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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 5 of about 477 results (0.039 seconds)

Mar 26 1969 (HC)

Owen Vs. Pook (inspector of Taxes).

Court : Andhra Pradesh

Decided on : Mar-26-1969

Reported in : [1969]74ITR247(AP)

..... in return for acting as or being an employee.... the money was not paid to him as wages.'later in his judgment lord radcliffe appears to treat a claim for indemnity as not assessable. the facts in that case were widely different from the present, but it the proper test is whether the sum is a reward for services, them, in ..... not suggested that any duties were performed in london. in the present case there is a finding of fact that dr. owens duties commenced at the moment he was first contracted by the hospital authorities. this is further emphasised by the finding that his responsibility for a patient began as soon as he received a telephone call and that he sometimes ..... be answered in the light of the particular facts of every case whether or not a particular payment is or is not a profit arising from the employment. disregarding entirely contracts for full consideration in money or moneys worth and personal presents, in my judgment not every payment made to an employee is necessarily made to his as a profit arising .....

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Dec 31 1969 (HC)

Durjan Kuar and ors. and Piarey Lal and ors. Vs. Naraini Kuar

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All738

..... 3rd chapter of the civil procedure code, though it is worthy of observation that the provisions of orders 17 and 19, as to adding persons from whom a defendant claims contribution or indemnity, or others whom the court or judge thinks should be joined for the purpose of a question being determined, not only as between the plaintiff and defendant, but between them ..... test as to the joinder of defendants should be whether the relief sought is 'in respect of the same matter,' or the liability alleged to exist relates to 'any one contract.'7. now let us see how the language of these sections is applicable to the cases under consideration. so far as the two sets of plaintiffs are concerned, it is ..... , exercised his discretion in passing the two orders appealed.5. no doubt it is most desirable, when litigation has been instituted in respect of a particular subject-matter or specific contract, that the court having cognizance of it should see that all questions directly springing out of it should be raised and dealt with once and for all, and that all .....

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Jun 16 1969 (HC)

T. Linga Gowder Vs. State of Madras, Represented by the District Fores ...

Court : Chennai

Decided on : Jun-16-1969

Reported in : (1970)1MLJ503

..... government, in law, cannot retain and for restraining the government from taking coercive measures against him for recovery of the deficiency. when it is found that there is no valid contract between the plaintiff and the government the claim for deficiency put forward by the government cannot stand. equally the government cannot claim to retain the earnest money deposited by the ..... can withdraw it at any moment until an absolute acceptance has taken place.in somasundaram pillai v. provincial government of madras : air1947mad355 , the division bench observed:to have an enforceable contract there must be an offer and an unconditional acceptance. a person who makes an offer has the right of withdrawing it before acceptance, in the absence of a condition to ..... is subject to confirmation. it was not signified in any manner at the time of the auction that the plaintiff's highest bid was accepted. there was, therefore, no concluded contract, and, before there was confirmation by the district forest officer, the plaintiff withdrew his bid. even if in the circumstances the acceptance of the plaintiff's bid could he spelled ..... by confirmation in accordance with the conditions of the sale, he had withdrawn his bid. the learned subordinate judge, nilgiris, upheld the plaintiff's contention that there was no concluded contract and granted him the declaration as prayed for and decree for the refund of the earnest deposit. on appeal, the learned district judge, coimbatore, took the view that there was .....

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Mar 27 1969 (HC)

Bidyut Kumar Chatterjee and ors. Vs. Commissioner for the Port of Calc ...

