Court : US Supreme Court
Decided on : Mar-02-1970
..... decision of this case. [ footnote 1 ] s.rep. no. 573, 74th cong., 1st sess., 12 (1935). [ footnote 2 ] "let me say that the bill requires no employer to sign any contract, to make any agreement, to reach any understanding with any employee or group of employees. . . ." " * * * *" "nothing in this bill allows the federal government or any agency to fix wages, to ..... would violate the fundamental premise on which the act is based -- private bargaining under governmental supervision of the procedure alone, without any official compulsion over the actual terms of the contract. in reaching its decision the court of appeals relied extensively on the equally important policy of the act that workers' rights to collective bargaining are to be secured. in this ..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. [ footnote ..... check-off was not made in good faith, but solely to frustrate the making of a collective bargaining agreement. thereafter, the nlrb ordered the petitioner to grant the union a contract check-off clause. the court of appeals affirmed the order, concluding that 8(d) of the national labor relations act did not forbid the nlrb to compel agreement. held: though .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-20-1970
..... n.y.1966). see generally 5 l. loss, securities regulation 2933-2938 (supp. 1969). [ footnote 8 ] section 29(b) provides in pertinent part: "every contract made in violation of any provision of this chapter or of any rule or regulation thereunder . . . shall be void (1) as regards the rights of any person ..... at 3866. this interpretation is eminently sensible. the interests of the victim are sufficiently protected by giving him the right to rescind; to regard the contract as void where he has not invoked that right would only create the possibility of hardships to him or others without necessarily advancing the statutory policy of ..... read 29(b), which has counterparts in the holding company act, the investment company act, and the investment advisers act, [ footnote 10 ] as rendering the contract merely voidable at the option of the innocent party. see, e.g., greater iowa corp. v. mclendon, 378 f.2d 783, 792 (c.a. 8th ..... . winter haven, 320 u. s. 228 , 320 u. s. 235 (1943). we do not read 29(b) of the act, [ footnote 8 ] which declares contracts made in violation of the act or a rule thereunder page 396 u. s. 387 "void . . . as regards the rights of" the violator and knowing successors in ..... who, in violation of any such provision, rule, or regulation, shall have made . . . any such contract, and (2) as regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making . . . .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-27-1970
Reported in : AIR1971AP359
..... already been done earlier or to be done in future. therefore by ex. a-7 the bargain was reduced into writing and it embodied the contract of the mortgage itself between the registration and not having been registered it cannot be used in evidence at all and the transaction cannot also be ..... from the document. it is also significant to note that after the written statements were filed by the defendants alleging that the letter itself constituted the contract of the mortgage as it was an integral part of the transaction and not merely the evidence of past or prior transaction of an equitable mortgage ..... fully paid and satisfied.'it was held by the privy council that the memorandum is of such a nature that it can be treated as the contract for the mortgage which the parties considered to be the only repository and appropriate evidence of their agreement and therefore it could be the instrument by ..... by deposit of title deeds in question was made apart from the independent of the document ex. a-7 or ex. a-7 itself forms the contract or bargain between the parties. there are a number of decisions where this question was considered with reference to the documents concerned in those cases. some ..... .' it means that when the debtor deposits with the creditor the title deeds of his property with a view to create security the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in other forms of mortgage. the parties can also .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-24-1970
Reported in : 1971MPLJ560; 28STC532(MP)
..... such dues. this will be clear from the section itself which is reproduced:64a. (1) unless a different intention, appears from the terms of the contract, in the event of any tax of the nature described in sub-section (2) being imposed, increased, decreased or remitted in respect of any goods ..... bombay sales tax act, 1959, was amended with retrospective effect so as to include in the definition standing timber agreed to be severed before or under the contract of sale, the supreme court observed in state of maharashtra v. champalal kishanlal mohta (1970) 1 s.c.c 611 at p. 613, as ..... extraction of bamboos and salai wood had to be made in accordance with the rules and regulations prescribed by the forest department. those rules are the forest contract rules governing sale of forest produce and a summary of those rules was, as appearing from the memorandum, annexure r-i dated 30th may, 1957, ..... encumbrances within the meaning of the m.p. abolition of proprietary rights (estates, mahals, alienated lands) act, 1950. it was further held that the contracts were in essence and effect licences granted to cut, gather and carry away forest produce without creating any interest in land. this case was distinguished in ananda ..... of 'goods' in section 2(g) of that act, as modified and in force in that state, excluded from the purview of the act forest contracts that gave a mere right to collect timber, wood or forest produce. subsequently, the madhya pradesh general sales tax act, 1958, was enacted, and it .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-12-1970
Reported in : (1971)IILLJ28P& H
..... to the extent of 14 days. under section 14, it is provided that a worker's rights or privileges which he may be entitled to receive under any other law, contract, custom or usage would not be affected adversely by any provision of this act, if such rights or privileges are more favourable to him than those to which he is ..... and privileges under other laws, etc., not affected.--nothing contained in this act shall affect any rights or privileges which any worker is entitled to receive under any other law, contract, custom, or usage, if such rights or privileges are more favourable to him than those to which he would be entitled under this act.4. under section 4, every worker ..... to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, agreement or contract of service:provided that when such award, agreement or contract of service provides for a longer annual leave with wages than provided in this chapter, the workers shall be entitled only to such longer annual ..... to which a worker may be entitled under any other law, or under the terms of any award, agreement or contract of service. there is a proviso to this sub-section which lays down that when such award, agreement or contract of service provides for longer annual leave with wages than provided in this chapter the worker shall be entitled only to .....Tag this Judgment!
