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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1967 Page 37 of about 364 results (0.041 seconds)

Apr 03 1967 (SC)

Hans Raj Vs. Rattan Chand, Etc.

Court : Supreme Court of India

Decided on : Apr-03-1967

Reported in : 1968MhLJ164(SC); [1967]3SCR365

mitter, j. 1. this is an appeal by a certificate against a judgment of a division bench of the high court at chandigarh in letter patent appeal no. 212 of 1961. the high court allowed the appeal on the ground that the application out of which it arose was incompetent as barred by limitation and in our opinion it did so correctly. the short question before us is whether application leading to this appeal was one under s. 68 of the provincial insolvency act and as such having been mad beyond the period of 21 days from the date of the act of the receiver complained of was cover by the proviso to that section? in substance the argument on behalf of the appellant was that the application was one under s. 4 of the act in which there is no mentioned of any period of limitation. 2. the facts necessary for the disposal of this appeal are as follows : brij lal and hans raj were brother. on an application having been made by the creditors of brij lal in the year 1949 that insolvency judge barnala adjudicated him as an insolvent on 23rd november 1954. two days thereafter, one mohinder lal was appointed as a receiver in insolvency by the order of the court and he was directed to take possession of the property of the insolvent. on 26th and 27th november, 1954 the receiver took possession of various properties of the insolvent and attached some urban property and agricultural land which are the subject matter of the present litigation. hans raj filed an objection application on 21st .....

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Feb 01 1967 (SC)

Workmen of Shri Rangavilas Motors (P.) Ltd. and anr. Vs. Shri Rangavil ...

Court : Supreme Court of India

Decided on : Feb-01-1967

Reported in : AIR1967SC1040; [1967(14)FLR332]; (1967)IILLJ12SC; [1967]2SCR528

sikri, j.1. this appeal by special leave is directed against the judgment of the mysore high court in writ petition no. 1096 of 1961 by which the high court allowed the writ petition and quashed the impugned award dated june 30, 1961, made by the labour court, bangalore, in reference no. 51 of 1960. in order to appreciate the points raised before us it is necessary to give the relevant facts. 2. the second appellant before us, r. mahalingam, was engaged as a foreman in the workshop of sri rangavilas motors (p.) ltd., the first respondent, hereinafter referred to as the company, in the month of april, 1956. by an order dated january 21, 1960, mahalingam was transferred from bangalore to krishnagiri where the head office of the company is situated. mahalingam entered into correspondence with the company alleging that according to the conditions of his employment he could not be transferred from bangalore to krishnagiri. ultimately, the company framed charges against mahalingam and removed him from service by an order dated april 7, 1960. on april 8, 1960, mahalingam complained in writing to the assistant commissioner of labour who was functioning as the conciliation officer at bangalore. later on, one selvaraj took part in the conciliation proceedings on the authority of the resolution dated july 21, 1960, passed at the general body meeting of krishnagiri motor workers' union, among whose members 112 out of 170 were employees of the company. selvaraj filed a statement of claims .....

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Mar 30 1967 (SC)

Capital Multi-purpose Co-operative Society Bhopal and ors. Vs. the Sta ...

Court : Supreme Court of India

Decided on : Mar-30-1967

Reported in : AIR1967SC1815; 1968(16)BLJR159; [1967]3SCR329

wanchoo, j. 1. these are two appeals on certificate granted by the madhya pradesh state road transport corporation (hereinafter referred to as the corporation), constituted under the road transport corporation act, (no. 64 of 1950), came into existence in may 1962 to operate as a state transport undertaking under s. 68-a of the motor vehicles act no. 4 of 1939, (hereinafter referred to as the act). the corporation passed two resolutions in april and may 1964 by which it decided to take over certain routes under chapter iv-a of the act to the exclusion of the existing private operators on those routes. two schemes, namely, nos. 16 and 22 dated may 11, 1964, were published by the corporation inviting objections within 30 days. the schemes appeared in the government gazette of may 22, 1964 and objections thereto were filed by private operators affected thereby within the period prescribed. thereafter the authority empowered to hear objections under s. 68-d of the act gave notices fixing a date for hearing. the hearing was to begin on september 4, 1964, but it was postponed a number of times. finally, arguments were heard on may 20, 1965. the authority passed orders on june 8, 1965 modifying the schemes in certain particulars. on june 11, 1965, the modified schemes were published, but as there were mistakes in them, corrected schemes as modified were finally published on june 18, 1965. 2. then followed writ petitions to the high court in august 1965 by private operators who were .....

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Mar 21 1967 (SC)

L.M. Chhabda and Sons Vs. Commissioner of Income-tax, Gujarat

Court : Supreme Court of India

Decided on : Mar-21-1967

Reported in : [1967]65ITR638(SC)

shah, j.1. the appellants were lessees of a cinema theatre called 'prakash talkies' at ahmedabad and carried on the business exhibiting cinematograph films in that theatre. after the expiry of the lease the landlord filed an action in the civil court in rejectment against the appellants and obtained a decree for possession of the theatre and an order for payment of mesne profits. the civil court in ejectment against the appellants and obtained a decree for possession of the theatre and an order for payment of mesne profits. the civil judge at ahmedabad determined in a proceeding under order xx, rule 12, of the code of civil procedure, the liability of the appellants to pay mesne profits at rs. 2,57,963. in appeal the claim of the landlord for mesne profits was settled by consent and the amount was reduced to rs. 1,90,220. 2. in proceedings for assessment of income for the assessment year 1955- 56 the appellants claimed rs. 92,240 out of the amount of mesne profits as a permissible allowance in the computation of their business income. the income-tax officer disallowed the claim holding that the business of prakash talkies was not carried on by the appellants during the previous year relevant to the year of assessment 1955-56. the appellate assistant commissioner confirmed the order of the income-tax officer holding that mesne profits which the appellants had to pay for wrongfully using the landlord's property must be treated not as a legal charge on the business but as an ex .....

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