Court : US Supreme Court
Decided on : Jun-12-1967
..... to such judicial substitution. although here the court uses it to expand the scope of the fourth amendment to include words, the court has been applying the same process to contract the fifth amendment's privilege against self-incrimination so as to exclude all types of incriminating evidence but words, or what the court prefers to call "testimonial evidence." see united .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-22-1967
Reported in : AIR1969All296
..... . smith v. a. kanny air 1924 pat 231 and jahuri lal v. kandhai lal, air 1935 pat 123.40. one of the cardinal principles in the construction of contracts is that the entire contract must be taken as constituting an organic synthesis, embodying provisions which balance in the sum of reciprocal rights and obligations. it is through the prism of that principle ..... have been referred to by my brother pathak in his opinion. there can also be no doubt that the cardinal principle for the construction of agreements or contracts is that the entire agreement or contract must be taken as constituting an organic synthesis and the whole of it must be read together in order to find out as to what the parties ..... on which it is based and is subject to all the incidents of such agreement, that it is but a contract with the command of a judge superadded to it and in construing its provisions the fundamental principles governing tho construction of contracts are applicable. nagappa v. venkat rao, (1901) ilr 24 mad 265; amrit sun-dari v. sharajuddin, air 1915 cal .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-07-1967
Reported in : AIR1968P& H289
..... boards act and it is such a place which is the seat of the lawyer's business. the learned judges held that the place where the contract is entered into and where the vakalatnama is signed, is the place where the lawyer carries on his profession or trade and that if his office ..... 22 of the sale of goods act has therefore, no application to this case from the evidence on record, it appears that the purchasers enter into unconditional contracts for the sale of specific goods in a deliverable state, they pay for the same at the shop and then obtain delivery of the same from the ..... of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. 22. where there a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, fast or do some other act or thing ..... where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. an agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property ..... the parties, may first be enumerated:-- (i) firm hira singh jagat singh plaintiff-respondent, whom i will call the dealer in this judgment, enters into contracts with its customers at its shop situated on the bank road within the municipal limits of hoshiarpur and outside the area administered by the district board. the dealer .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-1967
Reported in : AIR1968SC503; [1968(16)FLR302]; (1968)ILLJ566SC; 1SCR300
..... entered into agreements even after the dispute was taken up by the union. the present case is, therefore, not analogous to the case of contract labour where employment of labour through a contractor or middleman put the labour at a disadvantage in collective bargaining and thus robbed labour of an ..... the union were among those who resigned as drivers and entered into agreements to become operators. the company further points out that any of the contracts were entered into after the present reference was made to the tribunal. 9. there is no doubt that company is a motor transport undertaking ..... argument on behalf of the union centers round two facts . first, that the resignation of the drivers and cleaners and the setting up of the contract system amounts to an unfair labour practice and exploitation of labour because by this device these and other transport workers are being victimized; and, secondly, ..... the act shall have effect not withstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service whether made before or after the commencement of this act but not so as to take away from a motor transport worker an ..... and madras. 2. on january 14, 1963, the union served a notice of demand upon the company asking for the abolition of a newly introduced contract system for the running of vehicles. this was referred first to the conciliation officer, but later reference was made by government as stated already. the dispute .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-1967
Reported in : AIR1968SC838; 2SCR421; 21STC317(SC)
..... substance of the transaction'. ex facie, the transaction is one in which the legal owner of property transfers it to another pursuant to a contract for a price, and that transaction must be regarded as a sale. whether by appropriate provisions in the articles of association or rules, a ..... for a price refreshments in the canteen maintained by it the four constituent elements of sale are normally present; the parties are competent to contract, there is mutual assent; refreshments which belonged absolutely to the society stand transferred to the buyer and price is either paid or promised. 8 ..... legislature. 7. for turnover from a transaction to be taxable under the act, the transaction must have four constituent elements, viz. (1) parties competent to contract; (2) mutual assent; (3) thing, the absolute or general property in which is transferred from the seller to the buyer; and (4) price ..... legislature may under entry 54 list ii legislate in respect of the series of acts beginning with an agreement of sale between parties competent to contract and resulting in transfer of property from one of the parties to the agreement to the other for a price, and matters incidental thereto ..... business for cash or for deferred payment or other valuable consideration, and includes a transfer of property in goods involved in the execution of a works contract, but does not include a mortgage, hypothecation, charge or pledge; explanation (1). - the transfer of property involved in the supply or distribution .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-04-1967
Reported in : AIR1968SC292; 1968LabIC232; (1968)IILLJ135SC; 1SCR434
