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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1967 Page 11 of about 364 results (0.082 seconds)

Nov 08 1967 (SC)

State of Gujarat Vs. Manilal Joitaram and Co.

Court : Supreme Court of India

Decided on : Nov-08-1967

Reported in : AIR1968SC653; 1968CriLJ661; (1968)0GLR479; [1968]2SCR177

..... . persons can organise and assist in organising or be member of an association which is recognised even if the association provides for performance of non-transferable specific delivery contracts without actual delivery. the prohibition is against persons arranging for avoidance of delivery through an unrecognised association and read with the penalty sections, it is clear that such ..... punishable with imprisonment for a term which may extend to one year, or with fine, or with both. ....... .' '21. penalty for owning or keeping place used for entering into forward contracts in goods. - any person who - (a) . . . . . . . (b) without the permission of the central government, organises, or assists in organising, or becomes a member of, any association, ..... was insignificant and the deals were really forward transactions in which there was no intention to take or give delivery. the prosecution, therefore, submitted that these were forward contracts prohibited under the act and as the association was not recognised the offences charged were committed. the high court having acquitted all the accused the state contends now ..... of the constitution the state of gujarat appeals against the judgment, march 14, 1963, of the high court of the state acquitting the respondents of diverse offences under the forward contracts (regulation) act, 1952. originally 31 persons were charged before the judicial magistrate, ahmedabad, who acquitted 14 and convicted the rest. the present respondents, who are 11 in .....

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Jul 19 1967 (HC)

Kakoo Shah Uttam Chand and ors. Vs. Kamla Wati and ors.

Court : Delhi

Decided on : Jul-19-1967

Reported in : AIR1969Delhi120

..... intention that those documents shall constitute a security which will enable the creditor ultimately to recover the money which he has lent. but if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain, and the document will be the sole evidence of its terms. in such a case the deposit and ..... anything said except that they were to be security; 3. the delivery may be accompanied by a bargain which either is nto written, or if written, does nto constitute the contract of mortgage; and 4. there may be a written bargain in the form of a memorandum which is tacitly considered by the parties themselves as the only repository and appropriate .....

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Feb 01 1967 (HC)

Lajya Ram Vs. Jalil-ur Rehman and ors.

Court : Delhi

Decided on : Feb-01-1967

Reported in : 3(1967)DLT672

..... the happening of a specified event, which involves the rendering of some service by the agent. there is no real analogy between such contracts and contracts of employment by which one party binds himself to do certain work and the toher binds himself to pay remuneration for the doing of ..... he was stopped by the parties in earning his commission. it is nto possible to accept this contention. it appearsfrom the record that the contract was cancelled for a justifiable cause, namely, the failur of seth ram gopal goverdhan das mohatta and his agent seth slav rattan mohatta in ..... general principle is deducible from the authorities, their effect may, i think, be thus summarised. the question depends on the construction of each particular contract, but, prima facie, the intention of the parties to a transaction of this type is likely to be that the commission stipulated for should only ..... class. however, there is a third class of case, t.j which the prevent instance belongs, where, by the express language of the contract, the agent is promised his commission only upon completion of the transaction which he is endeavoring to bring about between the offerer and his principal. ..... property in question was defective and the defects were nto explained in spite of repeated demands; secondly, the agreement of exchange was a contingent contract dependent upon the sanction by the custodian of evacuee property in india and pakistan and the obtaining of income-tax clearance certificates by the respective .....

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Nov 21 1967 (HC)

Pritam Singh Vs. Suraj Pershad

Court : Delhi

Decided on : Nov-21-1967

Reported in : 3(1967)DLT704

..... be considered necessary. it may be recalled that section 106 merely lays down a deeming provision in regard to duration of certain leases in the absence of contract or local us- age and provides for their termination by ntoice for specified period to be served in the manner provided. it does nto exclude or ..... additional rights on a landlor but on the contrary imposes certein restrictions on his right to evict a, tenant under the general law or under the contract of lease. the thika act like toher rent acts enacted in various states imposes certain further restrictions on the right of the landlord to evict his tenant ..... of the transfer of property act was necessary and it was this argument which was repelled. it is ntoe worthy that even in clause 7 of the contract of lease in that case, there was a provision that before the lessee could be required to vacate the premises, be would be served with a ..... or lessee by fifteen days' ntoice) expiring with the end of a month of the tenancy. this deeming provision, it is obvious, would nto prevail where the contract itself pro- . vides to the contrary or where a local law or usage negative such a deeming provision. it is, thereforee, clear that an objection of ..... of a valid ntoice under section 106 of the transfer of property act. this section may here be read : - ' the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to .....

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Jul 13 1967 (HC)

P.P. Looke Vs. N.J. Mathew and ors.

Court : Kerala

Decided on : Jul-13-1967

Reported in : 1968CriLJ561

..... -court. the most important point to be considered in respect of the transaction, is whether the alleged sale was complete or it was only in the stage of an executory contract.exhibit d.4 is the assignment deed executed by the company in favour of the corporation. under the terms and conditions set forth in ext. d.4 it is patent ..... contract intend it to be transferred. the intention of the parties as expressed in the contract or inferred from their conduct and other circumstances of the case baa to be considered. in the present cast it was the intention of ..... the machinery and the plant, to the vendee until the sanction was obtained from the corporation. under section 19 of the indian sale of goods act, where there is a contract for the specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the .....

