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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 5 of about 118 results (0.089 seconds)

Mar 25 2004 (SC)

Southern Ispat Ltd. Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Mar-25-2004

Reported in : III(2004)BC209; JT2004(4)SC14; 2004(4)SCALE30; (2004)4SCC68

..... % of the existing fixed capital investment excluding land and building the installation of which is to be certified by the competent authority.iv. for modernisation, to industrial units having a contract demand not exceeding 500 kva. in such cases, new equipments alone will be eligible for the concession.' 3. the government order also indicated that the eligibility for the concessions would ..... iron and steel.7. by a letter dated 10.9.1996 addressed to the appellant the kseb sanctioned power allocation to the extent of 1950 kva at 11 kv with contract demand of 1950 kv to the appellant's factory. the allocation was made subject to the following conditions:'1. supply is liable to be restricted or cut of during power .....

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Mar 24 2004 (SC)

Commissioner of Central Excise, Jaipur Vs. Hindustan Zinc Ltd.

Court : Supreme Court of India

Decided on : Mar-24-2004

Reported in : 2004(93)ECC33; 2004(166)ELT145(SC); JT2004(Suppl1)SC603; 2004(4)SCALE48; (2004)4SCC455

s.n. variava, j.1. all these appeals can be disposed by this common judgment as the point involved is the same.2. briefly stated the facts are as follows:the respondents are engaged in the manufacturing of zinc, lead and products thereof. zinc is manufactured by a process known as electrolysis. in this process zinc sulphate solution is electrolyzed with the help of an electric current which is passed through it. the current is introduced into the solution by means of electrodes. a lead sheet fixed with a header acts as positive electrode (anode) and an aluminium sheet fixed with a header acts as negative electrode (cathode). for the purposes of electrolysis the respondents manufacture the cathodes and anodes. the cathodes are manufactured in the following manner. aluminium header of the size of 1030 x 45 x 25 mm is welded with an aluminium sheet of the size 1105 x 610 x 5 mm. thereafter, copper tips are welded on the header for better conductivity. the last process is to weld aluminium hooks on header for facilitating the lifting of cathodes as and when desired. the cathode is of specific size which consists of various parts namely, sheet, header, copper tips and hooks and not merely of aluminium sheet and header.3. the anodes are manufactured by procuring lead ingots containing 1-02% silver. these ingots are melted and the molten is cast in the required size. the size of the cast/rolled product is 1070 x 1575 x 8 mm. a header is welded with the cast rolled plate. the header .....

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Mar 22 2004 (SC)

C.M. Beena and anr. Vs. P.N. Ramachandra Rao

Court : Supreme Court of India

Decided on : Mar-22-2004

Reported in : AIR2004SC2103; 2004(3)ALD108(SC); 2004(5)ALLMR(SC)460; 2004(3)AWC2226(SC); (SCSuppl)2004(4)CHN16; 2004(3)CTC314; [2004(3)JCR107(SC)]; JT2004(4)SC288; 2004(2)KLT336(SC); 200

..... must, at the end of one year, hand over possession to the licensor by removing all his goods and other immovable from the premises unless by mutual agreement a fresh contract is entered into between the parties. clause (6) entails automatic termination of licence on nonpayment of licence fee. clauses (7) and (8) were much relied on by the learned counsel ..... occupation of the land, though subject to certain reservations, or to a restriction of the purposes for which it may be used, it is prima facie a lease; if the contract is merely for the use of the property in a certain way and on certain terms, while it remains in the possession and under the control of the owner, it .....

