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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1946 Page 4 of about 130 results (0.040 seconds)

Mar 25 1946 (FN)

S.R.A., Inc. Vs. Minnesota

Court : US Supreme Court

Decided on : Mar-25-1946

..... paul, minnesota. it put the vendee in possession, but retained the legal title, with the right of reentry, as security for portions of the purchase price remaining due under the contract of sale. the decisive question before us is whether the interest thus retained by the united states bars minnesota, under a general nondiscriminatory law, from taxing the vendee's interest ..... which the petitioner presents for our decision -- whether the retention by the united states of the legal title to the taxed land precludes its taxation to petitioner, which, under its contract with the government, has acquired possession and right to possession. as i have no doubt on this question, i agree the judgments should be affirmed. mr. justice frankfurter concurring. ..... owned by the united states and therefore treated as the united states. these purchasers had paid enough of the purchase price -- ten percent -- to entitle them to deeds under their contracts, but had not paid the entire purchase price. the deeds had not been delivered, nor the mortgages executed for the balance, as required by the purchase agreement. this page 327 ..... directly passed upon the effect on federal sovereignty of the property's transfer by the united states to private hands. in this instance, there were no specific words in the contract with petitioner which were intended to retain sovereignty in the united states. there was no express retrocession by congress to minnesota, such as sometimes occurs. [ footnote 8 ] there was .....

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Jan 04 1946 (PC)

Nachappa Goundan Vs. Samiappa Goundan and anr.

Court : Chennai

Decided on : Jan-04-1946

Reported in : AIR1947Mad18; (1946)2MLJ35

..... be substituted, namely, 61 : a mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately ..... his case that he was a bona fide purchaser. it will be observed that the subsequent purchaser who takes the property with notice of a prior contract does not get any right as against the prior contractee. the prior contractee when he obtains a decree for specific performance obtains a right which prevails ..... the money with which the earlier mortgages were paid off. when there, is such an intention, we can well say that it amounts to a contract express or implied that the later alienee should be subrogated to the rights of the earlier mortgages which are discharged with the money advanced by him. ..... deed. therefore the case was purely one in which the purchaser cf a half retained that half and still claimed even the amount which he had contracted to pay for his purchase. strictly the question whether a person is entitled to be subrogated to the rights of a mortgagee who has been ..... entire amount. on these facts, inderprasad or his represontativc obviously cannot claim from the defendan1 who owned the other half the amount which he himself had contracted to pay as the sale consideration, inderprasad or his representative was not deprived of what he had purchased by his sale deed. he was still in .....

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Nov 25 1946 (FN)

Richfield Oil Corp. Vs. State Bd. of Equalization

Court : US Supreme Court

Decided on : Nov-25-1946

..... . s. 418 , where a federal manufacturing tax on filled cheese was sustained against the claim that it was a tax levied by congress on exports. the cheese was manufactured under contract for export. the court said, "the true construction of the constitutional provision is that no burden by way of tax or duty can be cast upon the exportation of page ..... the united states. judicial code 237, 28 u.s.c. 344(a), 861a. appellant is engaged in producing and selling oil and oil products in california. it entered into a contract with the new zealand government for the sale of oil. the price was f.o.b. los angeles, payment in london. delivery was "to the order of the naval secretary ..... of judicial code 237, 28 u.s.c. 344(a). p. 329 u. s. 72 . 2. appellant, which was engaged in producing and selling oil in california, entered into a contract for the sale of oil to the new zealand government. the oil was delivered by appellant from dockside tanks into a vessel of the new zealand government at a california .....

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Dec 16 1946 (PC)

Abdallakhan Daryakhan Vs. Purshottam Damodar

Court : Mumbai

Decided on : Dec-16-1946

Reported in : (1947)49BOMLR875

..... the father executed the sale-deed in favour of his son. in support of his contention mr. somjee has relied on the provisions of section 25(2) of the indian contract act under which a conveyance to compensate, wholly or in part, a person who has already voluntarily done something for the promisor would be valid. it seems to us, however ..... . 1. in view of this finding it is impossible for us to accept mr. somjee's argument that the transfer would be valid under section 25(2) of the indian contract act.5. mr. somjee has further contended that the courts below were wrong in holding that the present suit was governed by article 120 of the indian limitation act. he .....

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Jun 10 1946 (PC)

Kashi Nath Mukherjee Vs. Nil Ratan Saha and ors.

Court : Kolkata

Decided on : Jun-10-1946

Reported in : AIR1947Cal304

..... such deposit. if we are right in the view we take, the plaintiff's claim cannot manifestly be supported under section 69.13. can section 70, contract act, then, avail the plaintiff? that section provides as follows:where a person lawfully does anything for another person, or delivers anything to him, not ..... pay the rent that, was due upon the property, when he made the purchase, could not be regarded as a person who under section 69, contract act, was entitled to call upon the defendant to make good the amount that he had paid.8. mr. ghose's point was that the learned ..... ghose argued that the interpretation, which the learned judges who decided manindra chandra nandi v. jawahir kumari ('05) 32 cal. 643 put upon section 69, contract act, was manifestly contrary to or inconsistent with the wording of the section itself. the contention in that case on behalf of the plaintiff appellant was that ..... execution of a rent decree, he could not be said to have paid it merely as a person 'interested in making the payment.' section 69, contract act, would not apply in favour of such a purchaser making a payment in such circumstances.7. the correctness of this decision was strenuously challenged before ..... for the payment he had made.5. both the courts below accepted the defence plea. the case was considered with reference to sections 69 and 70, contract act, and on general grounds of equity, but neither under the statute nor on principle was the plaintiff held entitled to succeed.6. in support of .....