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Sep 15 1967 (HC)

C. Krishnaswami Rao Vs. the State of Madras

Court : Chennai

Decided on : Sep-15-1967

Reported in : [1968]22STC146(Mad)

..... to the supplier. again what was supplied was not the earth but the bricks which were something different. there was another express term in that contract which provided that the bricks would remain at the appellant's risk till delivery to the company. from this, the conclusion was naturally reached ..... the specific features indicated above, chandra bhan gosain v. state of orissa [1963] 14 s.t.c. 766 places a different complexion even upon contracts of this kind. the question is whether this view of the tribunal can be sustained.5. in the decision of the supreme court the facts are ..... stacking at places shown by the corporation officers for measurement'; and the rate is given as rs. 39. under the special conditions of the contract, the contractor is directed to quarry the earth free of cost only from certain specified survey numbers and only from the locations indicated in those ..... not serve to distinguish his case from the reported decision. accordingly the tribunal held that the agreement was not in the nature of a works contract but that the supplies of goods thereunder, could be regarded only as sales. the alternative contention that relief should be given at least to ..... tax appellate tribunal, the assessee claimed exemption of the entire turnover on the ground that there was no sale of goods involved, that only a contract for the manufacture and supply of bricks was entered into between himself and the neyveli lignite corporation. it was established that for the previous assessment .....

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Sep 29 1967 (HC)

T.V. Sundaram Iyengar and Sons (P.) Ltd. Vs. the State of Madras

Court : Chennai

Decided on : Sep-29-1967

Reported in : [1970]25STC160(Mad)

..... intention of the parties has to be gathered only from the terms of the filled in order forms and connected vouchers rather than from the contracts entered into between the parties which were not produced before the revenue or the tribunal. considerable reliance has been placed for the assessee on the ..... the railway administration. the main ground for holding that the transaction was not a sale of goods was that there was a stipulation in the contract that immediately the manufacturer brought plant and materials upon the land of the railway, the property in them must be deemed to be the property ..... nevertheless, its conclusion that the transactions were sales of goods appears, in our opinion, to be correct. no contracts or agreements, as such, were produced by the assessee and the nature of the transactions relating to supply of bus-bodies has to be fixed ..... the predominating element, that the use of labour and skill was only incidental and that, therefore, the element of sale predominated over the element of contract of work and labour.3. the phraseology so used by the tribunal is not accurate and reveals an approach not altogether apposite to the facts. ..... turnover under this head was in the first instance, on the claim of the assessee, excluded from charge on the ground that it consisted of works contract. this was, however, included in the taxable turnover and the assessment to that extent was enhanced in disposing of an appeal filed by the assessee .....

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Oct 03 1967 (HC)

The Government of Madras, Represented by the Superintending Engineer, ...

Court : Chennai

Decided on : Oct-03-1967

Reported in : (1969)1MLJ13

..... order, the prior correspondence should not have been referred to at all, and the views of the superintending engineer are totally irrelevant. as we have pointed out, the true contracting parties are the government and the company, and the only proper interpretation of the government order is that, fully cognisant of the prior facts and correspondence, the government chose to ..... direction of his excellency the governor of madras '. thus it is very clear that the superintending engineer (public health) is a nominee of the government, who enters into the contract as authorised by the government and under the directions of the government. indeed, it was for that very reason that the superintending engineer later affirmed that he could not grant ..... at the moment, that the government order must be construed as subject to the previous correspondence, and that, since it was the superintending engineer (public health) who under the contract, was entitled to extend the time, the government order must be read as though the extension was subject to the condition that the price variation clause could not be invoked ..... indians hume pipe co., ltd. and the government of madras, represented by the superintending engineer (public health), madras, there was an arbitration upon certain matters as provided for in the contract itself. the arbitrator was the superintending engineer (special buildings circle), p.w.d. and the relevant findings in the award are (1) that the extra amount claimed by the company .....

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Sep 20 1967 (HC)

Rai Bahadur Shreeram Durga Prasad Private Ltd. and ors. Vs. the Union ...

Court : Chennai

Decided on : Sep-20-1967

Reported in : (1969)1MLJ547

..... certainly requires the intending exporter to declare the full export value and not merely this, to give an assurance that this is the same as that contracted with the buyer. if the present averments are true, that certificate would be a false one, thereby rendering applicable the penal provisions of section 22 ..... in question. .section 12 (1) declarations were duly made, they were scrutinised by the authorities, the requisite documents, which probably included the original contracts with the foreign buyers, were called for and examined, and the exports were permitted under the law. how then it is possible to contend that ..... above are true and(a) that the invoice value declared is the full export value of the goods and is the same as that contracted with the buyer.(b) that this is a fair valuation of the goods which are unsold.i/my principals undertake that i/they will ..... have experienced great difficulty in tracing out what really happened at that time, viz., which particular documents, most probably inclusive of the originals of the contracts with the foreign buyers were produced by the intending exporters, and how the authorities were satisfied that these exports were proper, and should be permitted. ..... secret arrangement between the exporters and the foreign buyer, for an extra payment, at specified rates, over and above the rate mentioned in the original contract shown to the department at the time of exports, and in the invoices, the particulars of which are embodied in the g.r. 1 .....

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Dec 18 1967 (FN)

TcherepnIn Vs. Knight

Court : US Supreme Court

Decided on : Dec-18-1967

..... treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known ..... is tied directly to the amount of profits city savings makes from year to year. clearly, then, the petitioners' withdrawable capital shares have the essential attributes of investment contracts as that term is used in 3(a)(10) and as it was defined in howey. [ footnote 21 ] but we need not rest our decision on that ..... participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit, for a security, or in general, any instrument commonly known as a 'security,' or any certificate of interest or participation in ..... . of the several types of instruments designated as securities by 3(a)(10) of the 1934 act, the petitioners' shares most closely resemble investment contracts. "the test [for an investment contract] is whether the scheme involves an investment of money in a common enterprise with profits to come solely from the efforts of others." id. at .....

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