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Mar 18 2004 (SC)

M.P. Vidyut Karamchari Sangh Vs. M.P. Electricity Board

Court : Supreme Court of India

Decided on : Mar-18-2004

Reported in : [2004(101)FLR670]; JT2004(3)SC423; (2004)IILLJ470SC; 2004(3)SCALE383; (2004)9SCC755; 2004(2)SLJ414(SC); (2004)2UPLBEC1313

s.b. sinha, j.introduction:1. whether an agreement despite expiry would prevail over a regulation made under section 79(c) of the electricity (supply) act, 1948 (for short 'the act') as regard the age of superannuation of an employee of the respondent-board is the primal question involved in this appeal which arises out of a judgment and order dated 11.9.2001 passed by the high court of judicature of madhya pradesh at jabalpur in l.p.a. no. 34 of 2001.factual background:2. the appellant is a registered union of the employees of the madhya pradesh state electricity board (for short 'the board'). the erstwhile electricity board framed regulations in the year 1952 under section 79(c) of the act known as general service conditions of board servants. in the year 1957, the respondent-board came into existence on re-organisation of the state.3. the state of madhya pradesh enacted the madhya pradesh industrial relations act, 1960 (for short 'the 1960 act') with a view to regulate the relations of employers and employees in certain matters, to make provisions for settlement of industrial disputes and to provide for matters connected therewith. in the year 1961, the state of madhya pradesh also enacted madhya pradesh industrial employment (standing orders) act, 1961 (for short 'the 1961 act') to provide for rules defining with sufficient precision of certain matters relating to the conditions of employment of employees in the state of madhya pradesh. the schedule appended to the 1961 .....

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Mar 16 2004 (SC)

Hardesh Ores Pvt. Ltd. Vs. Timblo Minerals Pvt. Ltd. and ors.

Court : Supreme Court of India

Decided on : Mar-16-2004

Reported in : AIR2004SC1884; 2004(2)AWC1706(SC); 2004(1)CTLJ351(SC); [2004(2)JCR188(SC)]; 2004(3)SCALE443; (2004)4SCC64; 2004(2)LC857(SC)

..... we direct that the old contractor shall be allowed to collect and transport the same in accordance with the then existing terms of the written contract between the old contractor and the mining-lease-owner. in collecting and transporting the aforementioned quantity of iron ore, the old contractor shall follow not ..... by ignoring the huge investments which have been made by the old contractor to operate the mine under an existing arrangement and alleged renewal of the contract by their mutual conduct.12. in the course of hearing, on behalf of the old contractor, learned counsel has handed over to us in ..... learned counsel for the new contractors, there is no counter suit filed by the old contractor to specifically enforce any alleged agreement of renewal of the contract and such relief cannot be legally granted in view of the bar contained in clause (c) of sub-section (1) of section 14 of ..... uninterrupted working.9. on the other hand, learned counsel appearing for the mining lease owner and the new contractors submitted that, in terms of the original contract, a renewal could be made only in writing. reliance is placed on provash chandra dalui and anr. v. biswanath banerjee and anr. and state ..... offer of renewal and consequent conduct of permitting them to work the mine on periodical payments of price in accordance with the original terms of the contract.3. the case of the contesting respondent nos. 1 & 2, who are plaintiffs before the trial court [shortly referred to as the new contractors .....

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Mar 10 2004 (SC)

Directorate of Education and ors. Vs. Educomp Datamatics Ltd. and ors.

Court : Supreme Court of India

Decided on : Mar-10-2004

Reported in : AIR2004SC1962; 2004(2)AWC1789(SC); II(2004)BC386(SC); 2004(2)CTC221; 2004(1)CTLJ339(SC); 2004(74)DRJ434; [2004(2)JCR194(SC)]; JT2004(Suppl1)SC502; (2004)1MLJ4(SC); (2004)4SCC19

..... ors. : air2000sc2272 . it was held that the terms and conditions in the tender are prescribed by the government bearing in mind the nature of contract and in such matters the authority calling for the tender is the best judge to prescribe the terms and conditions of the tender. it is not ..... unbudgeted expenditure. [emphasis supplied] 10. in air india limited v. cochin international airport limited : [2000]1scr505 , this court observed:'the award of a contract, whether it is by a private party or by a public body or the state, is essentially a commercial transaction. in arriving at a commercial decision ..... duty on the imports of the computers or its components.9. it is well settled now that the courts can scrutinise the award of the contracts by the government or its agencies in exercise of its powers of judicial review to prevent arbitrariness or favoritism. however, there are inherent limitations ..... , 2003 leave was granted and as an interim measure, the appellants were permitted to go ahead with the processing of the tender applications but no contract was to be awarded without, taking further orders from this court. this order was modified on 14th april, 2003. it was directed that the ..... managed and not seven or eight who individually are not in a position to take up the whole project compelling the government to distribute the contract amongst bidders at the lowest rate having no scope to negotiate the rates any further.4. aggrieved by the term of clause inviting tenders .....

