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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 9 of about 118 results (0.093 seconds)

Apr 12 2004 (SC)

Zahira Habibulla H. Sheikh and anr. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Apr-12-2004

Reported in : AIR2004SC346; 2004(3)BLJR1971; 2004CriLJ2050; (2004)2GLR1078; JT2004(Suppl1)SC94; 2004(4)SCALE375; (2004)4SCC158; 2004(2)LC1041(SC)

arijit pasayat, j. 1. leave granted.2. the present appeals have several unusual features and some of them pose very serious questions of far reaching consequences. the case is commonly to be known as ''best bakery case''. one of the appeals is by zahira who claims to be an eye-witness to macabre killings allegedly as a result of communal frenzy. she made statements and filed affidavits after completion of trial and judgment by the trial court, alleging that during trial she was forced to depose falsely and turn hostile on account of threats and coercion. that raises an important issue regarding witness protection besides the quality and credibility of the evidence before court. the other rather unusual question interestingly raised by the state of gujarat itself relates to improper conduct of trial by the public prosecutor. last, but not the least that the role of the investigating agency itself was perfunctory and not impartial. though its role is perceived differently by the parties, there is unanimity in their stand that it was tainted, biased and not fair. while the accused persons accuse it for alleged false implication, the victims' relatives like zahira allege its efforts to be merely to protect the accused.3. the appeals are against judgment of the gujarat high court in criminal appeal no. 956 of 2003 upholding acquittal of respondents-accused by the trial court. along with said appeal, two other petitions namely criminal miscellaneous application no. 10315 of 2003 .....

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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)

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 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 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 05 2004 (SC)

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Decided on : Apr-05-2004

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

..... all disputes or differences whatsoever between the parties hereto arising out of or relating to the construction, meaning or operation or effect of this contract or the breach thereof shall unless amicably settled between the parties hereto; be settled by arbitration in accordance with the rules of conciliation and arbitration ..... be held to have commenced. in sumitomo heavy industries ltd. (supra), this court was concerned with a case where the parties to the contract belonged to two different countries. considering the applicability of the curial law vis-`-vis the law of the country governing the arbitration agreement, this court ..... to hfw and mr. newcomb, sac disputed the validity of the appointment on behalf of ocean laser and stated inter alia that willie had no contract and consequently there was no agreement to arbitrate, with ocean laser. sac's reaction to the appointment by ocean laser of mr. kazantzis went answered ..... of arbitral proceeding is not only for the purpose of limitation but also for the purpose of considering a case when the parties by their contract agree that the arbitration must be commenced within a specified time, failing which the right to arbitration, or indeed the claim itself, is ..... cream for and on behalf of the appellant. the said agreement was to remain valid for a period of five years. admittedly, the said contract contained an arbitration agreement being clause 20 thereof which is as under : "in case of any dispute or any difference arising at any 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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Mar 26 2004 (SC)

The Chief of Marketing (Marketing Division), Coal India Ltd. and anr. ...

Court : Supreme Court of India

Decided on : Mar-26-2004

Reported in : (SCSuppl)2004(4)CHN124; JT2004(5)SC522; 2004(4)SCALE71; (2004)4SCC146

..... shall not be disposed of, the order of priority to be observed in such disposal and the stacking of coal on government account. xxx xxx xxxxxx xxx xxx9. notwithstanding any contract to the contrary every colliery to whom a direction is given under clause. 8:-i) shall dispose of coal in accordance therewith;ii) shall not dispose of coal in contravention .....

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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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