Court : Kolkata

Decided on : Mar-27-1969

Reported in : (1970)IILLJ148Cal

..... .it is, therefore clear from this authority also that it was not a special remedy which was sought but a common law right under a contract of service.32. declaratory judgments and reliefs about declarations are changing in the modern context. merely declaratory judgments are now being given and the court ..... to cover the present claim or demand.23. i have, therefore, come to the conclusion that the plaintiffs' cause of action is based both on contract as well as on the statute. the plaintiffs therefore have a legal right to agitate this claim, under section 9 of the civil procedure code subject to ..... resolution of the government of india as well as the plaint record the demands of the labour in this respect. the contract by which the parties agreed to meet those demands by joint committee therefore does not lack legal consideration. the consideration is not only industrial peace ..... cause of action. it has been contended on behalf of the defendants that even if it was an agreement, it was an agreement or a contract without consideration. i am not impressed by this contention of the defendants. the consideration is tremendous. the report as well as the 20th july 1958 ..... should be final and binding on all the parties. this, i consider, makes the decision of the jeejeebhoy committee in respect of their recommendations a contract between the parties. it was also significantly pointed out that on the ground that the decision was to be final and binding on all the parties .....

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Dec 31 1969 (FN)

Baldy Vs. Hunter

Court : US Supreme Court

Decided on : Dec-31-1969

..... government recognizing its authority. that within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the ..... in its multiplied forms was there transacted. the simplest purchase of food in the market, as well as the largest dealings of merchants, were generally made in this currency. contracts thus made, not designed to aid the insurrectionary government, could not therefore without manifest injustice to the parties, be treated as invalid between them. hence, in thorington v ..... with civil government or the regular administration of the laws. order was page 171 u. s. 397 to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in time of peace. no one that we are aware of seriously questions the ..... page 171 u. s. 389 within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the .....

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Dec 09 1969 (FN)

First Nat'l Bank in Plant City Vs. Dickinson

Court : US Supreme Court

Decided on : Dec-09-1969

..... . the bank also urges that creation of a deposit being purely a matter of intent, the issue is governed exclusively page 396 u. s. 136 by the private contract. since these contracts must be interpreted under state law, the argument runs, no "deposit" is actually received as such until monies delivered to the armored car or the receptacle are physically ..... delivery from bank to depositor. unless otherwise authorized in writing, only the undersigned shall be permitted to receipt the bank's messenger for monies delivered to depositor. . . ." [ footnote 4 ] " contract " "first national bank, plant city, fla., as messenger and agent for principal named on front side hereof, agrees to transmit the currency, coin and checks detailed on the front side ..... can agree that, until monies are physically delivered to the bank, no deposit will be credited to the customer's account. [ footnote 9 ] we are satisfied, however, that the contracts have no significant purpose other than to remove the possibility that the monies received will become "deposits" in the technical and legal sense until actually delivered to the chartered premises ..... supplied with envelopes and transmittal slips identical to those used by the armored car messenger service. the envelopes recited that the funds transported were accepted in accordance with the contract printed on the transmittal slip. a sign at the receptacle recited that the messenger who collected the funds acted as agent for the customer, that funds would not be .....

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Jan 13 1969 (FN)

Thorpe Vs. Housing Auth.

Court : US Supreme Court

Decided on : Jan-13-1969

..... of 1964, 78 stat. 252, 42 u.s.c. 2000d-1 which directs each federal agency that administers federal financial assistance "by way of grant, loan, or contract other than a contract of insurance or guaranty . . . to effectuate the provisions of section 601 [which prohibits racial discrimination in the administration of any program receiving federal financial assistance] . ..... footnote 15 ] hud has page 393 u. s. 275 issued a low-rent management manual, [ footnote 16 ] which contains requirements that supplement the provisions of the annual contributions contract applicable to project management. [ footnote 17 ] according to hud, these requirements "are the minimum considered consistent with fulfilling federal responsibilities" under the act. [ footnote 18 ] changes ..... local control of federally financed housing projects. pp. 393 u. s. 277 -278. (c) the respective obligations of hud and respondent under the annual contributions contract between them, and the lease agreement between petitioner and respondent, remain unchanged by the circular, which therefore does not involve any impairment of contractual obligations in violation of ..... its judgment pending this court's decision. respondent urges that the circular (1) is only advisory; (2) if mandatory, constitutes an unconstitutional impairment of respondent's contract with hud and its lease agreement with petitioner, and (3) if constitutional, does not apply to eviction proceedings commenced before its issuance. held: 1. housing authorities .....

