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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2004 Page 4 of about 53 results (0.105 seconds)

May 17 2004 (FN)

Sabri Vs. United States

Court : US Supreme Court

Decided on : May-17-2004

..... lie, the statute requires that the organization, government, or agency receiv[e], in any one year period, benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of federal assistance. 666(b). in 2001, the city council of minneapolis administered about $29 million in federal funds paid to the city .....

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May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

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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 03 2004 (FN)

Jones Vs. R. R. Donnelley and Sons Co.

Court : US Supreme Court

Decided on : May-03-2004

..... equal rights all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons ..... state analogue to an action brought under 1983 was an action for tortious injury to the rights of another, an action on an unwritten contract, or an action for a liability on a statute). before reaching that question, however, we first had to determine whether the characterization of ..... 1991, however, congress responded to patterson by adding a new subsection to 1981 that defines the term make and enforce contacts to include the termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. 42 u. s. c. 1981(b).[ footnote 2 ] ..... relevant part that all persons [within the jurisdiction of the united states] shall have the same right in every state and territory to make and enforce contracts as is enjoyed by white citizens. 14 stat. 27. we held in patterson v. mclean credit union, 491 u. s. 164 (1989), ..... 171, which held that racial harassment relating to employment conditions was not actionable under 1981. the act redefined 1981 s key make and enforce contracts language to include the termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship, 1981(b). in rivers v. roadway express, .....

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May 03 2004 (FN)

Scarborough Vs. Principi

Court : US Supreme Court

Decided on : May-03-2004

scarborough v. principi - 02-1657 (2004) syllabus october term, 2003 scarborough v. principi supreme court of the united states scarborough v. principi, secretary of veterans affairs certiorari to the united states court of appeals for the federal circuit no. 02 1657. argued february 23, 2004 decided may 3, 2004 the equal access to justice act (eaja) authorizes the payment of attorney s fees to a prevailing party in an action against the united states absent a showing by the government that its position in the underlying litigation was substantially justified. 28 u. s. c. 2412(d)(1)(a). section 2412(d)(1)(b) sets a deadline of 30 days after final judgment for the filing of a fee application and directs that the application include: (1) a showing that the applicant is a prevailing party ; (2) a showing that the applicant is eligible to receive an award ; and (3) a statement of the amount sought, including an itemized statement from any attorney stating the actual time expended and the rate charged. section 2412(d)(1)(b) s second sentence further requires the applicant to allege that the position of the united states was not substantially justified. petitioner scarborough prevailed before the court of appeals for veterans claims (cavc) in an action for disability benefits against respondent secretary of veterans affairs. scarborough s counsel filed a timely application for attorney s fees and costs pursuant to 2412(d), showing that scarborough was the prevailing party in the .....

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Apr 28 2004 (FN)

Vieth Vs. Jubelirer

Court : US Supreme Court

Decided on : Apr-28-2004

..... an appropriate requirement for the position in question, government officials may not base a decision to hire, promote, transfer, recall, discharge, or retaliate against an employee, or to terminate a contract, on the individual s partisan affiliation or speech. see board of comm rs, wabaunsee cty. v. umbehr, 518 u. s. 668 , 674 675 (1996); o hare truck service, inc. v .....

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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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Apr 19 2004 (FN)

United States Vs. Lara

Court : US Supreme Court

Decided on : Apr-19-2004

..... 1871 congress ended the practice of entering into treaties with the indian tribes. 25 u. s. c. 71 (stating that tribes are not entities with whom the united states may contract by treaty ). but the statute saved existing treaties from being invalidated or impaired, ibid. , and this court has explicitly stated that the statute in no way affected congress plenary powers ..... . the 1871 statute, for example, changed the status of an indian tribe from a powe[r] . . . capable of making treaties to a power with whom the united states may [not] contract by treaty. compare worcester , supra , at 559, with 25 u. s. c. 71. one can readily find examples in congressional decisions to recognize, or to terminate, the existence of individual .....

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Mar 31 2004 (FN)

Bedroc Limited, Llc Vs. United States

Court : US Supreme Court

Decided on : Mar-31-2004

..... minerals to include sand and gravel, the court is typically reluctant to overrule decisions involving statute interpretation because stare decisis concerns are at their acme in cases involving property and contract rights. state oil co. v. khan, 522 u. s. 3 , 20 (1997). because the government identifies significant reliance interests that would be upset by overruling western nuclear , i do not .....

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Mar 30 2004 (FN)

National Archives and Records Administration Vs. Favish

Court : US Supreme Court

Decided on : Mar-30-2004

national archives and records administration v. favish - 02-954 (2004) syllabus october term, 2003 national archives and records admin. v. favish supreme court of the united states national archives and records administration v. favish et al. certiorari to the united states court of appeals for the ninth circuit no. 02 954. argued december 3, 2003 decided march 30, 2004 skeptical about five government investigations conclusions that vincent foster, jr., deputy counsel to president clinton, committed suicide, respondent favish filed a freedom of information act (foia) request for, among other things, 10 death-scene photographs of foster s body. the office of independent counsel (oic) refused the request, invoking foia exemption 7(c), which excuses from disclosure records or information compiled for law enforcement purposes if their production could reasonably be expected to constitute an unwarranted invasion of personal privacy, 5 u. s. c. 552(b)(7)(c). favish sued to compel production. in upholding oic s exemption claim, the district court balanced the foster family s privacy interest against any public interest in disclosure, holding that the former could be infringed by disclosure and that favish had not shown how disclosure would advance his investigation, especially in light of the exhaustive investigation that had already occurred. the ninth circuit reversed, finding that favish need not show knowledge of agency misfeasance to support his request, and remanded the case .....

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