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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1999 Page 1 of about 37 results (0.054 seconds)

Mar 17 1999 (SC)

Commissioner of Income Tax Vs. Kasturi and Sons Ltd.

Court : Supreme Court of India

Decided on : Mar-17-1999

Reported in : AIR1999SC1275; (1999)153CTR(SC)1; [1999]237ITR24(SC); JT1999(2)SC272; 1999(2)SCALE75; (1999)3SCC346; [1999]1SCR1207

..... business within the meaning of the insurance companies act, 1974. the members were paying subscription to the company and their membership was governed by contract with each of them. among its objects were the conduct of the legal proceedings on behalf of members, indemnifying them against claims for damages ..... substitute the same by another expression even if it may be considered to be equivalent to the expression used by the legislature. when the contract of insurance contains a specific provision for the exercise of an option by the insurer without any reference to the insurer and with regard to ..... payment in specie being the money's worth would only amount to a substituted mode of discharge. once the money become payable under the contract on the occurrence of the accident, the exercise of the option by the insurer to discharge his liability by payment in a different mode other ..... section 41(2) could not be made applicable to the present case. holding that on the exercise of the option by the insurer, the contract could not be considered to be one for payment of money, the high court answered the reference in favour of the assessee and against the revenue ..... claim or demand concerning his professional character or interest. in every case, an indemnity could be granted, restricted or declined in the council's absolute discretion. the question was whether the contract between each member and the union was a contract of insurance for the purposes of the act of 1974. the same was .....

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Dec 06 1999 (FN)

Weeks Vs. Angelone

Court : US Supreme Court

Decided on : Dec-06-1999

weeks v. angelone - 528 u.s. 225 (1999) october term, 1999 syllabus weeks v. angelone, director, virginia department of corrections certiorari to the united states court of appeals for the fourth circuit no. 99-5746. argued december 6, 1999-decided january 19,2000 mter a virginia jury found petitioner weeks guilty of capital murder, the prosecution sought to prove two aggravating circumstances in the penalty phase, and the defense presented 10 witnesses in mitigation. during deliberations, the jurors sent the trial judge a note asking whether, if they believed weeks guilty of at least one of the aggravating circumstances, it was their duty to issue the death penalty, or whether they must decide whether to issue the death penalty or a life sentence. the judge responded by directing them to a paragraph in their instructions stating: "'if you find from the evidence that the commonwealth has proved, beyond a reasonable doubt, either of the two [aggravating circumstances], and as to that alternative, you are unanimous, then you may fix the punishment ... at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment ... at [life] imprisonment.''' over two hours later, the jury returned its verdict, which read: "[h]aving unanimously found that [weeks'] conduct in committing the offense [satisfied one of the aggravating circumstances], and having considered the evidence in mitigation ... , [we] unanimously fix his .....

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Jun 23 1999 (FN)

Florida Prepaid Postsecondary Ed. Expense Bd. Vs. College Savings Bank

Court : US Supreme Court

Decided on : Jun-23-1999

..... cover the costs of tuition for colleges. petitioner florida prepaid postsecondary education expense board (florida prepaid) is an entity created by the state of florida that administers similar tuition prepayment contracts available to florida residents and their children. see fla. stat. 240.551(1) (supp. 1998). college savings claims that, in the course of administering its tuition prepayment program, florida prepaid ..... savings bank, a new jersey chartered savings bank located in princeton, new jersey, has marketed and sold certificates of deposit known as the college sure cd, which are essentially annuity contracts for financing future college expenses. college savings obtained ference of state legislatures et al. by richard ruda and james i. crowley; and for the regents of the university of california .....

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Jun 22 1999 (FN)

Sutton Vs. United Air Lines, Inc.

Court : US Supreme Court

Decided on : Jun-22-1999

..... (ca1 1998); matcza v. frankford candy & chocolate co., 136 f.3d 933 , 937-938 (ca3 1997); doane v. omaha, 115 f.3d 624 , 627 (ca8 1997); harris v. h & w contracting co., 102 f.3d 516 , 520-521 (call 1996); holihan v. lucky stores, inc., 87 f.3d 362 , 366 (ca9 1996). while a sixth circuit decision could be read as .....

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Jun 10 1999 (FN)

Neder Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1999

..... , r. keeton, & d. owen, prosser and keeton on law of torts 108 (5th ed. 1984))); smith v. richards, 13 pet. 26, 39 (1839) (in an action "to set aside a contract for fraud" a "misrepresentation must be of something material"); see also 1 j. story, commentaries on equity jurisprudence 195 (10th ed. 1870) ("in the first place, the misrepresentation must be .....

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Jun 07 1999 (FN)

Amoco Production Co. Vs. Southern Ute Tribe

Court : US Supreme Court

Decided on : Jun-07-1999

amoco production co. v. southern ute tribe - 526 u.s. 865 (1999) october term, 1998 syllabus amoco production co., on behalf of itself and the class it represents v. southern ute indian tribe et al. certiorari to the united states court of appeals for the tenth circuit no. 98-830. argued april 19, 1999-decided june 7, 1999 land patents issued to western settlers pursuant to the coal lands acts of 1909 and 1910 conveyed the land and everything in it, except the "coal," which was reserved to the united states. patented lands included reservation lands previously ceded by respondent southern ute indian tribe to the united states. in 1938, the united states restored to the tribe, in trust, title to ceded reservation lands still owned by the government, including the reserved coal in lands patented under the 1909 and 1910 acts. these lands contain large quantities of coalbed methane gas (cem gas) within the coal formations. at the time of the 1909 and 1910 acts, such gas was considered a dangerous waste product of coal mining, but it is now considered a valuable energy source. relying on a 1981 opinion by the solicitor of the department of the interior that cem gas was not included in the acts' coal reservation, oil and gas companies entered into cem gas leases with the individual landowners of some 200,000 acres of patented land in which the tribe owns the coal. the tribe filed suit against petitioners, the royalty owners and producers under the leases, and federal agencies and .....

