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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 12 of about 477 results (0.042 seconds)

Sep 15 1969 (SC)

P. Hanumanthiah and Company Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Sep-15-1969

Reported in : 1969(1)LC642(SC)

..... that the plaintiffs failed to construct the nissen huts types 1, 1a, 2 and 4. with brick ends and thereby had deviated from the contract.20. the contract with the government of india in exercise of the executive authority of the government is by section 175(3) of the government of india act ..... the contractor will supply the purlins and well plates and brick ends will be built in accordance with the specifications and drawing.' in schedule 'b' to contract no.24 which related to list of works showing order of priority and period of completion. under the head 'description of work', it is shown ..... the unsatisfatory nature of the work done and the plaintiffs did not care to comply with the requisition and on that account clause 17 of the contract was complied with. the high court in support of that conclusion referred to certain documents. the s. d. o. made a representation to ..... the contractor. if the work is found to be unsound, imperfect or executed with unskilled workmanship or the materials used are not according to the contract or are of inferior description, the engineer-in-charge has to make a demand in writing specifying the work, materials or articles complained of and ..... the action of the c.k.i.e., was 'indiscriminate and unjustified' since it was in direct contravention of the terms and conditions of the contract prescribing the treatment of defective work. the plaintiffs submitted that non-compliance with the mandatory provision of the conditions rendered the conduct of the c.r. .....

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Jun 16 1969 (FN)

Lear, Inc. Vs. Adkins

Court : US Supreme Court

Decided on : Jun-16-1969

..... secret, and so was liable regardless of the validity of the inventor's contractual and quasi -contractual theories. the trial court, however, required adkins to choose between his contract and tort claims. since the california supreme court completely vindicated the inventor's right to contractual royalties, it was not obliged to consider the propriety of this aspect of the ..... court and courts throughout the land have naturally sought to develop an intermediate position which somehow would remain responsive to the radically different concerns of the two different worlds of contract and patent. the result has been a failure. rather than creative compromise, there has been a chaos of conflicting case law, proceeding on inconsistent premises. before renewing the ..... which would clearly establish the amount of royalties that would be paid. these negotiations finally bore fruit on september 15, 1955, when the parties approved a complex 17-page contract which carefully delineated the conditions upon which lear promised to pay royalties for adkins' improvements. the parties agreed that, if "the u.s. patent office refuses to issue ..... , respondent brought suit in the california courts claiming that both the michigan and california gyros used his patent, and that lear's failure to pay royalties breached the 1955 contract and lear's quasi -contractual obligations. although lear tried to raise patent invalidity as a defense, the trial judge directed a verdict for respondent on the california gyros, .....

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Jan 24 1969 (HC)

Southarn Chemical Works Vs. Mohamed HuseIn FakruddIn Maniar

Court : Mumbai

Decided on : Jan-24-1969

Reported in : AIR1970Bom128; (1970)72BOMLR156; ILR1970Bom645

..... its monthly profit would have been rs. 7,000. the learned trial judge has estimated the damages at rs. 20,527.13. where breach of contract has been established, the plaintiff is undoubtedly entitled to claim damages from the defendant. the plaintiff is, however, expected to take steps to mitigate his ..... out after the licence was received. it was only in august 1959 when probably the defendant got some better temptation from others that he terminated the contract with the plaintiff. in our view therefore, the plaintiff is clearly entitled to claim damages.12. the next question is what should be the ..... of the subsequent restrictions but that an obligation to apply for a licence lay upon the buyers who could not refuse to perform their part of the contract merely by alleging inability. same principle has subsequently been followed in taylor and co. v. landauer and co. (1940) 4 all er 335.9 ..... 's suit saying that the court had to enforce the terms of the contract enjoining upon the defendant to make the necessary application to the chief commissioner for the required sanction and it would then be for the chief ..... by the government. the vendor-appellant could not have sold the house without the permission of the government. as the vendor refused to complete the contract on that ground, the respondent filed a suit. the trial court dismissed the suit. the respondent appealed to the high court who decreed the plaintiff .....

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Dec 08 1969 (HC)

Roopchand Raghavji Phande and ors. Vs. Abhyankar and ors.

Court : Mumbai

Decided on : Dec-08-1969

Reported in : AIR1970Bom351

..... relevant rate of purchase tax applicable thereto as if such dealer had become liable to pay purchase tax on such goods under section 143section 18 is as follows:'notwithstanding any contract to the contrary, where any firm is liable to pay tax under this act, the firm and each of the partners of the firm shall be jointly and severally liable ..... dissolution section 19(3) refers to the liability of a partner as a liability to the extent to which he is liable under section 18 which lays down--'notwithstanding any contract to the contrary, where any firm is liable to pay tax under this act the firm and each of the partners of the firm shall be jointly and severally liable .....

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Dec 31 1969 (HC)

The Bank of Bengal Vs. Cohen

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All598

..... say i entirely agree with them. the appeal must be dismissed with costs.*exclusion of evidence of oral agreement.[section 92:--when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ..... was no consideration for it but it is equally plain that a defendant may not allege an oral agreement, that contradicts or operates in defeasance of a clear contract, which appears upon the face of a written instrument. the law upon this point may be found fully discussed in alrey v. crux l.r. 5 ..... was no doubt framed in accordance with the current of english decisions upon the question of how far parol evidence can be admitted to affect a written contract, and this court must take care in placing a construction upon it, not to create a precedent, that would open the door to indiscriminate parol proof ..... even under clause 3, section 92 of the evidence act. the whole argument for the defendant has proceeded upon a somewhat loose view of the law relating to contracts, as far as it affects negotiable instruments, and the relative position of drawer, payee, and acceptor of a bill of exchange seem to have been entirely ..... but i am disposed to hold that the oral agreement set up is not one that contradicts, varies, adds to, or subtracts from, the terms of the contract, and that both provisos 2 and 3 of section 92 * of the evidence act might apply to his case.3. i do not, however, think that .....

