Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 6 of about 477 results (0.039 seconds)

Dec 31 1969 (FN)

Van Winkle Vs. Crowell

Court : US Supreme Court

Decided on : Dec-31-1969

..... the seller, for the purpose of testing its quality or capacity prior to the full acceptance of the machinery as a compliance with the contract and the relinquishment of the vendor's right of the property, is not inconsistent with the property being with the vendor, notwithstanding such possession ..... a question of intention, to be determined by a consideration of the situation and surroundings of the parties and the subject matter of the contract, and the stipulations to be observed and performed by the parties with respect thereto. the burden of showing satisfactorily that the title has ..... conclusion of law, to be drawn from the undisputed facts of the case, and the witness could not testify to such legal conclusion. the contract contained no stipulation that belser & parker were to be allowed to test the machinery before accepting it. moreover, any provisions in regard to erecting ..... such inspection in december, 1885, and that belser & parker, prior to that time, did not accept the machinery as a compliance with the contract, and then only accepted it conditionally upon the plaintiffs' supplying and changing certain parts of the machinery. that testimony was admitted against the objection of ..... wrote the paper, which belser & parker signed and delivered to him. no other agreement was made than the one contained in that paper. by that contract, the plaintiffs obliged themselves (1) to ship to belser & parker the machinery named therein, (2) to pay the freight thereon to mitchell's station .....

Tag this Judgment!

Dec 31 1969 (FN)

United States Vs. American Tobacco Co.

Court : US Supreme Court

Decided on : Dec-31-1969

..... . the conley foil company has acquired all the stock of the johnson tinfoil & metal company -- a defendant -- of st. louis, a leading competitor, and they supply, under fixed contracts, the tinfoil used by defendants. r. j. reynolds tobacco company (winston-salem, north carolina). in 1899, the continental tobacco company acquired control of the r. j. reynolds tobacco company ..... view of stock ownership or from the standpoint of the principal corporation and the accessory or subsidiary corporations, viewed independently, including the foreign corporations insofar as by the contracts made by them they became cooperators in the combination -- comes within the prohibitions of the first and second sections of the anti-trust act, it remains only finally ..... any indirection, the prohibitions of the statute. considering, then, the undisputed facts which we have previously stated, it remains only to determine whether they establish that the acts, contracts, agreements, combinations, etc., which were assailed were of such an unusual and wrongful character as to bring them within the prohibitions of the law. that they were, in ..... exhibits 1 and 2 hereto." "4. that the british-american tobacco company be adjudged an unlawful instrumentality, created solely for carrying into effect the objects and purposes of said contract, combination, and conspiracy entered into on or about september 27, 1902, and thereafter, and that it be enjoined from engaging in interstate or foreign trade and commerce within .....

Tag this Judgment!

Oct 29 1969 (SC)

Coffee Board, Bangalore Vs. Joint Commercial Tax Officer, Madras and a ...

Court : Supreme Court of India

Decided on : Oct-29-1969

Reported in : AIR1971SC870; (1969)3SCC349; [1970]3SCR147; [1970]25STC528(SC)

..... a transaction cannot be one 'in the course of export'. it may still be held to be such a transaction provided it is established that the contract between the seller and the third party 'occasions' the export. basu, j., followed this decision in serajuddin & company v. commercial tax officer 23 s ..... export quota merely enables the purchaser to obtain export licence, which he may or may not obtain. there is nothing in law or in the contract between the parties, or even in the nature of the transaction which prohibits diversion of the goods for internal consumption. the sellers have no concern ..... seller to export, there must be an obligation to export, and there must be an actual export. the obligation may arise by reason of statute, contract between the parties, or from mutual understanding or agreement between them, or even from the nature of the transaction which links the sale to export. ..... the sale and export, the two activities being so integrated that the connection between the two cannot be voluntarily interrupted, without a breach of the contract or the compulsion arising from the nature of the transaction. in this sense to constitute a sale in the course of export it may be ..... belgium, inspected there and imported into india for the consignee. movement of goods from belgium to india was in pursuance of the conditions of the contract between the assessee and the director-general of supplies. there was no possibility of these goods being diverted by the assessee for any other purpose. .....

Tag this Judgment!

