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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1969 Page 8 of about 477 results (0.044 seconds)

Mar 13 1969 (HC)

Jagan Nath Piare Lal Vs. Mittar SaIn and ors.

Court : Punjab and Haryana

Decided on : Mar-13-1969

Reported in : AIR1970P& H104

..... effected, does not create a fresh tenancy in favour of the mortgagee. but there is nothing to prevent the tenant to surrender his earlier tenancy and enter into a fresh contract of tenancy with the mortgagee; and in each case, it will have to be determined on evidence, whether a tenant of the mortgagor did surrender his tenancy and obtained a ..... any such specific provision in the contract of mortgage i am of the opinion that the tenant did not surrender his rights, and that the intention of the parties to the mortgage must be interpreted as being ..... by the mortgage, and that the owner would be entitled to immediate possession on the redemption of the mortgage, this would have been bound to be specified in the mortgage contract and there would in the agreement have been an express surrender by the mortgagee of the rights secured by him as a tenant under the act. in the absence of ..... the tenant in the tenancy on the redemption of the mortgage is a question of fact to be decided according to the terms of the contract between the parties in each case. in this case, the contract is completely silent as to what was to happen if and when the mortgage was redeemed, and it seems quite possible that no trouble at .....

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Apr 18 1969 (HC)

Suraj Bai and ors. Vs. Nawab Mohammed Mukarram Ali Khan and ors.

Court : Rajasthan

Decided on : Apr-18-1969

Reported in : 1969WLN209

..... failed to prove that they had done all these necessary acts, they cannot take the defendant liable for non-performance of his part of the contract, consequently, the plaintiffs are not entitled to get any damages from the defendant and their claim has rightly been dismissed by the trial court.13 ..... as his own; the buyer remains subject to all his obligations and liabilities under, it and enables the seller not only to complete the contract, if so advised, notwithstanding his previous reputation of it, but also to take advantage of any supervening circumstances which would justify him in declining ..... result that without measurements the sale-deed could not be drafted. in the second place, it is urged that the defendant had himself repudiated the contract, though wrongly, by his notice dated the 9th september 1955, ex. 2 and consequently, it was no more necessary thereafter for the plaintiffs ..... . 2500/- as damages. the plaintiffs have further averred that in spite of the defendant's notice dated 9th september, 1955, wrongly repudiating the contract, they called upon the defendant by their notice dated 10th october 1955, that they were still prepared to purchase the property in question and if ..... defendant prevented him from taking the measurements. the plaintiffs have charged the defendants with a fraudulent intention of illegally putting an end to the contract by having to initiated a complaint in respect of the proposed sale in the tehsil jaipur as a result of which the plaintiffs received .....

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Nov 12 1969 (HC)

N. Muthiah Achary and Sons Vs. State of Madras

Court : Chennai

Decided on : Nov-12-1969

Reported in : AIR1970Mad346; [1970]25STC350(Mad)

..... few of them. in man industrial corporation ltd v. the state, (1966) 17 stc 152 : air 1965 hal 234 the court was interpreting a contract, whereunder the assessee. undertook to fabricate steel doors, windows, sashes and works of allied nature and fix them according to the directions of the government ..... provides the labour required for the execution of the totality of the work and further agrees to receive a consolidated sum as consideration therefor, the contract is one and indivisible. in the instant case, from the nature of things. it cannot be predicated that the assessee intended to sell the ..... this court and the supreme court in similar circumstances and whilst considering other allied matters.3. it is now well settled that, when a contract is for fabricating goods of a specification and also for the purpose of affixing the same in immoveable property and the contractor simultaneously obliges himself ..... company. the tribunal, after noting the essential facts as cited by us, came to the conclusion in the beginning that that was a works contract. we may state that the assessing authority was of the view that the disputed turnover was relateable to sale of materials and even so the ..... madras, pvt. ltd., to provide and fix doors and window frames for certain quarters to be constructed by the aforesaid company. there is no written contract evidencing the bargain between the parties. while quoting for the works, the assessee sent up to the company a memo which reads as follows--'providing .....

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Dec 16 1969 (HC)

The Commissioner of Gift Tax, Madras Vs. P. Rangasami Naidu

Court : Chennai

Decided on : Dec-16-1969

Reported in : AIR1970Mad441; [1970]76ITR315(Mad)

..... and wife, with their children, lived together in a house which belonged to the wife; each had separate income. the husband paid to a builder with whom he had made contract, about . 2000 for improvements and repairs to the house. a few months later the husband died. it was found that there was no reason to believe that the deceased would ..... be brought about by the unilateral action of the coparcenery concerned. neither transaction amounts to a transfer of property from one juristic entity to another. a transfer is essentially a contract, a bilateral transaction. the transaction by which a property ceases to be the property of a coparcener and becomes impressed with the character of coparcenery property does not itself amount ..... of that family; he is the karta of the family and the father's position in the family is unique. the father can, to pay off his personal debt not contracted for immoral purposes, alienate family property; also by incurring such debt lay the family estate open to be taken in execution proceedings upon a decree for payment of that debt .....

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Mar 28 1969 (HC)

The Union of India (Uoi) Represented by the Secretary, Ministry of Com ...

Court : Chennai

Decided on : Mar-28-1969

Reported in : (1970)1MLJ19

..... of control, use and enjoyment, that are. recognised and protected by law. in paton's jurisprudence, 3rd edition, at page 481, we find that property necessarily includes the right to, contract : this may come in under article 19 (1) (f), the right to acquire. it is said that the term ' property '' is extended to cover whatever has a present or potential ..... the executive power of the state shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose. the power to make laws with reference to posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication is found in entry 31 of the ..... authorities appear to be inclined to the view that it would depend entirely on the further question whether such benefits under the contract could be acquired held, or disposed of. if that test can be satisfied, rights arising under a contract could well be ' property rights '. the following very brief summary of what could be accepted as ' property ' and what may not ..... v. federal power commission 10 l. ed. 357, the court held, with regard to certain spiral escalation clauses in the contract, that ' if the increase is challenged, the producer must still establish its lawfulness, wholly apart from the terms of the contract.' this, again, exemplifies and illustrates the mutual rights and obligations as between a public utility, whether state-owned or by .....

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May 19 1969 (HC)

Colles Cranes of India Ltd. Vs. Speedeo Spares Corporation

Court : Kolkata

Decided on : May-19-1969

Reported in : AIR1970Cal321

..... beyond time.21. it has been argued by the learned counsel for the defendant that the plaintiff had committed breach of the terms of the contract even before its alleged termination on the 31st december 1964. reliance is placed on the fact that even the letter of termination dated the 31st ..... i cannot but feel that such readiness and willingness in the facts and circumstances of this case can exonerate the defendant from the terms of the contract. it may be noticed here that while the defendants were expressing their readiness and willingness the plaintiff was also expressing its readiness and willingness to ..... were trying all the time to secure these goods. the learned counsel for the defendant also relies on letters subsequent to the termination of the contract such as the letter dated the 13th january 1965 and the letterdated the 12th april 1965, both from the defendant to show that even thereafter ..... within the 10th may 1964. i am therefore, unable to accept the defendant's version on which mr. balal bhattacharjee the witness spoke that the contract really was to supply these goods as and when they could be obtained from the market. no doubt the correspondence indicates at different stages that ..... the defendant denies that time was of the essence of the agreement. it is also alleged in the written statement that the termination of the contract by the plaintiff was not lawful. the fur-ther defence is that the defendant was always ready and willing to deliver thebalance of the said goods .....

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Dec 31 1969 (FN)

Willcox and Gibbs Sewing Machine Co. Vs. Ewing

Court : US Supreme Court

Decided on : Dec-31-1969

..... "exclusive vendor" of the defendant's machines within a particular territory, or because of the peculiar privileges granted to or the peculiar restrictions imposed upon him. one clause of the contract prohibits him from soliciting trade, directly or indirectly, in the territory "of other agents;" another, that he will bind "all subvendors or agents" to sustain the established retail prices ..... denied the company if it desired to dispense with his services? he contends that his life, or the continuance of the company in business, was the shortest duration of the contract, consistently with its provisions, provided he did his duty. this position is untenable. his appointment was made and accepted subject to the conditions expressed in the agreement. no one ..... to the contrary are stipulated. a provision in a contract, otherwise terminable upon reasonable notice, that a violation of the spirit of the agreement shall be a sufficient cause for its abrogation does not imply that it can be abrogated ..... 64 argued october 29, 1891 decided november 76, 1891 141 u.s. 627 error to the circuit court of the united states for the eastern district of pennsylvania syllabus a contract of agency which leaves the agent free to terminate his relations with the principal upon reasonable notice must be construed to confer the same right upon the principal unless provisions .....

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Dec 09 1969 (FN)

Nacirema Operating Co., Inc. Vs. Johnson

Court : US Supreme Court

Decided on : Dec-09-1969

..... lovio v. boit, supra, at 444. since a workmen's compensation act combines elements of both tort and contract, congress need not have tested coverage by locality alone. as the text indicates, however, the history of the act shows that congress did indeed do just that. [ footnote 8 ] act ..... .c.d.mass. 1815) (story, j.) (followed in insurance co. v. dunham, 11 wall. 1 (1871)), encompassing all torts that took place on navigable waters. by contrast, admiralty contract jurisdiction "extends over all contracts (wheresoever they may be made or executed, or whatsoever may be the form of the stipulations) which relate to the navigation, business or commerce of the sea." de ..... ] in fact, a representative of the labor department page 396 u. s. 218 objected to the bill precisely for that reason, urging the committee to extend coverage to embrace the contract, 'and not the man simply when he is on the ship.' [ footnote 13 ] if congress had intended to adopt that suggestion, it could not have chosen a more inappropriate way ..... " of the injury, was nevertheless aimed at broader coverage: coverage of the "status" of the longshoreman employed in performing a maritime contract. we do not agree. congress might have extended coverage to all longshoremen by exercising its power over maritime contracts. [ footnote 7 ] but the language of the act is to the contrary page 396 u. s. 216 and the background of .....

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Jun 16 1969 (FN)

Nlrb Vs. Gissel Packing Co., Inc.

Court : US Supreme Court

Decided on : Jun-16-1969

..... election absent employer coercion. see lesnick, supra, n 17, at 862. any effect will be minimal, at best, however, for there "is every reason for the union to negotiate a contract that will satisfy the majority, for the union will surely realize that it must win the support of the employees, in the face of a hostile employer, in order to ..... producer of mill rolls, wire, and related products at two plants in holyoke, massachusetts, was shut down for some three months in 1952 as the result of a strike over contract negotiations with the american wire weavers protective association, the representative of petitioner's journeymen and apprentice wire weavers from 1933 to 1952. the company subsequently reopened without a union ..... contract, and its employees remained unrepresented through 1964, when the company was acquired by an ohio corporation, with the company's former president continuing as head of the holyoke, massachusetts, division. .....

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Aug 11 1969 (HC)

Bhagwandas Ichharam Panchal Vs. Royal Western India Turf Club Limited

Court : Mumbai

Decided on : Aug-11-1969

Reported in : (1970)72BOMLR764

..... to pay damages to the promisee which would normally be the amount for which the cheque was given. such payment would not constitute performance of the contract according to its terms but payment of damages for its breach,14. the last contention of the defendants is that rule 8 of the rules for ..... question for consideration is whether the plaintiff is entitled to receive payment by cheque and the answer to that question depends upon the special term of the contract between the parties with respect to the mode of payment. in the present case there exists such a special term which is contained in the document, ..... be within his strict legal rights in so insisting, such party would be considered unreasonable in business circles. in sir dinshah mulla's commentary on the indian contract act, 8th ed., at pp. 285 and 286, it is stated :there are hardly any recent english cases on tender of money debts, and the ..... promisor to the promisee. in modern business and commercial practice the general rule is for payment to be made by cheque and today even under a contract, in which no special mode of payment is provided, if the debtor insists upon making payment in cash or the creditor on receiving payment in cash ..... the defendants who hold and conduct the said race. when a person purchases a ticket for the jackpot pool, the terms and conditions of the contract arrived at between such person and the defendants are contained in the rules for the jackpot and in the rules of racing and the general rules .....

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