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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 4 of about 118 results (0.106 seconds)

May 05 2004 (SC)

Pohla Singh @ Pohla Ram (D) by Lrs. and ors. Vs. State of Punjab and o ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : JT2004(5)SC117; 2004(5)SCALE574; (2004)6SCC126

..... allotted new plots as a result of the consolidation of his holding under the said act, the agreement for sale became void within the meaning of section 56 of the contract act on account of defendant losing the plots for which the agreement was executed and getting new plots in lieu thereof and the plaintiff's suit for specific performance was .....

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May 05 2004 (SC)

Muller and Phipps (India) Ltd. Vs. the Collector of Central Excise, Bo ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : 2004(94)ECC1; 2004(167)ELT374(SC); JT2004(Suppl1)SC490; 2004(5)SCALE391; (2004)4SCC787

s. rajendra babu, c.j. 1. in these appeals arising out of an order passed by the customs, excise and gold (control) appellate tribunal (hereinafter referred to as the 'tribunal') question raised for our consideration is whether johnson's prickly heat powder and phipps processed talc are patent or proprietary medicines classifiable for the purposes of excise duty under the erstwhile tariff item 14e (as prior to 1.3.1986) and heading 30.03 (subsequent to 1.3.1986) as claimed by the appellants or whether they are cosmetics or toilet preparations falling under the erstwhile tariff item 14f (prior to 1.3.1986) and heading 33.04 (after 1.3.1986) as claimed by the department.2. the tribunal held that the products in question are 'cosmetics' and not 'medicament' on the basis that boric acid, salicylic acid and zinc oxide present in the product are subsidiary pharmaceutical or antiseptic constituents and their curative and prophylactic value is subsidiary and, therefore, the product is a preparation for the care of the skin and is classifiable under tariff item 14f upto 28.2.1986 and under heading no. 33.04 from 1.3.1986 and there is no legal infirmity in the order issued under section 37b of the central excise act, 1944.3. the relevant entries of tariff item 14f and heading no. 33.03 are as follows :-14f. cosmetics and toilet preparations not containing alcohol or opium, indian hemp or other narcotic drugs or narcotics, namely:- (i) preparations for the care of the skin, beauty or .....

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Apr 27 2004 (SC)

J.C. Sehgal Vs. Devi Dass and ors.

Court : Supreme Court of India

Decided on : Apr-27-2004

Reported in : AIR2004SC3982; (SCSuppl)2005(1)CHN6; 2004(3)JKJ1; JT2004(Suppl1)SC402; 2004(5)SCALE130; (2004)11SCC555

ar. lakshmanan, j.1. leave granted.2. these two appeals arise out of s.l.p.(c) nos. 21469-21470 of 2002 and filed against the judgment and final order dated 10.10.2002 passed by the high court of jammu and kashmir at jammu in c.r. no. 231 of 2001 and c.r.no.4 of 2002, whereby the high court dismissed the revision petition bearing c.r.no. 231 of 2001 of the appellant herein - j.c. sehgal and allowed the revision petition bearing c.r,no.4 of 2002 filed by respondent no. 1 - devi dass.3. the short background facts of the case are as under:one abdul rouf ahmed was the owner in possession of four rooms along with land appurtenant thereto. one of the said rooms and some portion of the land was given to one raj kumar on rent as tenant. the aforesaid abdul rouf ahmed sold the entire property to one issar dass. respondent nos.2 to 5 herein are the legal heirs of the aforesaid issar dass. the tenant raj kumar accepted into issar dass as his landlord and a fresh rent note was executed during 1967. during the subsistence of the tenancy of the aforesaid raj kumar, late issar dass divided the satire property in four separate portions. the portion under the tenancy of aforesaid raj kumar was sold by late issar dass to one ved paul gupta through a sale deed dated 20.3,1977 which was challenged by respondent no. 1 herein by way of pre-emption suit by taking recourse to the provisions of j & k rights of prior purchase act. the sole ground taken in the suit was that the property purchased by .....

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Apr 15 2004 (SC)

State (Anti Corruption Branch) Govt. of N.C.T. of Delhi and anr. Vs. D ...

Court : Supreme Court of India

Decided on : Apr-15-2004

Reported in : AIR2004SC3693; 2004CriLJ3121; 111(2004)DLT61(SC); 2004(77)DRJ243; JT2004(Suppl1)SC205; 2004(4)SCALE523; (2004)4SCC615

..... alleged in the complaint that the respondent no. 1 had demanded illegal gratification for reviewing an order of cancellation and for placing orders to make further supplies by renewal of contract. the complainant produced cassettes of tapes containing recorded conversation between himself and the respondent no. 1. the transcript of the same was prepared and placed on record. on 20.7 .....

