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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 6 of about 118 results (0.122 seconds)

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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Jan 08 2004 (SC)

Reema Aggarwal Vs. Anupam and ors.

Court : Supreme Court of India

Decided on : Jan-08-2004

Reported in : AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199

..... , known and recognized as purposive construction has to come into play in a case of this nature. the absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabitate with such woman, in the purported exercise of his role and status as 'husband' is no ground to exclude them from the purview of section 304b ..... to a woman whose marriage is void and not a valid marriage in the eye of law.9. the marriages contracted between hindus are now statutorily made monogamous. a sanctity has been attributed to the first marriage as being that which was contracted from a sense of duty and not merely for personal gratification. when the fact of celebration of marriage is .....

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Jan 05 2004 (SC)

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'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 ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....

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Jan 05 2004 (SC)

Chairman and M.D., N.T.P.C. Ltd. Vs. Reshmi Constructions, Builders an ...

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : AIR2004SC1330; 2004(2)ALD1(SC); 2004(1)ARBLR156(SC); (2004)2CALLT1(SC); 2004(1)CTC445; JT2004(1)SC1; 2004(1)KLT1065(SC); 2004(1)SCALE70; (2004)2SCC663

..... [p.k. ramaiah and company (supra) and nathani steels (supra)] would show that the decisions therein were rendered having regard to the finding of fact that the contract agreement containing the arbitrator clause was substituted by another agreement. such a question has to be considered and determined in each individual case having regard to the fact situation obtaining ..... estoppels by the acceptance of benefits: estoppels is frequently based upon the acceptance and retention, by one having knowledge or notice of the facts, of benefits from a transaction, contract, instrument, regulation which he might have rejected or contested. this doctrine is obviously a branch of the rule against assuming inconsistent positions.as a general principle, one who ..... workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawing, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works; or the execution or failure to execute the same whether arising during the progress ..... the alleged final bill under coercions, under undue influence and under protest only without prejudice to our rights and claims whatsoever. there is no accord and satisfaction between the contracting parties.you are therefore requested to kindly pass the final bill incorporating all the measurements of the items such as sinkage, in and under water execution of works, .....

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Jan 05 2004 (SC)

Food Corporation of India and ors. Vs. Babulal Agrawal

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : 2004(2)ALD66(SC); 2004(5)ALLMR(SC)574; 2004(2)AWC1571(SC); JT2004(1)SC220; (2004)2MLJ57(SC); (2004)137PLR72; 2004(1)SCALE158; (2004)2SCC712

..... is , instituted occurs or (where the breach is continuing) when it ceases.'in the case in hand, as indicated above, the notice terminating the contract is dated 26.9.1988 saying that 'we are going to vacate your above plinths by october 10,1988'. the plaintiff replied to the notice saying ..... specifications of the defendant. for raising the construction the plaintiff had raised loans from the bank. everything happened in accordance with the terms of the contract except that the period of tenancy was interdicted before three years of taking over of the possession by the defendant. it may be observed that ..... the defendant could not back out from the promise held out and cannot escape when the liability for damages for breach of the terms of the contract.7. we may, however, point out that the learned counsel for the defendant-appellant has laid much emphasis mainly on three points. the first ..... conclusion that once the plaintiff had performed his part of the contract and altered his position, namely, having constructed the plinth according to specification of defendant, on a condition given out by the defendant that on completion ..... trial court has recorded findings in affirmative but in respect of issue no. 3 it has been further held that there was a breach of contract on the part of the defendant. the trial court has made a detailed discussion while recording the findings as indicated above and came to a .....

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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 .....

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Jul 28 2004 (SC)

A. Umarani Vs. Registrar, Cooperative Societies and ors.

Court : Supreme Court of India

Decided on : Jul-28-2004

Reported in : 2005(1)ALD33(SC); JT2004(6)SC110; (2004)IIILLJ780SC; (2005)1MLJ6(SC); 2004(6)SCALE350; (2004)7SCC112

..... ors. : air2004sc1377 .48. in state of m.p. and anr. v. dharam bir : [1998]3scr511 , it was observed that the government services are essentially a matter of status rather a contract and in that context it was observed:'26. whether a person holds a particular post in a substantive capacity or is only temporary or ad hoc is a question which .....

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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 .....

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Jun 04 2004 (SC)

State of Haryana Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Jun-04-2004

Reported in : JT2004(5)SC72; 2004(6)SCALE75; (2004)12SCC673

..... under the said notification of 1976, the agreement of 1981 and the settlement of 1985 and in any case under contract established by conduct, by immediately restarting and completing that portion of the sutlej- yamuna link canal project in the state of punjab and otherwise making it suitable for use within ..... canal project as also make it usable in all respects, not only under the aforesaid order of 1976, agreement of 1981 and settlement of 1985 but also pursuant to a contract established by conduct from 1976 till date;(b) a decree of mandatory injunction compelling defendant 1 (failing which defendant 2 by or through any agency) to discharge its/their obligations .....

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