Court : Kolkata
Decided on : Mar-13-1970
Reported in : AIR1970Cal513,41CompCas603(Cal)
..... moneys recoverable from the appellant under the decree as a loan can be explained. it seems to us that there is no warrant for such an order either in the contract of insurance or in the statute.22. it only remains for us to pronounce the order. the appeal succeeds. the decree of the learned judge against the appellant, the life ..... mention of it is to be found in the grounds of appeal. the policy is embodied in a printed form. some of the printed clauses are patently inapplicable to the contract of insurance evidenced by the policy. no doubt, the words 'children's endowment' appear at the top of the policy in print. be that as it may, nowhere is there ..... proposed to the insurer to effect an assurance on his life, it is abundantly clear from the terms and conditions of the policy that the policy did not effect a contract of insurance upon human life. it did not, because neither the payment of the sum secured on the policy nor the payment of premiums depended on the duration of any .....Tag this Judgment!
Court : Chennai
Decided on : Dec-09-1970
Reported in : AIR1971Mad347; 41CompCas537(Mad); (1971)2MLJ354
..... pass a decree against the insurer without passing a decree against the insured, that is the second respondent, even though the liability of the insurer comes only by way of indemnity. on the question of the quantum of compensation, the appellant contended that the total liability to which it could be made liable is restricted under section 95(2) of the ..... of recovery of damages even though the wrong-doer is an impecunious person the provisions intended to effectuate the compulsory insurance cannot, by any stretch of imagination bring into a contract of assurance which ceases to exist between the insured and the insurer in vie of the vehicle being transferred. section 96 suggests that the insurer cannot avoid liability under the ..... in the insurance policy, the moment the insured parts with his car, the policy relating to it lapses because the car is the subject-matter or the foundation of the contract of insurance. the bench distinguished the decision of anantanarayanan j. in madras motor insurance co. ltd., madras v. md. mustafa badsha, : air1961mad208 wherein he expressed the view that, whatever ..... been made to the following decisions; bhoopathy v. vijayalakshmi, : air1966mad244 lays down the principle that the transfer of ownership of a vehicle will have the legal consequence of terminating the contract of insurance, so that the company (insurer) will no longer be liable under that policy. the division bench in that case, after an elaborate consideration of the relevant decisions on .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-15-1970
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... the age. section 32 prescribes penalty for obstructing an inspector. section 33 prescribes penalty for the offences. section 34 deals with offences by the companies. section 35 is usual indemnity clause for acts done in good faith. section 36 provides how cognizance of the offence under the act shall be taken. 5. the exemption provisions is to be found ..... clearly establishes that the term 'employment' had always a wider connotation. there were precedents before the framers of the constitution of such a wider meaning being given, by including contract labour even in the workmen's compensation act, 1923, or in the bombay industrial relations act, 1946. even the judicial decisions have recognised this position. even the settled tests ..... requiring immediate attention in the bidi and cigar industries were the unhealthy workings conditions, long hours of work, employment of women and children, deduction from wages and the sub-contract system of organization. it was desirable to abolish the outwork system and to encourage establishment of big factories, if protective labour legislation was to be enforced with any degree ..... employment of child labour. women were also employed in large numbers in this industry. the beedi and cigar labour satisfied many of the criteria of sweated labour such as sub-contract system. long hours, insanitary working conditions, home-work (in beedi), employment of women and children, irregularity of employment, low wages, and lack of bargaining power. the conditions .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-01-1970
Reported in : ILR2006KAR2061; 2006(3)KarLJ172
ordermohan shantanagoudar, j.1. this revision petition is filed by the landlords of survey no. 322 situated at nilaji village, of belgaum taluk, measuring 4 acres 16 guntas, challenging the order of granting occupancy rights in favour of 1st respondent herein by the land reforms appellate authority, belgaum in ralr no. 81/87, dated 13,12.1989.2. the records disclose that the 1st respondent herein filed form no. 7 for granting occupancy rights in his favour for the land hearing survey no. 322, situated at nilaji village of belgaum taluk, measuring 5 acres (actually measures 4 acres 16 guntas). the petitioners herein and respondent no. 4 viz., anantha nansaheb pawar, being the legal representatives of deceased 'changunabai, are the landlords of the said property. the land tribunal on considering the material on record, rejected form no. 7 filed by 1st respondent herein by its order dated 4.12.1986. against the said order, ist respondent filed statutory appeal before the land reforms appellate authority, belgaum. both the parties were permitted to lead evidence before the appellate authority. accordingly, both, the parties have led their evidence. the appellate authority after considering the material on record, including the additional evidence, granted the occupancy rights in favour of the 1st respondent by allowing his application in form no. 7. being aggrieved by the order of appellate authority, the present revision petition is filed by the petitioners.3. sri g. balakrishna .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-17-1970
Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69
..... issued its effect is automatic and those in charge of the management particularly the directors cease to be directors altogether. similarly under clause (b) of section 18-b(1) any contract of management between the industrial undertaking and any managing agent or any director thereof holding office as such immediately before the issue of the notified order 'shall be deemed to ..... this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service made before the 29th may, 1965'.it was therefore intended that the bonus act should have effect notwithstanding anything contained in any other laws- therefore even assuming that ..... the definition introduced by act 68 of 1957 the definition was 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable ...... to a person employed in respect of his employment or of work done in such employment.....' (the underlining is ours). ..... accept this contention because, in the first place as the definition of 'wages' stands today there are no words of limitation in that definition limiting it to an agreement or contract between the employer and the employee. the definition says 'wages' means all remuneration expressed in terms of money or capable of being so expressed which would, if the terms of .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-08-1970
Reported in : 1970WLN133
..... or defendant, shall be implied in his pleading.we are of opinion that readiness and willingness of the plaintiff to perform his part of the contract being a condition precedent is necessarily implied and it is for the defendant, if he contests that fact, to raise the matter expressly in ..... the alleged usage, delivery could be given after poonam, between badi 1 and badi 6 of the succeeding month, it is inconsistent with the written contract and evidence in respect of such usage is inadmissible. this argument is untenable. in this connection, we may refer to the following passages in the ..... some of his findings on the evidence which was produced in another suit-filed by ramdeo and others against messrs. jain gommercial company wherein similar contracts of purchase of 1120 bales of bardana of mah sudi poonam waida were involved. one of the partners of messrs. jain commercial company was ..... in the written statement of the earlier suit, messrs birdhichand sumermal and its partnters alleged that they kept the goods which ramdeo and others had contracted to purchase and when the latter did not take delivery despite repeated requests, they sold the goods at a loss. a sum of rs. ..... dated 29th september, 1958.2. briefly put the facts relevant to the controversy which now remains between the parties, are that ramdeo and others entered into contracts for the forward purchase of 600 bales of bardana (gunny bags) of mah sudi poonam delivery (waida) with the firm messrs. birdhichand sumermal on .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-16-1970
Reported in : AIR1971All297
..... english law and is sufficient to support an independent action by the plaintiff (vide section 27-a, specific relief act). this section however, applies to contracts executed after 1st april, 1930 and has no application in the present case; but there can be no manner of doubt that the defence under ..... reasonable certainty. it has further to be held established that the transferee took possession of the property or did any acts in furtherance of the contract. it may be mentioned that in cases of lease the legislature has recognised that the equity of part performance is an active equity as in ..... of lease not registered was held as admissible under section 49 of the registration act as evidence of part performance. in that case there was no contract of lease written out and registered but it was lease through the correspondence which had taken place with the government of bombay. the letters contained the ..... on merits and rejecting it on an erroneous view of law. section 53a of the transfer of property act runs as follows:--'where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can ..... the substance of the proviso is that any unregistered document required by law to be registered may be received as evidence of part performance of a contract for the purposes or section 53-a of the transfer of property act. this takes me to a very substantial point which was argued on .....Tag this Judgment!
Court : Delhi
Decided on : Apr-02-1970
Reported in : ILR1970Delhi621
..... is absolutely of no avail. the constitutional provision has been inserted in public interests to lay down the manner of the making of the contracts in order to safeguard the interest of the state against agreements made by un-authorised persons. in the case before me no grievance has ..... stores and tendered them for inspection. in fact, it is the incorporatecompany which actually performed the said acts and deeds in pursuance of the contract. it was only at a late stage after the stores had been rejected and disputes had arisen and the matter was pending before the arbitrator ..... of the companies act are only enabling provisions and they are neither mandatory nor do they contain any absolute prohibition against the company making a contract in any other name. reference in this connection may usefully be made to section 416 of the companies act which prescribes a procedure where the ..... distinguish some of their business activities from others and it is the petitioner who had taken upon themselves the rights and obligations under the said contract and had also purported to perform the same. it is unfortunate that the officers of the government failed to take notice of the express ..... before me submitted a written statement controverting the allegations of the petitioner and they in particular urged that modi food products had accepted and ratified the contract and so they as well as their successors company the modi sugar mills, limited, were bound by the same and they were estopped from .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-21-1970
Reported in : (1971)73BOMLR434; (1971)ILLJ35Bom; 1971MhLJ908
..... respect of such categories as may be notified by the appropriate government in the light of certain criteria that have been laid down, and at regulating the service conditions of contract labour where abolition is not possible. the bill provides for the setting up of advisory boards of a tripartite character, representing various interests, to advise the central and state ..... same has now become a part of indian history. a change for the better started before india achieved independence. the change continued at a greater pace after independence. even so, contract system prevailed in a modified form. the contractor, the jobber, the muccadam - he functioned under different names - provided teams of labour, dealt with them as herds of cattle, ..... application under s. 33a of the industrial disputes act, 1947, was an employee; and they did not consider the general question as to whether the employment of watchmen under contract labour required to be prohibited. after stating this result of the said decision, the tribunal considered the scheme of watchmen provided by expert services bureau to kirloskar oil engines ltd ..... which other workers through their union are vitally interested. he, therefore, submits that the finding of the tribunal that there is no exploitation of labour by the system of contract labour in the present case is erroneous. this contention must be rejected having regard to the conditions of service mentioned in the aforesaid affidavit and not disputed by respondents nos .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-11-1970
Reported in : AIR1971AP287
..... storied by the 1st defendant. therefore we are unable to say from the facts that the appellant-bank can invoke the aid of section 178 of the contract act. so it is evident that in a case where the 1st defendant has neither custody nor possession nor title to the property, he can confer no ..... high court in madras automobilies v. modern bank, air 1993 8 mad 545. the meaning of the words 'good faith' occurring in section 178 of the contract act came to be considered by the learned judges in that case. that was a case where a salesman acting on behalf of a motor dealer pledged a ..... 3rd defendant-firm or whether the appellant bank in good faith advanced the amount so as to enable the bank to rely upon section 178 of the contract act. out attention has been invited to specific portions of the evidence of d.ws.2 and 4 to show that the agency of the 1st defendant ..... , its proper construction 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 not require ..... of the 1st defendant contended that the court below was right in holding that ex. a-27 is compulsorily registrble as it is a document evidencing the contract of mortgage and as such there are no grounds for reversing the finding of the court below in this regard.9. we may first dispose of the .....Tag this Judgment!