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Sep 10 1969 (HC)

B. Malik Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Sep-10-1969

Reported in : AIR1970All268

..... :--'thus the essential structure of the secretary of state services was altered and the basic foundation of the contractual-cum-statutory tenure of the service disappeared. it follows that the contracts as well as statutory protection attached thereto came to an automatic and legal termination.'the indian administrative service, as observed in the majority judgment delivered by wanchoo, j. (as ..... application and, after quoting the above statement of lord russell, proceeded to say:'the same view was expressed by this board in a similar case where it is stated:'contracts are expressed in terms of the unit of account, but the unit of account is only a denomination connecting the appropriate currency.''the unit of account must accordingly be ..... or discharge, the obligation of the surety is also extinguished. the creditor cannot then complain that the extinction of the obligation of the surety impairs the obligation of his contract with the principal debtor. so here, on the lawful extinguishment of the principal right to payment in sterling, the alternative right of conversion of sterling into rupees is automatically ..... v. state of u.p. : air1959sc564 for the application of the de minimis rule).11. the constitution of the u.s.a. absolutely forbids any impairment of the obligations of contract. speaking in that context. justice holmes made this generalised remark: 'constitutions are intended to preserve practical and substantial rights, not to maintain theories'. davis v. mills, (1904) 194 .....

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Mar 11 1969 (SC)

Atma Das Vs. Suriya Prasad

Court : Supreme Court of India

Decided on : Mar-11-1969

Reported in : (1969)3SCC616

..... him has also not been demanded by the government. failure to settle the respective claims does not evidence an intention to keep the original contract as subsisting. for more than 5 years 8 months the appellant and the government of india have not taken steps for settlement of their ..... he returned the building materials and the tools supplied to him, and rectified the defects pointed. the letters do not evidence a subsisting contract; they emphasise that the contract was treated as determined.12. after april 12, 1961, there is on the record no correspondence between the appellant and the government. ..... have power to adopt any of the following courses, as he may deems best suited to the interests of government:(a) to rescind the contract (of which rescission notice in writing to the contractor under the hand of the divisional officer shall be conclusive evidence), and in which case ..... been abandoned?(3) if the project was not abandoned, was it intended to get the same completed through the appellant under the terms of the contract, dated february 25, 1954?the parties were given liberty to lead evidence on those issues. accordingly the parties led oral evidence and produced a ..... , we called for findings from the high court of madhya pradesh on the following three issues:(1) whether the work undertaken by the appellant under the contract, dated february 25, 1954, had been completed before january 19, 1967, departmentally or through other contractors?(2) if the work was not completed on .....

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Nov 06 1969 (SC)

Deb Dutta Seal Vs. Ramanlal Phumra and ors.

Court : Supreme Court of India

Decided on : Nov-06-1969

Reported in : AIR1970SC659; (1969)3SCC821

..... lr 405 the use of the present tense regarding the deposit on the facts of the case was said not to make the document the contract between the parties. besides one must always remember that the language of a document in english drafted by ordinary commercial people of india is not ..... the memorandum although of paramount importance are not conclusive.(d) if the memorandum does not contain all the terms necessary to give itefficacy as a contract of mortgage noregistration is necessary.(e) if the evidence shows that thememorandum was executed with the intention that it should be the repository ofthe bargain ..... and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document, being merely evidential does ..... , and the appropriate evidence, or their agreement. if this memorandum was of such a nature that it could be treated as the contract for the mortgage, and what the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by ..... was said by couch c. j.:the rule with regard to writings is that oral proof cannot be substituted for the written evidence of any contract which the parties have put into writing. and the reason is that the writing is tacitly considered by the parties themselves as the only repository .....

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