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May 13 1946 (FN)

Rfc Vs. Beaver County

Court : US Supreme Court

Decided on : May-13-1946

..... the government required. the lease contract also provided that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the government contends that, under these circumstances, the machinery was ..... the machinery were attached by easily removable screws and bolts, and some of the equipment and fixtures could be moved from place to place within the plant. the lease contract with curtiss-wright authorized the government to receive and to replace existing equipment, and parts of the machinery appear to have been frequently interchanged and replaced as the convenience of ..... essential to the existence and operation of a manufacturing plant for aircraft propellers. the plant, thus fully equipped, was leased to curtiss-wright corporation, to carry out its war contracts with the government for the manufacture of propellers. most of the machinery was heavy, not attached to the buildings, and was held in place by its own weight. other ..... screws and bolts. some of the equipment could be moved from place to place in the plant. the plant was leased to a manufacturer of war equipment under a contract providing that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the supreme court of pennsylvania sustained the imposition of a tax .....

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Mar 25 1946 (FN)

United States Vs. Carbone

Court : US Supreme Court

Decided on : Mar-25-1946

..... . . work, . . . financed in whole or in part by loans or grants from the united states, . . . to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined . . . or imprisoned . . . or both." 48 stat. 948, 40 ..... of the kickback act punishes "whoever" induces another person employed on a federally financed project "to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever." the united states contends that this provision applies to the ..... with the contractors, the appellees "well knowing and intending that the laborers would pay the said five dollars out of the compensation to which they were entitled under their contracts of employment with the said contractors." the indictment also stated that the appellees kept no records of those who made payments to them. but, if a laborer should present ..... 13, 1934, provides that "whoever" shall induce any person employed on any federally financed work "to give up any part of the compensation to which he is entitled under his contract of employment by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever," shall be subject to the penalty therein prescribed. appellees, union officials .....

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Feb 25 1946 (FN)

United States Vs. American Union Transport, Inc.

Court : US Supreme Court

Decided on : Feb-25-1946

..... contend, "in connection with" covers only forwarding businesses actually affiliated with a common carrier by water in a corporate sense, or under the control of or pursuant to a continuing contract with such a carrier, then plainly the maritime commission is without jurisdiction over these appellees, since none of them is controlled by or affiliated with a common carrier by water ..... covered by it. the scope of its legislation is, of course, for congress to determine, and not for the enforcing agency. inaction, no matter how consistent and long continued, cannot contract the reach of a statute. but much has properly been said about the important significance which attaches to the meaning given a statute by those whose duty it is to .....

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Mar 11 1946 (PC)

The Governor General in Council Vs. Shiromani Sugar Mills Limited (In ...

Court : Mumbai

Decided on : Mar-11-1946

Reported in : (1946)48BOMLR483

patrick spens, kt., c.j.1. the respondent company prior to being wound up, as hereinafter mentioned, carried on the business of proprietors of sugar; mills in the basti district of the united provinces. the company was believed to have made some profits for the year ending may 30, 1940, but it was not until february 25, 1943, that an order for assessment of income-tax was made for the year of assessment 1941-42, and the tax was eventually fixed at rs. 18,493-12-0. in the meantime, however, a petition to wind up the company had been presented on november 26, 1941, a provisional liquidator had been appointed on december 7, 1941, and finally, on april 17, 1942, a winding up order had been made by the high court at allahabad. it will be noticed therefore that the company had been ordered to be wound up a very considerable time before the assessment was made. on march 10, 1943, a notice of demand was served on the official liquidators of the respondent company under section 29 of the indian income-tax act, 1922, (hereinafter referred to as ' the income-tax act'). on march 13, 1943, the official liquidators pointed out to the income-tax department that the proper procedure to be followed was for the income-tax department to lodge a claim in the winding up in respect of the arrears of tax alleged to be due from the company.2. instead of adopting the procedure suggested, the income-tax department decided to adopt the procedure provided by section 46 of the income-tax act, and .....

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Jul 18 1946 (PC)

P.V. Muthuswami Ayyar Vs. A. Velammal

Court : Chennai

Decided on : Jul-18-1946

Reported in : (1946)2MLJ273

..... plaintiff is demanding. it is only after she or her lessees utilise the water from the well that they would be liable under section 70 of the contract act.4. the defendant was therefore entitled to succeed, although on a different ground from that on which the lower court dismissed the suit. the petition ..... provided that the other ingredients of section 70 are to be found.3. in order that the plaintiff should succeed in the claim under section 70 of the contract act he would have to prove (1) that he had repaired the well for the defendant; (2) that he did not intend to do so gratuitously ..... benefited by them. the suit was, however, dismissed, it being held that although the defendants had benefited, they were not liable under section 70 of the contract act. it seems to me that this is no longer good law in view of the full bench decision of this court in srirama raja v. secretary ..... supported by some observations in viswanatha vijaya kumara bangaroo v. r.g. orr (1917) 45 i.c.786, to this effect:section 70 of the contract act does not apply to cases where a person does an act for his own benefit and that act incidentally benefits his neighbour or any other person. ..... that she could not contribute. the petitioner thereupon completed the work and filed this suit for contribution from the respondent, claiming under section 70 of the contract, act. the lower court held that although the respondent stood to benefit by the work and that the petitioner did not intend to do the work gratuitously .....

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