..... relation of master and servant governed by the terms of appointment, in the absence of special circumstances, the high court would relegate a party complaining of wrongful termination of the contract to a suit for compensation, and would not exercise its jurisdiction to issue a high prerogative writ compelling the university to retain the services of the vice-chancellor whom the ..... had no power unilaterally to determine the contract, no relief of declaration about the invalidity of the order of the chancellor may be granted in exercise of the jurisdiction of the high court to issue high prerogative writs ..... not unilaterally determine in the purported exercise of an assumed power, and that in any event no such circumstances had been disclosed which would entitle the chancellor to avoid the contract of service which was binding on the university, and submitted that since it was the appellant's case that his appointment as vice-chancellor was purely contractual, and the chancellor ..... held in consonance with the rules of natural justice. the additional solicitor general submitted that since the claim for relief by the appellant was founded on an alleged breach of contract, the remedy of the appellant, if any, lay in an action for damages, and not in a petition for a high prerogative writ. the additional solicitor-general invited our attention .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-20-1967
giles v. maryland - 386 u.s. 66 (1967) u.s. supreme court giles v. maryland, 386 u.s. 66 (1967) giles v. maryland no. 27 argued october 12, 1966 decided february 20, 1967 386 u.s. 66 certiorari to the court of appeals of maryland syllabus petitioners, who were convicted of rape and given death sentences which were later commuted to life imprisonment, brought this proceeding under maryland's post-conviction procedure act alleging that they were denied due process of law by the prosecution's suppression of evidence favorable to them and by knowing use of perjured testimony. the evidence allegedly suppressed concerned (1) a proceeding in prince george's county juvenile court pending prior to the alleged rape, in which a caseworker recommended probation for the complaining witness because she was beyond parental control, (2) an occurrence five weeks after the alleged rape, in which the girl had sexual relations with two men at a party and that night took an overdose of pills resulting in hospitalization in a psychiatric ward for nine days as an attempted suicide, and (3) a hearing in the montgomery county juvenile court on the day of her release from the psychiatric ward which resulted in her commitment to a school for girls. the montgomery county circuit court ordered a new trial, holding that the proof did establish suppression of evidence which, although not in bad faith, constituted a denial of due process. the maryland court of appeals reversed, holding that, "for the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-10-1967
..... his duties in regard thereto, as defined by this act and the laws of the state not in conflict herewith. " page 385 u. s. 474 "every sale, lease, conveyance, or contract of or concerning any of the lands hereby granted or confirmed, or the use thereof or the natural products thereof, not made in substantial conformity with the provisions of this ..... the state capital, and in that newspaper of like circulation which shall then be regularly published nearest to the location of the lands so offered; nor shall any sale or contract for the sale of any timber or other natural product of such lands be made, save at the place, in the manner, and after the notice by publication provided for ..... act are inapplicable here because the state obtains less than a fee interest. this contention is plainly foreclosed by the language of 28, by which "every sale, lease, conveyance, or contract of or concerning any of the lands" is void unless in substantial conformity with the act. [ footnote 7 ] the school lands were granted according to the rigid checkerboard pattern of ..... any of said lands . . . in any manner contrary to the provisions of this act, shall be deemed a breach of trust." finally, it provides that "every sale, lease, conveyance, or contract of or concerning any of the lands hereby granted or confirmed . . . not made in substantial conformity with the provisions of this act shall be null and void. . . ." the parties urge .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-29-1967
Reported in : AIR1969All269
..... the grant of a new permit''. section 58. 'duration and renewal of permits-- (1) (a) a stage carriage permit or a contract carriage permit other than a temporary permit issued under section 02 shall be effective without renewal for such period, not less than three years and not more ..... or, in the case of a stage carriage permit, by increasing the number of services above the specified maximum, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles covered by the permit, shall be treated as an application for ..... needs of the region or of such area, whether such representation is made in connection with a particular application for the grant of a contract carriage permit or otherwise, the regional transport authority may take any such steps as it considers appropriate for the hearing of the representation in the ..... . (6) when any representation has been made by the persons or authorities referred to in section 50 to the effect that the number of contract carriage for which permits have already been granted in any region or any area within a region is sufficient for or is in excess of the ..... section 2 (20). 'permit' means the document issued by the commission or a state or regional transport authority authorising the use of a transport vehicle as a contract carriage, or stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle.... section 42. 'necessity for permits -- (1) .....Tag this Judgment!
Court : Chennai
Decided on : Nov-13-1967
Reported in : (1968)ILLJ356Mad
..... is a case where the workman, by receiving the payments and passing the stampad receipts in fall and final settlement of all their claims have deliberately contracted themselves out of the statute. they have thereby waived their right to claim the statutory benefits under the act. they are, therefore, estopped in ..... not. but in the industrial disputes act, as far as closure compensation is concerned, there appears to be no provision preventing the parties from contracting out of the statute.12. the passing of receipts by the erstwhile employees in full and final settlement of their claims amounts in law to an ..... the question for consideration is whether the parties are prevented or prohibited from entering into a contract contrary to the statute. in melliss v. shirley local board (1885) 16 q.b.d. 446, bowen, l.j., said:we have to find ..... express prohibition to the contrary, the statutory terms may be waived by the parties to the contract. but the conditions in the statute may be imposed in such terms that waiver is impassible. in the instant case, under the industrial disputes act, ..... once they waive the benefits conferred on them, they are estopped by their conduct from settling up a defence. where a statute prescribes that a contract shall be in a particular form, or shall or shall not contain certain terms, the statutory form must be followed. but in the absence of .....Tag this Judgment!