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Mar 10 2004 (SC)

Joseph J. Kondody Vs. Michael Kuruvilla

Court : Supreme Court of India

Decided on : Mar-10-2004

Reported in : 2004(2)CTC559

order1. heard the parties.2. the sole appellant was charged and tried under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as the act) and by an order rendered by the trial court acquitted of the charge. on appeal being preferred by the complainant before the kerala high court the order of acquittal has been reversed and the appellant has been convicted under section 138 of the act and sentenced to undergo simple imprisonment for a period of three months and to pay fine of rs. 3000 in default, to further undergo simple imprisonment for a period of one month. hence this appeal by special leave.3. learned counsel appearing on behalf of the parties stated that the parties have compromised the matter and filed a petition before this court for grant of permission to compound the offence. in the facts and circumstances of the case, in our [opinion], it is a fit case for according permission to the parties to compound the offence. in view of these facts the appeal is allowed and the impugned judgment rendered by the high court is set aside in view of the compounding.

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Mar 10 2004 (SC)

Dhanaj Singh @ Shera and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Mar-10-2004

Reported in : AIR2004SC1920; 2004(1)ALD(Cri)687; 2004CriLJ1807; JT2004(3)SC380; 2004(3)SCALE93; (2004)3SCC654

arijit pasayat, j. 1. there are some unusual cases when the complainant himself is treated as an accused and made to suffer a trial. the present appeal is a case of that nature. but the persons against whom he made accusations subsequently faced trial, and are the accused so far as the present appeal is concerned. the appellants have been convicted for offence punishable under section 302 read with section 34 of the indian penal code, 1860 (in short the 'ipc') and sentenced to undergo imprisonment for life and a fine of rs. 1,000/- with default stipulation. the conviction made and the sentence imposed by the additional district and sessions judge, bhatinda were confirmed by the impugned judgment by a division bench of the punjab and haryana high court.2. the prosecution version as unfolded during trial is as follows:the present three appellants along with jagrup singh and nachhattar singh faced trial for alleged commission of murder of one sukhmander singh (hereinafter referred to as the 'deceased'). the five accused persons including two who had been acquitted i.e. jagrup singh nachhattar singh were charge sheeted for allegedly hatching a conspiracy for committing the murder of deceased sukhmander singh, thereby committing the offence punishable under section 120b ipc, and in furtherance of their common intention caused the death of deceased with fire arms and thereby committing offence punishable under section 302 read with section 34 ipc. the first information report was .....

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Mar 09 2004 (SC)

Gopal Sardar Vs. Karuna Sardar

Court : Supreme Court of India

Decided on : Mar-09-2004

Reported in : (SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252

shivaraj v. patil, j.civil appeal no. 4688 of 1998 1. the respondent made an application under section 8 of the west bengal land reforms act, 1955 (for brevity 'the act') in the munsif court claiming right of pre-emption on the basis of vicinage being the owner of adjoining plots of land purchased on 20.7.1966 and 1.6.1981. according to her, the appellant tried to take forcible possession of the plot no. 1368 adjoining to the east of his land. it is her case that she came to know on 18.9.1985 that the appellant had purchased the said plot no. 1368 on 17.8.1979, which is adjoining the respondent's plot no. 1366. the appellant contested the case denying the material incidents and inter alia contending that the application made under section 8 of the act was barred by limitation. the munsif court condoned the delay on the ground that the respondent had no knowledge of the sale till the date of application and that there was sufficient cause for not making the application within time but dismissed the application on merits finding that on the date of transfer, the respondent was not possessing the longest common boundary. the appeal filed by the respondent against the said order of the munsif court was dismissed by the learned addl. district judge both on the ground of limitation as well as on merits. in other words, on merits, the learned addl. district judge concurred with the finding recorded by the munsif court and reversed its finding on the limitation holding that the .....

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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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