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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 7 of about 118 results (0.097 seconds)

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 .....

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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 .....

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May 06 2004 (SC)

B.P.L. Ltd. and ors. Vs. R. Sudhakar and ors.

Court : Supreme Court of India

Decided on : May-06-2004

Reported in : AIR2004SC3606; 2004(5)ALLMR(SC)753; 98(2004)CLT570(SC); [2005(104)FLR450]; JT2004(6)SC573; 2005(2)KarLJ349; (2004)IILLJ834SC; 2004(5)SCALE756; (2004)7SCC219; 2004(3)SLJ114(

..... employer may, in accordance with standing orders applicable to a workman concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied between him and the workman for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman, provided no such ..... employer may, in accordance with standing orders applicable to a workman concerned in such dispute or, where there are no such standing order, in accordance with the terms of the contract, whether express or implied, between him and the workman - (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately .....

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May 06 2004 (SC)

Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-06-2004

Reported in : AIR2004SC3540; 2004(5)ALLMR(SC)817; 2004(3)AWC2366(SC); [2004]120CompCas729(SC); JT2004(5)SC541; 2004(6)KarLJ513; 2004(28)PTC566(SC); 2004(5)SCALE635; (2004)6SCC145; 2004AIRSCW3409

..... is merely an address on the internet. it was also submitted that registration of a domain name with icann did not confer any intellectual property right; that it is a contract with a registration authority allowing communication to reach the owner's computer via internet links channelled through the registration authority's server and that it is akin to registration of .....

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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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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 .....

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May 05 2004 (SC)

U.P. Co-operative Cane Unions Federations Vs. West U.P. Sugar Mills As ...

Court : Supreme Court of India

Decided on : May-05-2004

Reported in : AIR2004SC3697; 2004(3)CTC590; (2004)5SCC430

..... price is incorporated into the agreement. a fortiori, the agreement giving effect to the state advised price is perfectly valid and enforceable unless any vitiating factors under the law of contract are established. i would however like to make it clear that the state government or its agents cannot compel or coerce the sugar factories to enter into agreements to pay ..... price' as such. however, i would like to clarify that the question posed by the court at paragraph 12 i.e. 'whether the state government had entered into such a contract' is not accurate and does not fit in with the actual decision in the case.157. in the light of my conclusion that the state advised price has no statutory .....

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Apr 30 2004 (SC)

CaptaIn Sube Singh and ors. Vs. Lt. Governor of Delhi and ors.

Court : Supreme Court of India

Decided on : Apr-30-2004

Reported in : II(2004)ACC60; AIR2004SC3821; [2004(3)JCR144(SC)]; JT2004(1)SC413; 2004(5)SCALE371; (2004)6SCC440

..... 'fares and freights'. the expression 'fare' has been defined in section 2(12) as inclusive of sums payable for a season ticket or in respect of the hire of a contract carriage. by paragraph 2 of the impugned notification the transport department has also prescribed what can be the fares for concessional bus passes of different categories. this only means that ..... directions both to the state transport authority and regional transport authority -(i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages:(ii) ...(iii) ...'19. it was the case of the respondents before the high court, and it is their case before us, that the notification has been ..... or the maximum fees payable at any stand.18. section 67 of the act empowers the state government, inter alia, to fix the fares and freights for such stage carriages, contract carriages and goods carriages. the relevant provision reads as under:'67. power to state government to control road transport.- (1) a state government, having regard to-(a) ....(b) ....(c) ....(d .....

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Apr 27 2004 (SC)

Modern School Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-27-2004

Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)

..... to employees of the corresponding status in school run by the state. chapter v of the act applies to unaided minority schools. section 15 relates to contract of service in terms whereof a written contract is required to be entered into by and between the managing committee and every employee of a school. section 17 regulates fees to be charged by aided .....

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