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Apr 12 2004 (SC)

Textile Labour Association and anr. Vs. the Official Liquidator and an ...

Court : Supreme Court of India

Decided on : Apr-12-2004

Reported in : AIR2004SC2336; III(2004)BC424; [2004]120CompCas505(SC); (2004)2CompLJ409(SC); [2004(101)FLR627]; [2004(4)JCR186(SC)]; JT2004(Suppl1)SC1; (2004)IILLJ760SC; 2004(4)SCALE414;

..... and 529a is that the workmen of the company become secured creditors by operation of law to the extent of the workmen's dues provided there exists secured creditor by contract. if there is no secured creditor then the workmen of the company become unsecured preferential creditors under section 529a to the extent of the workmen dues. the purpose of section .....

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Apr 08 2004 (SC)

Mardia Chemicals Ltd. Etc. Etc. Vs. Union of India (Uoi) and ors. Etc. ...

Court : Supreme Court of India

Decided on : Apr-08-2004

Reported in : AIR2004SC2371; 2004(3)ALD50(SC); 2004(4)ALT4(SC); II(2004)BC397(SC); [2004]120CompCas373(SC); (2004)2CompLJ209(SC); 2004(2)CTC759; 110(2004)DLT665(SC); 2004(74)DRJ227; (200

..... rent control legislations were enacted providing safeguards to the sitting tenants as against the existing rights of the landlords, which before coming into force of such law were governed by contract between the private parties. therefore, it is clear that it has always been held to be lawful, whenever it was necessary in the public interest to legislate irrespective of ..... institutions...'. 44. as a matter of fact, the narasimham committee also advocates for a legal framework which may clearly define the rights and liabilities of the parties to the contract and provisions for speedy resolution of disputes, which is a sine qua non for efficient trade and commerce, especially for financial intermediation. even the guidelines of the reserve bank ..... of the second report the narasimham committee deals about legal and legislative framework and observed :'8.1 a legal framework that clearly defines the rights and liabilities of parties to contracts and provides for speedy resolution of disputes is a sine qua non for efficient trade and commerce, especially for financial intermediation. in our system, the evolution of the legal ..... transfer of property act regarding sale of security interest without intervention of the court like section 29 of the state financial corporation act, 1951 and section 176 of the contract act. it is submitted that the relationship between secured creditor and the borrower is a contractual relationship and no question of adjudication arises at the stage of section 13 .....

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Apr 08 2004 (SC)

Mardia Chemicals Ltd. Vs. Union of India

Court : Supreme Court of India

Decided on : Apr-08-2004

Reported in : 2004(5)ALLMR(SC)484; [2004]136TAXMAN360(SC); (2004)4SCC311

..... rent control legislations were enacted providing safeguards to the sitting tenants as against the existing rights of the landlords, which before coming into force of such law were governed by contract between the private parties. therefore, it is clear that it has always been held to be lawful, whenever it was necessary in the public interest to legislate irrespective ..... institutions...'44. as a matter of fact, the narasimham committee also advocates for a legal framework which may clearly define the rights and liabilities of the parties to the contract and provisions for speedy resolution of disputes, which is a sine qua non for efficient trade and commerce, especially for financial intermediation. even the guidelines of the reserve bank ..... of the second report the narasimham committee deals about legal and legislative framework and observed :'8.1 a legal framework that clearly defines the rights and liabilities of parties to contracts and provides for speedy resolution of disputes is a sine qua non for efficient trade and commerce, especially for financial intermediation. in our system, the evolution of the legal ..... transfer of property act regarding sale of security interest without intervention of the court like section 29 of the state financial corporation act, 1951 and section 176 of the contract act. it is submitted that the relationship between secured creditor and the borrower is a contractual relationship and no question of adjudication arises at the stage of section 13 .....

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Apr 08 2004 (SC)

State of Gujarat and ors. Vs. Akhil Gujarat Pravasi V.S. Mahamandal an ...