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Dec 31 1969 (HC)

Nanak Ram Vs. MehIn Lal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All487

..... bond has been executed, and the money advanced to the principal debtor, the creditor feeling anxious about the sufficiency of the security, took the contract of guarantee from the surety. in this deed the surety simply promises to make good any deficiency if the property hypothecated by the obligor of ..... , be considered to be characterised by, has not prevented us from applying the plain language and the very clear meaning of section 127 of the contract act, and we now do that by dismissing the present special appeal with costs.spankie, j.11. both parties admit that the instrument on which ..... have remarked, they, strictly speaking, form no part. with respect to the present case, plainer language than that, used in section 127 of the contract act it would he difficult to imagine, and why it should have been thought proper to illustrate it at all i do not very well comprehend. appended ..... for the benefit of nanak bam the lender alone, and, if so, there was undoubtedly no consideration within the meaning of section 127 of the contract act. against the conclusion, indeed, there appears to be nothing in the case excepting the language of the two documents themselves and any general inference ..... executed and delivered his separate engagement, the money bad already passed from the hands of the lender to kalka prasad his borrower, and on a contract which made the latter safe for at least three years, and he had therefore nothing to fear from any dissatisfaction or objection that might subsequently .....

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Sep 26 1969 (HC)

Kripa Ram Gupta Vs. R.K. Talwar and ors.

Court : Allahabad

Decided on : Sep-26-1969

Reported in : AIR1970All296

..... think that is so. it is always open to the state government, or for that matter, any employer to provide for the voluntary retirement of an employee even before the contracted age of compulsory retirement.32. in this view of the matter i am unable to agree with the observations in 1966 all. l. j. 153 = (air 1966 all. 560) that .....

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Dec 31 1969 (HC)

Rohilkhand and Kumaun Bank Limited Vs. Row

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All490

..... 4. on further consideration, i am induced to alter the opinion which i formed when this case came before the divisional bench, that the capacity to contract with reference to age of persons not domiciled in british india should be governed by the indian majority act as the lex loci on the subject.5. ..... mentioned act did not touch persons temporarily residing, but not domiciled, in british india, and we think that it must therefore be taken that their status to contract was still left to be governed by the law to which they were subject,--i.e., the personal law of their personal domicile. such law in the ..... to language its ordinary meaning, we can only interpret this section as declaring that the capacity of a person in point of age to enter into a binding contract was to be determined by his own personal law, whether such law was to be found in the shastras, the shara, the acts of the indian ..... no means so clear or certain that there is any rule of international law which recognises the lex loci contractus as governing the capacity of the person to contract; but conceding for the moment it does, it nevertheless seems to us that the specific limitation of the provisions of the act of 1875 to 'domiciled ..... the age at which a european british subject is to be held to have attained majority in this country, so as to be capable of making a contract, we feel ourselves bound to follow the established rule of the courts, and to hold that the privileges and disabilities of minority (so far as they .....

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Dec 31 1969 (HC)

Mul Chand and ors. Vs. Prag Narain

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All535

..... these are authorities for holding that if the seller elects to re-sell, he must do so within a reasonable time from the date on which the contract was finally repudiated by the buyer. any other conclusion might cause undue hardship to the buyer. a seller may, with the deliberate intention of causing ..... the letter received by him from messrs. sanderson and company was, to say the least of it, disingenuous. he certainly knew that he had signed a contract, the other party to which was the plaintiff mul chand, and it was certainly not the fact, upon his own admissions, 'that he never had ..... address of the plaintiffs at cawnpore in which he stated that the contract had by mutual consent been cancelled, and asked jaggi lal to intimate that fact to munshi nawal kishore by letter. whether that letter reached the ..... as to the nature of the conversation the parties are at variance. while munshi nawal kishore alleged that jaggi lal released him from liability under the contract, jaggi lal denies that he did so. on the 10th of october 1891, munshi nawal kishore caused a letter to be despatched from lucknow to the ..... munshi nawal kishore purchased from the plaintiffs 500 shares owned by them in the cawnpore cotton mills company for a consideration of rs. 40,000. a contract in writing was signed by munshi nawal kishore. it was agreed that the price should be paid and the share-certificates delivered on the 25th of .....

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Nov 27 1969 (HC)

Commissioner of Income-tax Vs. Maharaja Pateshwari Prasad Singh

Court : Allahabad

Decided on : Nov-27-1969

Reported in : [1970]76ITR208(All)

..... a debtor, the creditor is not at liberty to credit the payment towards the principal, but is under an obligation to credit the payment towards interest. section 60 of the contract act states: 'where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the, payment is to be applied, the creditor may apply it ..... first instance, towards the outstanding interest.' 6. in chaganlal shrilal v. gopilal choturam a.i.r. 1954 m.b. 151, it was held that sections 59 and 60 of the contract act provide that the debtor has, at the time of making payment, a right to intimate that the payment is to be applied towards the liquidation of a particular debt ..... recovery is or is not barred by the law in force for the time being as to the limitation of suits.' 9. it is true that section 60 of the contract act makes ho specific referenceto interest due. but, as explained by the madhya bharat high court, the principle of section 60 of the ..... contract act has been applied to a situation whereprincipal and interest are due from a debtor. in such a case when paymentis made by a debtor without any direction as regards .....

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