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Apr 21 1999 (FN)

United States Vs. Haggar Apparel Co.

Court : US Supreme Court

Decided on : Apr-21-1999

united states v. haggar apparel co. - 526 u.s. 380 (1999) october term, 1998 syllabus united states v. haggar apparel co. certiorari to the united states court of appeals for the federal circuit no. 97-2044. argued january 11, 1999-decided april 21, 1999 respondent sought a refund for customs duties imposed on garments it shipped to this country from an assembly plant it controlled in mexico. if there were mere assembly in mexico without other steps, the garments would have been eligible for a partial duty exemption under subheading 9802.00.80, harmonized tariff schedule of the united states (htsus), 19 u. s. c. 1202, which applies to articles assembled abroad and not otherwise improved except by an "operatio[n] incidental to the assembly process." respondent, however, also sought to permapress the garments in order to maintain their creases and avoid wrinkles. to accomplish this, respondent baked the chemically pretreated garments at the mexican plant. claiming the baking was an added process in addition to assembly, the customs service denied a duty exemption under 19 cfr 10.16(c)(4), its regulation deeming all permapressing operations to be an additional step in manufacture, not part of or incidental to the assembly process. respondent brought this suit in the court of international trade, which declined to treat the regulation as controlling and ruled in respondent's favor. the court of appeals for the federal circuit affirmed, declining to analyze the regulation under .....

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Mar 31 1999 (FN)

Alden Vs. Maine

Court : US Supreme Court

Decided on : Mar-31-1999

..... in the supreme court of the united states by virtue of the original jurisdiction conferred on this court by the constitution"); louisiana ex rel. new york guaranty & indemnity co. v. steele, 134 u. s. 230 , 232 (1890) (finding a suit against a state official in state court to be "clearly within ..... detinue against the tax collector in state court for recovery of the desk, arguing that the later virginia statute barring use of the coupons violated the contracts clause. greenhow defended, inter alia, on the theory that the suit was "substantially an action against the state of virginia, to which it has ..... not always explicitly addressed. 13 in seminole tribe, i explained that hamilton had in mind state sovereign immunity only with respect to diversity cases applying state contract law. see 517 u. s., at 145-149 (dissenting opinion). here i intend simply 774 dorf may be heard in his reference to "the ..... itself proceeds rather upon natural equity, than upon the municipal laws.' for the end of such action is not to compel the prince to observe the contract, but to persuade him." ibid. (footnote omitted).5 traditions and customs which formed the substance of the common law," ibid. although bracton said that ..... immunity poses no bar to a state-law suit against the united states in federal court, or that the federal tort claims act effected a contraction, rather than an expansion, of the united states' amenability to suit. 2 there are isolated statements in some of our cases suggesting that the .....

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Mar 30 1999 (FN)

MartIn Vs. Hadix

Court : US Supreme Court

Decided on : Mar-30-1999

martin v. hadix - 527 u.s. 343 (1999) october term, 1998 syllabus martin, director, michigan department of corrections, et al. v. hadix et al. certiorari to the united states court of appeals for the sixth circuit no. 98-262. argued march 30, 1999-decided june 21,1999 respondent prisoners filed two federal class actions in 1977 and 1980 against petitioner prison officials challenging the conditions of confinement in the michigan prison system under 42 u. s. c. 1983. by 1987, the plaintiffs had prevailed in both suits, the district court for the eastern district of michigan had ruled them entitled to attorney's fees under 1988 for post judgment monitoring of the defendants' compliance with remedial decrees, systems were established for awarding those fees on a semiannual basis, and the district court had established specific market rates for awarding fees. by april 26, 1996, the effective date of the prison litigation reform act of 1995 (plra), the prevailing market rate in both cases was $150 per hour. however, 803(d)(3) of the plra, 42 u. s. c. 1997e(d)(3), limits the size of fees that may be awarded to attorneys who litigate prisoner lawsuits. in the eastern district, those fees are capped at a maximum hourly rate of $112.50. when first presented with the issue, the district court concluded that the plra cap did not limit attorney's fees for services performed in these cases prior to, but that were still unpaid by, the plra's effective date, and the sixth circuit affirmed. .....

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Mar 03 1999 (FN)

Federal Employees Vs. Department of Interior

Court : US Supreme Court

Decided on : Mar-03-1999

..... view, indicates that privatesector employers have a comprehensive duty to "bargain collectively" whether or not such bargaining is part of "the negotiation of an agreement" leading to "written contract." in our view, these linguistic arguments, while logical, make too much of too little. one can easily read "arriving at a collective bargaining agreement" as including an ..... , the agency contends, because parties engage in midterm bargaining, not for the purpose of arriving at, but 93 for the purpose of supplementing, their basic, comprehensive labor contract. in other words, the basic collectivebargaining agreement is the only appropriate destination at which negotiations might "arriv[e]." the agency adds that "collective bargaining agreement" is a ..... interior (agency), proposed including in the basic labor contract a midterm bargaining provision that said: "the union may request and the employer will be obliged to negotiate [midterm] on any negotiable matters not covered by the provisions ..... v. flra, 106 f.3d 1158 , 1163 (1997) (holding unlawful a midterm bargaining clause that the federal service impasses panel had imposed upon the parties' basic labor contract). in the present suit, the national federation of federal employees, local 1309 (union), representing employees of the united states geological survey, a subagency of the department of the .....

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