Court : Supreme Court of India

Decided on : Apr-08-2004

Reported in : AIR2004SC3894; 2004(5)ALLMR(SC)584; (2004)3GLR1904; JT2004(4)SC470; 2004(4)SCALE487; (2004)5SCC155; 2004(2)LC1121(SC)

..... was negatived in g.k. krishnan v. state of tamil nadu : [1975]2scr715 on the ground that the classification of vehicles as stage carriage and contract carriage for the purpose of imposing a higher tax on the latter is presumed to be reasonable having regard to the fact that it was based on ..... reason for exercising the power would not derogate from the validity of the tax.22. learned counsel for the writ petitioners has also submitted that only contract carriages which are designated as omnibuses and luxury or tourist designated omnibuses have been subjected to a very heavy tax under section 3a of the act, ..... of being used) available for use in the state, if so desired. it was further held that while plying outside the state in connection with the contract, a vehicle will, nonetheless be within the import of 'kept for use in the state' and it is immaterial for the purpose of section 3 ..... section 3a of the act is violative of articles 14, 19(1)(g), 21 and 300a of the constitution as designated omnibuses which are in fact contract carriages are discriminated against from other vehicles like stage carriages, ordinary vehicles and goods vehicles and a very high rate of tax was imposed upon them ..... the 1st day of april, 1991, there shall be levied and collected on all omnibuses which are used or kept for use in the state exclusively as contract carriages (hereinafter in this section and sub-section (1a) of section 4 referred to as 'the designated omnibuses') a tax at the rates specified in the .....

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Apr 05 2004 (SC)

National Textile Corpn. Ltd. and ors. Vs. Haribox Swalram and ors.

Court : Supreme Court of India

Decided on : Apr-05-2004

Reported in : AIR2004SC1998; 2004(5)ALD120(SC); III(2004)BC494; 98(2004)CLT137(SC); JT2004(4)SC508; 2004(4)SCALE227; (2004)9SCC786

..... manufactured, earmarked and ready for delivery as claimed by the writ petitioners were lying and as such there was no question of delivery of any remaining goods under any alleged contract. whatever goods were delivered to the writ petitioners, the same had been earmarked for them as invoices in respect whereof had already been issued for which payments had been received ..... writ petitioners made several representations and they were informed by the letter dated 4.10.1989 that the matter relating to delivery of cloth in pursuance of pre-take over contracts was under active consideration. however, no delivery was effected. the writ petition was thereafter filed in december, 1989 seeking the reliefs mentioned in the earlier part of the judgment.4 ..... but a substantial part of the contract remained unexecuted. by the letter dated 26.9.1993 the mills were requested to take necessary steps for immediate delivery of the goods, in respect whereof payment had already been ..... is as follows. the writ petitioners had been purchasing various quantities of cloth from finlay mills limited and gold mohur mills limited, both situate in bombay. the petitioners entered into contracts specified in annexure-a to the writ petition and made advance payment against the same. the concerned mills supplied and delivered the goods to the petitioners from time to time .....

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Apr 02 2004 (SC)

Madan Singh Vs. State of Bihar

Court : Supreme Court of India

Decided on : Apr-02-2004

Reported in : 2004(2)ALD(Cri)10; 2004(2)BLJR930; 2004CriLJ2862; JT2004(4)SC294; 2004(4)SCALE135; (2004)4SCC622

arijit pasayat, j. 1. in this appeal under section 19 of terrorist and disruptive activities (prevention) act, 1987 (in short the 'tada act') the appellants question their conviction for offences punishable under section 302 read with section 149, 307 read with sections 149, 352, 379 of indian penal, 1860 (in short 'the ipc'), section 27 of the arms act, 1959 (in short 'the arms act') and section 3(2)(i) of the tada act as done by the sessions judge, jahanabad-cum-special judge, tada.2. twenty persons faced trial for alleged commission of various offences punishable under ipc, tada act and arms act. two of them (i.e. a-8 and a-9) died during trial. two other accused persons were held to be juveniles within the meaning of juvenile justice care protection of children act, 2000 (in short 'the juvenile act'). it was held that they were entitled to the benefit under the said act. each of the convicted accused-appellants was given life imprisonment for the offences punishable under section 302 read with section 149 ipc and section 3(2)(i) of the tada act in addition to 7 years and one year custodial sentence imposed for the offence relatable to section 307 read with sections 49 and 353 ipc respectively. no separate sentence was imposed for the offence relatable to section 379 ipc and 27 of the arms act.3. prosecution version as unfolded during trial is as follows:according to the first information report (ext.4) lodged on 27.11.1988 sri rasid imam (hereinafter referred to as ' .....

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