefit is conferred by the contract cannot sue under it. lastly, as stated above, a charge cannot be enforced against a bonafide purchaser for value (see: law of mortgage by ghose page 127). in the case ..... a mere undertaking to discharge an obligation or liability of the debtor may at the highest amount to indemnity, however, it is not enough to charge the property/fund with the debt. further, according to mulla and pullock on contract act (xii edition page 106), contracting parties may confer rights or benefits upon a third party in the form of promise to pay ..... have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to .....

Tag this Judgment!

May 06 2004 (SC)

State of Andhra Pradesh and ors. Etc. Vs. B. Noorulla Khan and anr. Et ...

Court : Supreme Court of India

Decided on : May-06-2004

Reported in : II(2004)ACC569; AIR2004SC2413; 2004(5)ALD23(SC); 2004(5)ALLMR(SC)739; 2004(6)ALT28(SC); 2004(3)CTC468; JT2004(5)SC195; 2004(5)SCALE618; (2004)6SCC194

..... be a stage carriage with corridor restriction. stage carriage is intended to meet the requirements of the general public travelling from one destination to another having different purposes whereas a contract carriage is meant for those who want to hire a public service vehicle as a whole collectively for their transport from one destination to another having the same purpose. high ..... , even without picking up or setting down en route the necessary consequence would be that the vehicle has been or is being used as a stage carriage but not a contract carriage. under those circumstances, obviously, the authority had rightly detained the vehicle for the contravention of the conditions of the permit. therefore, the mandamus, as sought for, was rightly ..... subject to the rules framed and attach any one or more of the conditions mentioned under section 72(2) of the act. section 74 enables the concerned authority to grant contract carriage permit. section 84 envisages the general conditions attaching to all permits. section 86 vests the authority with the power to cancel or suspend the permits. section 88 provides for ..... the further conditions prescribed in section 74 of the act are not applicable to all-india tourist permit vehicles.2. original writ petitioners, respondents herein, are either the holders of contract carriage permits granted under section 74 of the act or holders of all-india tourist permits granted under section 88 of the act. the checking officials seized and detained the .....

Tag this Judgment!

May 05 2004 (SC)

State of Punjab Vs. Nestle India Ltd. and anr.

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : (2004)189CTR(SC)501; [2004]269ITR97(SC); 2004(5)SCALE529; (2004)6SCC465; [2004]136STC35(SC)

..... statute governing the person making the representation provides otherwise, result in an agreement enforceable at law ; if the statute requires that the agreement shall be in a certain form, no contract may result from the representation and acting thereupon but the law is not powerless to raise in appropriate cases an equity against him to compel performance of the obligation arising ..... rights, even where they arise, not under any contract, but on his own title deeds or under statute.(p.424) ..........whatever be the nature of the function which the government is discharging, the government is subject to the rule ..... against the government at the instance of the promise, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution.(p.442) .......... equity will, in a given case where justice and fairness demand, prevent a person from insisting on strict legal ..... statutory formalities, the government resolution of 1865 was not a factual grant passing title in the land to the corporation. there was also no dispute that there was no enforceable contract between the state government and the municipal corporation. of the three judges, das, j. held that the possession of the corporation not being referrable to any legal title was adverse .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //