Court : Supreme Court of India
Decided on : Sep-29-1970
Reported in : AIR1971SC1283; 1971CriLJ1081; (1970)3SCC82; 2SCR507
..... the statute or the instrument considered as a whole clearly conveys a somewhat different shade of meaning. it is not always a safe way to construe a statute or a contract by dividing it by a process of etymological dissection and after separating words from their context to give each word some particular definition given by lexicographers and then to reconstruct .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-21-1970
Reported in : (1971)ILLJ469Guj
order1. in the special petition under art. 226 of the constitution of india, all the 16 petitioners who have been working as 'aval karkuns' in the revenue department of the state of gujarat, have approached this high court for a writ of mandamus against the state of gujarat and the collector of ahmedabad to treat the circular at annexure c to the petition as invalid and inoperative and they have asked for an order, direction or writ, directing the collector of ahmedabad to forbear from acting upon or implementing the circular at annexure c. they have further prayed for an order directing the respondent no. 2, the collector, to forbear making orders of reversion against the petitioners merely on the grounds that they have not passed revenue qualifying examination. 2. the facts leading to this petition may be shortly stated. all the petitioners joined the service of the state government as clerks in the then state of bombay and their periods of service vary from 16 to 24 years. all the petitioners have been working as aval karkuns under the collectorate of ahmedabad in the pay scale of rs. 145-215. as shown in the annexure a to the petition, the petitioners have been working as aval karkuns for periods varying from 4 to 10 years. on march 1, 1969 the collector of ahmedabad published the seniority list permanent clerks and in the list different ranks were assigned to the petitioners as shown in column 4 of the list annexure a to the petition. accordingly to the petitioners, .....Tag this Judgment!
Court : Kerala
Decided on : Feb-13-1970
Reported in : AIR1971Ker190
..... fulfilled, is one such claim which can fall within the ambit of section 15(2). when the definition of wages was expanded to include cases of sums payable under a contract, instrument or a law, it could not have been intended that such a claim for compensation which is denied on grounds which inevitably would have to be inquired into and .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-03-1970
Reported in : (1971)12GLR272
..... indefinite period, it does not enure for the benefit of his heirs. it is usually for the life-time of the lessee himself, unless again it clearly appears from the contract that the benefit of the lease is intended to accrue to the successor of the lessee.the law as to who is a statutory tenant and what are his rights .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-16-1970
Reported in : AIR1971SC369; (1971)1SCC12; 2SCR640
..... of the decree. the right of pre-emption is a weak one and is liable to be defeated by all legitimate means at the instance of a vendee against whose contract an inroad is being attempted by the preemptor. the vendee is on the defensive and is entitled to arm himself with a shield in order to protect his right. the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-03-1970
Reported in : AIR1971Bom237; (1971)73BOMLR42; ILR1971Bom457; 1970MhLJ419
..... matters such as those providing for payment of amounts due to outgoing partners on settlement of accounts transfer of interest of outgoing partners, taking over of liabilities and goodwill, indemnity clause, power of attorney and other agreements contained in the said instrument are separate transactions or are merely matters flowing from, dependent on, or accessory to the main object ..... 1928 lah 370 that section 5 does not apply to a document which embodies different covenants relating to the same transaction. the test is not whether the instrument embodies distinct contracts, but whether it comprises distinct matters. where the transaction is one and one only, the subject-matter of the agreement being the repayment of the amount advanced, the ..... which subsisted between all the partners of the firm. section 40 provides that the firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners. this is the dissolution by agreement. section 41 provides for compulsory dissolution and section 42 provides for dissolution on the happening of certain contingencies. section ..... dissolved by mutual consent with effect from 1st april, 1966, and the plaintiffs had retired from it and the said business with its goodwill, trade name, benefit of all the contracts, engagements, agencies, quota rights, tenancy rights etc., and the assets and liabilities, books of accounts and outstandings would belong to the defendant and thence-forward the said business .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-1970
Reported in : AIR1970Mad349
..... instrument as a whole is not absolutely void from the beginning. if it is a case of a mere conveyance without covenants for indemnity and the conveyance fails. section 65 of the contract act may well be the basis, as was the case in the privy council decision. but where the instrument provided for liquidated damages ..... which is a composite document creating not merely a right by way of conveyance which fails for want of title, but also stipulating for compensation or indemnity for loss resulting from that cause. the sale deed in question while asserting that the title was with the vendor clearly set out that if any; ..... meaning of section 49(d) of the stamp act.2. the sale deed contained, besides the operative part of the conveyance, covenants as to title and indemnity. it provides that if right in respect of the property conveyed is found vested in a third party, the vendor would, at his own expense, make ..... notwithstanding the failure of the conveyance for want of title would still be valid and would be actionable apart from the basis of section 65 of the contract act. on that view, it is not possible for us to say that the instrument in this case as a whole is void absolutely from the ..... the conveyance with an alternative prayer for payment of money. the privy council held that the plaintiff was entitled to recover under. section 65 of the contract act.4. we are, however, of the view that while the principle of the decision of the privy council would doubtless be applicable to a case .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-29-1970
Reported in : AIR1971Cal285
..... transit. the terms have been embodied in the policy which is valued at rupees 14,000/- as the amount of indemnity and the insured thereby agreed to indemnify the assured to the extent of the value of the policy and there can be, as it appears, ..... policies which were against fire and other risks were not valued ones. accordingly the principles laid down therein have no application in the present case. a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured in, the manner and to the extent thereby agreed against losses in ..... the misrepresentation was on any material facts which had a bearing on the risk undertaken by the insurer. it is settled law that a contract of insurance is contract uberrirna fides and there must be utmost good faith on the part of the assured, imposing an obligation on the assured to disclose all ..... in ordinary course of business, ought to be known to him and if the assured fails to make the disclosure the insurer may avoid the contract. it is also provided inter alia that every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or ..... tea which had been booked, a further question would arise as to whether in the circumstances of this case, the society would be entitled to cancel this contract of insurance. we have already mentioned that according to the insurance policy (ext. c) and the proposal form (ext. b), the consignment which war .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-1970
Reported in : AIR1971SC530; (1971)1SCC85; 3SCR9
..... turned or used against the state whose strength it is'. imperfect rights are not based on morality. many rights are wrecked on the rock of unenforceability. act of indemnity is one illustration. duty is legal, when sanction is attached to its breach. sanction means the appointed consequences of disobedience sanctionless duties are imperfect obligations. really speaking imperfect ..... imperfect obligations' since the constitution takes the matter into itself and gives them is own guarantees. the individual rights and obligations no doubt originally flowed from a contract between high contracting parties and might not have create a vinculum juris in favour of third parties but the constitution having granted rights and created corresponding obligations, those rights and ..... such, create direct rights and obligations for private individuals. but it cannot be disputed that the very object of an international agreement, according to the intention of the contracting parties, may be the adoption by the parties of some definite rules, creating individual rights and obligations and enforceable by the national courts. that there is such an ..... article could only be read by itself and even the chapter on fundamental rights was excluded. the reason given was that these instruments were political agreements between high contracting parties and the municipal courts had no say in matters which were political or acts of state. the covenants were not self-executing and created imperfect obligations and .....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!