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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1963 Page 10 of about 375 results (0.040 seconds)

Oct 21 1963 (HC)

Bappu Rawther Abdul Kassim Rawther Vs. State of Kerala

Court : Kerala

Decided on : Oct-21-1963

Reported in : AIR1964Ker109

..... and w 358 explained it by saying that it was only decidedin a point of pleading, and another by saying thatit was attempted to add a term to a written contract which was not in it. whether these weresatisfactory reasons to say that the case is not lawif it is supposed to affirm the proposition to whichi have referred ......... ...... i cannot ..... intent; and therefore his act alone neither renders the plaintiff liable to an action nor vitiates the contract.'this case did not meet with approval of the house of lords in pearsort and son ltd. v. dublin corporation, 1907 ac 351. there, the defendant had invited the plaintiffs ..... akcyjna v. fairbairn lawson combe barbour ltd., 1943 ac 32. his lordship there referred to certain cases where reliefs were granted on the ground that consideration was severable.'......where a contract to deliver wood was prevented by the defendant preventing performance by not loading all, the wood; rugg v. minett, (1809) 11 east. 210, where the buyer had paid part of ..... admitted in the course of the argument. it must be conceded, that if one employ an agent to make a contract and that agent, though the principal be perfectly guiltless, knowingly commit a fraud in making it, not only is the contract void, but the principal is liable to an action......... but, in the present case, the agent acted without any fraudulent .....

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Jan 22 1963 (HC)

Union of India (Uoi) Represented by the Secretary, Ministry of Labour, ...

Court : Kerala

Decided on : Jan-22-1963

Reported in : AIR1963Ker301

..... also placed upon a passage occurring at i page 33 of income-tax, by kanga and palkhivala.'a company may not obtain or be able to execute a single business contract for a period of months or even years, yet it may be deemed to carry on its business it during the period of lull and inactivity it performs its internal ..... intervenes, and when the debenture-holder does intervene he must do so with the intention of making his security a fixed security. in my opinion it is a breach of contract on the part of the debenture-holder to interfere in the conduct of the business so long as his security is only a floating security;'counsel relied upon these rulings ..... the things which the licence entitles them to do. it is admitted that in the present case the debenture-holder allowed the company to carry on its business, to make contracts, and to pay its debts; but it is said that, though it is entitled to carry on business and has incurred debts in carrying it on, and although it might .....

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Nov 22 1963 (HC)

The Bharatkhand Textile Mfg. Co. Vs. the State of Gujarat

Court : Gujarat

Decided on : Nov-22-1963

Reported in : AIR1964Guj219; (1964)GLR961; [1964]15STC885(Guj)

..... it is, therefore, impossible to hold on the facts and circumstances of the present case that it was an integral part of the contracts of sale that the goods shall necessarily be transported from the state of bombay to another state or that the movement of the goods from the ..... outside the state of bombay according as they required in each case. this option was obviously necessary because, as stated by the assessee itself, the contracts of sale were entered into by the buyers with the assessee irrespective of the fact whether the buyers had received any previous indents from upcountry merchants. ..... consignor as well as consignee and endorsed the railway receipts in favour of the buyers and delivered the same to the buyers in performance of the contracts. it was after the railway receipts duly endorsed were handed over by the assessee to the buyers that the buyers made payment of the price ..... it is difficult to see how any condition of the contracts could be implied from some practice followed by the assessee but we shall deal with that a little later when we examine the arguments advanced on ..... to the buyer the relative railway receipt duly endorsed in favour of the buyer. we may point out at this stage that this condition of the contracts was, according to the assessee, not an express condition hut an implied condition and it was implied from the accepted practice of the assessee. .....

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Mar 22 1963 (HC)

O. Mohamed Yusuf Levai Saheb Vs. S. Hajee Mohammed HussaIn Rowther (Di ...

Court : Chennai

Decided on : Mar-22-1963

Reported in : AIR1964Mad1

..... ; the judgment in : air1951mad458 , follows the same view. we have referred at an earlier stage that the arbitration proceedings are the result of a contract between the parties, each party agreeing that he would perform what is decided by the arbitrator. if in pursuance of the award a party had done everything ..... precluded from instituting an action upon the original cause of action. if the award does not, by reason of any statutory provision or of the contract between the parties, have the effect of merging in it the original cause of action, it stands to reason that the latter should subsist notwithstanding ..... on the passing of the award the compromise becomes complete, the binding nature and inviolability of a valid award is therefore by reason of the contract giving rise to it. unless a statute requires that the award should be filed in court it will not be necessary for its validity that ..... shall be determined by the arbitrator. the award supplies the terms left uncertain by the submission and the two together form a complete contract. the nature of the contract and the liabilities of the parties are determined by the submission. the extent of the liability is defined by the award so far ..... final judgment as it were of the arbitrator or arbitrators, in settlement of the controversy submitted to him or them, partaking the character of both a contract as well as a judicial finding. in redman's 'law of arbitration and awards' 5th edn. while discussing the enforcement of an award by an .....

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Aug 09 1963 (HC)

Workers of Buckingham and Carnatic Co., by the Binny and Buckingham an ...

Court : Chennai

Decided on : Aug-09-1963

Reported in : AIR1964Mad538

..... on the workers represented by it. there is nothing in the section to justify an extended meaning being given to it contrary to the ordinary law that a contract will bind only those that are parties to it. likewise, section 18(8)(a) can refer only to the actual parties to the settlement or award. ..... employer is non-federated firm - in proving that by express agreement or by usage the provisions of a collective agreement have become incorporated in the employee's contract of employment, certain enactments in recent years have provided means by which in stated circumstances the terms of a collective agreement can be enforced by or on behalf ..... having the entirety of the workers as members; and that in order that such an agreement to be binding on all the workers, including those outside the contracting union it was not necessary that it should have the imprimatur of the conciliation officer. the argument was developed thus: section 2(b) as amended in the ..... n. a. citrine (second edition) at page 121 the rule under the common law has been stated to be:'under the ordinary law of contract apart from the enactment to be mentioned below the terms of a collective agreement do not automatically become part of the individual ..... contracts of employment which work people enter into with their employers; an employer and an employee are free in law to agree on terms inconsistent .....

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Apr 23 1963 (HC)

State of Bihar Vs. Bank of Bihar Ltd.

Court : Patna

Decided on : Apr-23-1963

Reported in : AIR1963Pat344

..... not been challenged or denied by the only witness examined for defendants 2 to 5. shri singh also referred to section 129 of the indian contract act, which defines a "continuing guarantee". but i fail to understand how it helps him. section 129 merely lays down that the guarantee which ..... to the buyer of goods a better title to those goods than he himself has is not an inflexible proposition as exceptions to section 108, contract act, will show."ultimately, their lordships held that"in determining the order of priority in this country, where hypothecation of moveables is a matter ..... hence, there was no wrongful deprivation of the money by the cane commissioner through the certificate proceedings; and the remedy under section 180 of the contract act was not available to the bank against the state representing the cane commissioner either.11. i shall now discuss the authorities cited by mr ..... the question therefore, is whether the bank can recover the money from the state representing the cane commissioner,the remedy under section 180 of the contract act would be available to the bank against the state, if the commissioner had wrongfully deprived the bank of the substituted security, namely, the ..... suit for sale thereof (see section 176). a "bailment" is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them (see section .....

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May 27 1963 (FN)

Lopez Vs. United States

Court : US Supreme Court

Decided on : May-27-1963

lopez v. united states - 373 u.s. 427 (1963) u.s. supreme court lopez v. united states, 373 u.s. 427 (1963) lopez v. united states no. 236 argued january 14, 1963 decided may 27, 1963 373 u.s. 427 certiorari to the united states court of appeals for the first circuit syllabus in a federal district court, petitioner was convicted of attempting to bribe an internal revenue agent in violation of 18 u.s.c. 201. the agent was investigating possible evasion of excise taxes on cabarets. on a visit to petitioner's inn, the agent saw dancing in the bar and lounge, spoke to petitioner about it, and suggested that the inn might be liable for a cabaret tax. according to the agent's testimony, petitioner suggested, after some discussion, that the agent could drop the case, gave him $420, and promised more in the future. petitioner also promised to file a return for the current quarter, and invited the agent to return a few days later. when he kept that appointment, the agent carried with him a pocket wire recorder which recorded his conversation with petitioner. the agent produced an excise tax return form and started to explain it. petitioner told the agent that he wanted the agent to be on petitioner's side, gave him some money, and promised more. at the trial, the agent testified concerning his conversations with petitioner, and his testimony was corroborated by the admission in evidence of the recording of the last conversation. petitioner's counsel did not request acquittal on the .....

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Aug 12 1963 (HC)

C.K. Iypunny Vs. R.N. Kulkarni and anr.

Court : Mumbai

Decided on : Aug-12-1963

Reported in : AIR1964Bom188; (1964)66BOMLR34; [1964(8)FLR175]; 1964MhLJ211

..... of money value of benefit available to a workman not only under an award or settlement under the act or under chapter v-a but to that available under a contract or by reason of any other statute. in view of the decision of the supreme court referred to above, the decision in laxmi mills co. : (1962)illj493mad cannot be regarded ..... amplitude of section 33-c(2) it would be legitimate to say that an employee is entitled to claim relief under that section in respect of a benefit under a contract or any standing order etc. and if these are included within its ambit there is no reason why a benefit under an award made under the bombay industrial relations act .....

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Dec 19 1963 (HC)

Calcutta Company Limited Vs. Commissioner of Sales Tax and ors.

Court : Madhya Pradesh

Decided on : Dec-19-1963

Reported in : [1964]15STC554(MP)

..... 1959] s.c.r. 379 that the proceedings taken by the respondents for imposing sales tax on the supplies of materials by the appellants, pursuant to the contract dated december 19, 1953, are illegal and must be quashed. in his dissenting judgment, shah, j., also deprecated the practice of the taxpayer being permitted ..... the project. in the other case, namely, s. bakthavatsalu v. state of madras [1963] 14 s.t.c. 832 there was a contract between the neyveli lignite corporation and the assessee for the supply to the corporation at particular places of blue granite jelly of certain quality from certain specified ..... and when he supplied bricks to the said company manufactured out of the earth by bestowing certain amount of skill and labour, there was a contract for the transfer of chattels qua chattels. this is not the position here. the sand, which was extracted, collected, screened and transported by the ..... the quantity of sand extracted and coming up to the standard prescribed that was stored on the river bank. in these circumstances, when the contract between the petitioner and the project did not contain any term transferring the property right in the sand from the project to the petitioner, the ..... by the sales tax officer. before the commissioner, the assessee repeated the contention that when it ' supplied ' sand to the project under the contract, which it held with the project, there was no supply of materials for any stipulated price and there was no element of sale in the transaction .....

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Dec 24 1963 (HC)

Golab Ray and anr. Vs. Muralidhar Modi and ors.

Court : Orissa

Decided on : Dec-24-1963

Reported in : AIR1964Ori176

..... first establish, that under the provisions of the specific relief act he is entitled to specific performance in the peculiar circumstances of this case. for the reasons already indicated his contract has become incapable of specific performance and his only remedy is that provided in section 19 of the specific relief act. 27. the plaintiff did not pray for an ..... court) observed that if the chief commissioner ultimately refused to accord sanction to the same, the plaintiff may not be able to enforce the decree for specific performance of the contract. the only distinguishing feature between that case and the instant case is that here the revenue officer concerned (the khasmahal officer) after hearing all the parties namely, the plaintiff, ..... statement of defendant 1 that in the draft deed of agreement (ext. 10) it was written that defendant no. 1'sbrothers had given their consent. hence in my opinion the contract between the parties became complete on that day. (after further consideration of the evidence, his lordship reiterated his conclusion thus :) hence believing the evidence of sri dasgupta (p. w. ..... objection raised by the plaintiff, his order was to the following effect : 'the applicant wants to transfer the entireholding. the objector objects on the ground thatthe has entered into a contract with the applicantto purchase the property for rs. 38,000/-. theapplicant wants to sell the property to onegolabrai and madumal for rs. 4o,000/- the proposed transferee, along with the .....

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