Feb 03 1969 (HC)

Vora Mulla Taheralai Mulla Akbaralli Vs. Manoranjan Barua

Court : Gujarat

Decided on : Feb-03-1969

Reported in : AIR1970Guj122; (1969)GLR950

..... anybody claiming under the transferor. hence the transferee as a plaintiff cannot avail himself of the benefits of the doctrine of part performance of contract for sale as against an invasion on his rights by attaching credirtor of the transferor.' in that case the orissa high court has dissented ..... plaintiff had an unregistered document of sale in her favour and since she was already in possession of the property, the continued that possession under the contract of sale. the subsequent purchaser from the owner obtained an order of eviction. she filed objections under o. 21, rules 99 and 100, but ..... . the question arose whether under section 53-a of the transfer of property act, a person in possession of the property under an unregistered contract of sale could maintain such an action. the judicial committee negatived the right of the plaintiff to maintain an action of this kind. while ..... though the transferee has not acquired any title to the property by a registered document. the fourth paragraph therefore, lays down that even though the contract, though required to be registered, has not been registered, or, that the transfer has not been completed in the manner prescribed therefor by the ..... itself create any interest in or charge on such property'. there is therefore no room for the application of the english equitable doctrine that 'a contract for sale of real property makes the purchaser the owner in equity of the estate'.'9. mr. patel, the learned advocate for the plaintiff .....

Tag this Judgment!

Dec 31 1969 (HC)

Wheels India Limited Vs. Khemchand Rajkumar and anr.

Court : Chennai

Decided on : Dec-31-1969

Reported in : (1970)2MLJ648

..... property in the said goods thereupon passed to the plaintiffs. none of the defendants had any further obligation or liability whatsoever to the plaintiffs or anybody else under the said contract or otherwise in respect of any eventuality or contingency including that of transhipment. the goods were off loaded at saigon from the vessel under instructions and directions from the government ..... of the united states of america. such a fundamentally different situation arose unexpectedly through no fault of any of the parties and could not be reasonably foreseen. the said contract in the premises ceased to bind the parties thereto and become incapable of being performed. the first defendant does not admit the particulars of alleged extra charges or freight charges ..... mentioned therein to the plaintiffs. the correspondence shows that the first defendant had played the role of only a negotiator on behalf of the second defendant in respect of the contract and have done nothing except bring the plaintiffs and the second defendant together into the contractual relationship. when there was delay in the arrival of the ship, the plaintiffs ..... defendant for the transhipment of the goods from saigon to madras and not the first defendant. there is therefore absolutely no basis for upholding the plaintiffs' contention that the contract for the supply of goods was made by the first defendant on behalf of the second defendant. it necessarily follows that there is no room for invoking any presumption that .....

Tag this Judgment!

Dec 31 1969 (FN)

The Irrawaddy

Court : US Supreme Court

Decided on : Dec-31-1969

..... expenses of putting into a port of refuge in consequence of a collision due to the fault of the captain, the shipowner being exonerated by his contract from the consequences of this fault. in this case, the parties had stipulated that general average expenses should be payable under the york-antwerp rules, ..... the steamer amerique after having found that the abandonment of the ship was imputable only to the master and crew, and had held that a contract exempting the ship from the consequences of negligence, permitted the owners of the ship to recover from the owners of the cargo their share in ..... the master and crew. what was the reasoning on which the courts proceeded in holding that it was against public policy to permit shipowners to contract for exemption from liability for the negligence of their agents? was it not that such a state of the law would impel the shipowners to ..... to public policy, and in this particular the owners of american vessels were at a disadvantage as compared with the owners of foreign vessels, who can contract with shippers against any liability for negligence or fault on the part of the officers and crew. this inequality, of course, operated unfavorably on the american ..... . liverpool navigation co. v. phenix ins. co., 129 u. s. 397 . further, it has frequently been decided by this court that in every contract for the carriage of goods by sea, unless otherwise expressly stipulated, there is a warranty on the part of the shipowner that the ship is seaworthy at .....

Tag this Judgment!

Dec 31 1969 (FN)

Vicksburg Vs. Vicksburg Waterworks Co.

Court : US Supreme Court

Decided on : Dec-31-1969

..... 1905, be and the same is hereby made permanent." " fourth. that the said defendant be, and is hereby, enjoined from in any manner interfering with the complainant's contract rights under its said contract with the city of vicksburg, entered into between samuel r. bullock & company and said city, under the ordinance of november 19th, 1886." " fifth. that the defendant ..... in every respect legal, valid, and enforceable and binding upon said defendant, and said defendant is hereby perpetually enjoined from infringing, ignoring, rescinding, or denying liability under said ordinance, contract, and franchise in any of its parts, or from in any manner disturbing or interfering with the rights, privileges, and benefits acquired by complainant thereunder." " third, that said defendant ..... ordinance on the ground that it was ultra vires and without authority from the legislature. in that case, the authority conferred was in general terms, authorizing the city to contract with any reliable corporation, association, or individual for supplying the city of jackson with water and electric or gas lights from year to year. under authority of this ..... purchased by a mr. crumpler, who assigned all his rights and title to the vicksburg waterworks company, the appellee herein, which company has operated the works since. the contract contained an agreement to pay a stipulated rental for certain hydrants for public use. the legislature of mississippi, on march 18, 1900, passed an act authorizing the city to .....

Tag this Judgment!

Feb 26 1969 (HC)

Dhirajlal Valji Kotak Vs. Ramchandra Janglaji Gujar and anr.

Court : Mumbai

Decided on : Feb-26-1969

Reported in : AIR1970Bom290; (1970)72BOMLR436; 1970CriLJ1062; ILR1970Bom1074; 1970MhLJ93

..... to accept the proposal but it may not necessarily follow that where that other person had no choice but to accept the proposal the transaction would never amount to a contract. apart from this we need not, however, consider this argument because throughout the case was argued on the footing that the transaction was a 'sale'. that was evidently because here ..... court:, it was argued before the supreme court that a sale for sample is not a sale which partakes of the usual nature of sale, namely, that it is a contract voluntarily entered into, and that therefore it cannot be held to be a sale within the meaning of the act. the supreme court referred to several madras decisions under the ..... sample tender of the price thereof and then proceeded to repel the contention by observing:'but mr. anthony contends that a contract must be consensual and that this implies that both the parties to it must act voluntarily. no doubt a contract comes into existence by the acceptance of a proposal made by one person to another by that other person. that .....

Tag this Judgment!

Feb 26 1969 (HC)

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All518; [1969]24STC508(All)

..... background of the law social, political and economic, has changed. laissez-faire as an ideal has been supplanted by 'social security;' and social security suggests status rather than contract...............'the supreme court has repeatedly stressed that in the changing social pattern of today, the area within which a prospective buyer and an intending seller can bargain has been greatly ..... contention was not accepted by the supreme court. bachawat, j., speaking for the court, referred to the related provisions of the indian sale of goods act and the indian contract act and, analysing the position under the andhra pradesh sugarcane (regulation of supply and purchase) act and the rulesframed under it; he observed:--'.................... the canegrower in thefactory zone is ..... held, by majority (kapur and shah, jj.), that the transactions of despatches of sugar by the assessee pursuant to the directions of the controller were not the result, of any contract of salereference was made to state of madras v. gannon dunkerley & co. (madras) ltd. : [1959]1scr379 where while examining the validity of statutes of provincial legislatures imposing sales ..... in assessment proceedings under the bihar sales tax act. 1947 the assessee contended that the supplies made by it could not be described as sales because there was no contract of sale. the facts disclose that the govt. of different states intimated their requirements of sugar to the sugar controller of india from time to time. after considering .....

Tag this Judgment!

Dec 31 1969 (HC)

inayatullah Vs. Gobind Dayal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All775

..... digest, on which the learned judges of the calcutta court relied, that they owe their origin to extremely technical rules of the muhammadan law of contract, procedure or evidence, in none of which departments of law are we bound by those technicalities. the muhammadan substantive law, in matters governed by ..... goes far to show that this conclusion cannot be right. if by the expression 're-purchase' is meant the institution of a new contract of sale other than that entered into by the vendor and the vendee, the hypothesis becomes obviously erroneous, because the entire argument, that the ..... interpretations, they adopted the more lenient one, acting upon the presumption that a legal obligation does not exist till expressly provided, and that all contracts are lawful unless expressly prohibited by law. the law, therefore, as it stands, does not oblige the vendor to give notice of the projected ..... right of preemption does not prohibit sale in general regardless of the purchaser, of the amount of the price, and other terms of the contract of sale; and because the right is in its very nature incapable of being asserted or exercised till these matters are definitely ascertained, it ..... once belonged to it. the consent of fellow-villagers, according to the mitakshara, is required for the publicity of the transaction merely; but the contract is not invalid without their consent. the consent of neighbours tends to obviate future disputes concerning boundaries. the consent of kinsmen and co-parceners .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //