Court : US Supreme Court
Decided on : Feb-18-1963
..... arthur murray, inc., on a weekly basis, 10% of these cash receipts as royalty and 5% of the receipts in escrow, the latter to continue until a $20,000 indemnity fund was accumulated. similarly, sales commissions for lessons sold were paid at the time the sales receipts were deposited in the studio's general bank account. the studio, since its ..... [ footnote 5 ] the balance of the deferred income account would be carried forward into the next fiscal year, to be increased or decreased in accordance with the number of new contracts, lessons taught and cancellations recognized. deductions were also reported on the accrual basis, except that the royalty payments and the sales commissions were deducted when paid, irrespective of the period ..... this aspect of the case. these gains, representing amounts paid or promised in advance of lessons given, were recognized in those periods in which the taxpayers arbitrarily decided the contracts were to be deemed canceled. the studio made no attempt to report estimated cancellations in the year of receipt, choosing instead to defer these gains to periods bearing no economic ..... basic method by which income earned by the rendition of services was recorded. on the contrary, the taxpayers' system was admittedly wholly accurate in recording lessons given under each individual contract. it was only in connection with lessons which had not yet been taught that the taxpayers were "uncertain whether none, some, or all" of the contractual services would be .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-29-1963
Reported in : AIR1964MP305; 1964MPLJ97
..... the mortgaged property elsewhere for a period of one year and in case they did they were liable to pay interest for the first full year. there was also an indemnity clause.2. having regard to the aforesaid terms of the mortgage-deed question raised was whether the mortgagees had the remedy to bring the property to sale for realisation of ..... instalment how can that be done without bring-. ing the mortgaged property to sale? the property is clearly subject to a burden for the payment of the amount according to contract. when such burden is there not only for the principal amount but also for interest and taxes there is a clear right of sale by necessary implication. the mortgage in ..... bound themselves personally to pay tha mortgage money by specified dates and had, in the eventof failure on their part to pay the same according to the terms of the contract, agreed that the same might be recovered according to law. they had also bound themselves to pay interest on the mortgage money in the form of rent every month and ..... first instalment of rs. 3000/- together with seven instalments of rs. 2000/- each falling due in subsequent years as also interest on the entire mortgage-money at the contract rate. 3. the trial court held that the mortgage being a combination of simple and usufructuary mortgages the plaintiffs had such a right and, rejecting other contentions raised by the .....Tag this Judgment!
Court : Kerala
Decided on : Mar-14-1963
Reported in : AIR1964Ker135
..... in such a case will raise a trust in invitum out of the transaction, for the very purpose of subjecting the substituted property to the purposes of indemnity and re-compense.'12. in american restatement of the law on restitution, page 649 the principle is stated as follows : -'where a person does not ..... wrong unless he has a real intention to waive it or such an intention can be fairly imputed to him. the waiver is as fictitious as the contract. the phrase waive the tort is a picturesque one and has a pleasing sound and (..................) was regarded by the old common lawyers with affection, but ..... of authority to the contrary the statement of evans p. that there is no substantial difference between the rules as to remoteness of damages in tort or contract is correct. moreover, the mills themselves had credited messrs. sri krishna ginning factory with rs. 28,868-15-0 in their accounts. for these ..... rajagopala ayyangar, as he then was, and it was observed at p. 726:'did the sellers in the present case by the terms of the contract or appropriation reserve the right of the disposal in the goods until certain conditions were fulfilled in dealing with this point made on behalf of the state ..... was no unconditional appropriation of the goods to the mills. section 23 of the indian sale of goods act makes it clear that if under a contract for sale of unascertained goods, goods have been unconditionally appropriated by the seller with the assent of the buyer the property in the goods will pass .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-19-1963
Reported in : AIR1964Cal290,68CWN410
..... not produced the delivery of the goods may, at the discretion of the railway company, be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company.'44. when a consignor wants to transfer the railway receipt to the consignee, he merely delivers it to the consignee named in the ..... india, : air1963cal399 . bijayesh mukherji, j. of this court held that an endorsement simpliciter on the railway receipt clearly shows the intention of the transferor to transfer the rights under the contract of carriage and a bare endorsement without more conveys the title to goods to the endorsee. his lordship observes that the railway receipt passes from one hand to another by ..... of property act that 'a railway receipt being a mercantile document of title to goods, the mode of assignment prescribed in section 130 is not applicable to assignment of a contract of carriage of goods contained in a railway receipt.' tambe, j. overlooks that section 137 itself makes a distinction between instruments which are negotiable and mercantile documents of title to ..... . also considered the question whether an endorsee of a railway receipt has sufficient interest in the goods to maintain a suit against the railway administration. meredith, j. held that a contract indicated by the railway receipt can be transferred by endorsement in blank coupled with the delivery of the document to the transferee subject to the condition that 'the intention must .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-09-1963
Reported in : (1964)10GLR223; 54ITR384(Guj)
..... the option and entering into a novatio effection thereby only insurance on his life. that being the position, it is impossible to say that the contract entered into by the assessee's father, or the policy issued by the life insurance corporation, effected an insurance on the life of the assessee, ..... of the assessee is to our mind, entirely immaterial, for that begs the very question which arises in this reference, the question being whether the contract in question, in respect of which the premium was paid, effected an insurance on the life of the assessee. in our view, what in substance ..... . we are, however, not so much concerned in this reference with ascertaining the features of an endowment insurance, as with the question whether the contract entered into by the assessee's father amounts to effecting an insurance on the life of the assessee. in paragraph 578 in that very same volume ..... 4. the tribunal, therefore, held that there was no insurance as such of the life of the assured during his minority and before he adopted the contract of insurance. 5. the question referred to us in this reference is : 'whether rebate under section 15(1) of the income-tax act, 1922, ..... the tribunal, agreeing with the conclusion of the department authorities, also rejected the claim of the assessee, observing as follows : 'the terms of the contract, in out opinion, indicate that covering of the risk commences only on the attainment of majority by the life assured followed by the life assured adopting .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-08-1963
Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; 1SCR860
..... of the act applicable thereto.similarly the act is primarily intended to govern relations of persons standingas master and servant in connection with manufacturing processes in factories,and liberty of contract otherwise was not sought to be affected by theprincipal provisions of the act. but here again the legislature has authorisedthe state government to issue notifications applying the provisions of ..... hours and on the employment of young persons and females and grant ofannual leave with wages. employment in a manufacturing process was at one timeregarded as a matter of contract between the employer and the employee and thestate was not concerned to impose any duties upon the employer. it is howevernow recognised that the state has a vital concern ..... employed in large numbers inthis industry. x x x x x x x x x the bidi and cigarlabour, however, satisfies many of the criteria of sweated labour, such assub-contract system, long hours, insanitary working conditions, home work (inbidis), employment of women and children, irregularity of employment, lowwages, and lack of bargaining power.' 13. dealing especially with the ..... work register. the court held on these facts that the bidi roller could nobe said to be 'employed' by the owner and was not therefore a worker, therebeing no contract of employment, under which the bidi roller agreed to servethe employer subject to his control and supervision.2. since this judgment was pronounced, owners of bidi-making establishmentsin the state .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-25-1963
Reported in : AIR1964Cal31
..... the policy, has by way of subrogation an equitable right to all the claims of the assured against the carrier in respect of the shortage. the contract of insurance against loss is a contract of indemnity. on payment of the amount of the loss the insurer as indemnifier has an equitable right of subrogation to the claims of the assured against the carrier .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-1963
..... recognizing this, congress put the secretary of the interior in charge of these works, page 373 u. s. 590 and entrusted him with sufficient power, principally the 5 contract power, to direct, manage, and coordinate their operation. subjecting the secretary to the varying, possibly inconsistent, commands of the different state legislatures could frustrate efficient operation of ..... secretary could "utterly ignore" los angeles' appropriations. [ footnote 83 ] in this same discussion, senator hayden emphasized the secretary's power to allocate the water by making contracts with users. after senator walsh said that he understood senator johnson to be arguing that the secretary must satisfy los angeles' appropriations, senator hayden corrected him, pointing out ..... involved in this case. but no such questions are here. we must determine what apportionment and delivery scheme in the lower basin has been effected through the secretary's contracts. for that determination, we look to the project act alone. b. mainstream apportionment. -- the congressional scheme of apportionment cannot be understood without knowing what water congress ..... this court, but instead created a comprehensive statutory scheme for the allocation of mainstream waters. arizona, however, believes that the allocation formula established by the secretary's contracts was, in fact, the formula required by the act. the united states, along with california, thinks the master should not have invalidated the provisions of the arizona .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-27-1963
Reported in : 16STC385(Bom)
..... these wall brackets could hardly be sufficient to regard the supply of the brackets with holders as being only incidental to the execution of the contract work and not intended to be purchased as chattels by the customers. the third item was in connection with five pieces of fluorescent tubes with ..... agreements with a certain ship-builders to supply engines, boilers and machinery required for vessels to be built by them. before the completion of the contracts, the firm of engineers became bankrupt, and a dispute arose as regards the title to the machinery and articles which were in possession of the ..... mr. mehta, therefore, this is a case where the agreement between the parties relates to the execution of a certain work as distinguished from a contract for the sale or supply of goods. mr. mehta further argues that although eventually the property in the materials specified in the invoice will pass ..... , it is necessary that there should be an agreement between the parties for the purpose of transferring the title to goods which presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction the property must actually pass in the goods. ..... division, under section 52(c) of the bombay sales tax act, 1959, to determine whether the supply of materials consumed in carrying out the contracts of electric fittings undertaken by them would be treated as sales within the meaning of the bombay sales tax act, 1959, and whether they would be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-10-1963
Reported in : AIR1964AP77
..... to the defendants. the total quantity indented for during the year should not exceed, without the seller's consent, the maximum average of 350 tons per month. under this contract, the plaintiffs intended for and the defendants delivered total quantity of 1652 tons. by subsequent letters, they indented for further quantities. the defendants supplied a part of the ..... 1930.63. on receipt of this letter, the defendants repudiated their liability to supply 100,000 standards softwood goods. thereupon, the plaintiffs laid the action for breach of contract and ultimately succeeded in recovering damages for the breach. the point that arose for consideration was whether the clause in the agreement vesting the rightof option was merely an agreement ..... the prohibition only to those two kinds of contracts.52. this opinion gains support from the pronouncement of the supreme court in : 2scr470 already referred to. there, a candidate was sought to be disqualified under ..... of disqualification. parliament, which is aware of the necessity to maintain the integrity and independence of the legislators, has chosen to confine the area of disqualification only to contracts for the supply of goods to the appropriate government and the execution of works undertaken by government. it must be taken that parliament has advisedly limited the operation of .....Tag this Judgment!