Court : Delhi
Decided on : May-11-1970
Reported in : ILR1970Delhi92
..... are issued on payment to individual officers or private parties and they are also utilised for pricing the lost, damaged or destroyed articles. paragraph 8 of the general conditions of contract makes the contractor responsible for all losses of government property which was in the possession or control of the contractor, ins servants, workmen or agents. the containers were in ..... -9. when the contractor failed to pay this amount, the government deducted the same from the security deposits and other sums due to the contractor on performance of these contracts. the contractor disputed the deduction made by the government and at first referred the dispute to arbitration. after spending some time in arbitration the contractor abandoned the arbitration and ..... was supplied in time. these containers were not returned by the contractor to the government after receiving delivery of the atta, sugar and the hydrogenated oil and after the contracts had been performed by the contractor. the government thereupon demanded from the contractor the return of these containers or the price thereof. the claims made by the government in ..... the cost of both the atta and the ghee at military payment issue rates. the amount so deposited will be returnable to the contractor on satisfactory completion of the contract. 3.the contractor shall surrender to the government all unused surplus materials issued to the contractor by the government and received by the contractor immediately on the completion of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-02-1970
Reported in : (1971)IIMLJ68; 27STC427(Mad)
..... and the parts could be viewed de hors the totality of the contract which could be said to have been executed, only after the completion and after the machinery and plant were embedded in the structure as a ..... cases cited above applies with greater force. the installation of the humidifying plant and the components which are to be supplied therefor under a composite contract with a customer necessarily involves the embedding of such a plant and its components in the structure. it cannot be said that the plant ..... customer ever bargained for the sale and purchase of the component parts used in the work of fabrication and erection or construction. if, under the contract, structural materials are to be affixed to the land and only thereafter the property therein would pass to the customer notwithstanding that they were approved ..... assessee cannot be said to be, as described by the tribunal. he would state that predominantly an element of sale is involved in the contracts in question and such element is divisible from the totality of the dealings between the assessee and its customer and this separate turnover sought to ..... turnover in question passed only after the erection work was over and not before. ultimately the tribunal was of the view that the contracts were indivisible composite contracts of work and labour for supply and installation of the humidifying plant and therefore the turnover was not assessable to tax.3. the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-1970
Reported in : (1971)1MLJ156
..... it is not necessary that the subject requires any more consideration.13. another question was incidentally raised by mr. srinivasan that there has been a new contract of tenancy when the petitioner began to 'hold over.' this argument is purely rested on the ground i hat from time to time the rents were ..... the expired lease is one of the 'erms of such a lease. this term has co be therefore necessarily carried over and should impliedly govern the contract of lease between the landlord and tenant even in cases where section 116 applies. the matter is now settled beyond controversy by the supreme court in ..... maiy be incident to such a tenure. this rule has been followed in indian cases, for the word 'renewed' shows' that there is no new contract of tenancy....if a tenant 'holds over' the terms of the quondam lease are imported into the fresh tenancy created by law under section 116 of the ..... where tenants 'hold over' and such a term would be enforceable as between the landlord and tenant in such cases unless there is a different contract expressly entered into or proved to have been entered into between them when a tenancy under section 116 of the transfer of property act is created. ..... lease, including the clause as to its terminability. to expand the argument, it is contended that there is, under exhibit p-1, a specific contract to the contrary regarding the notice period which has been normally and otherwise prescribed under section 106 of the transfer of property act as 15 days expiring .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-07-1970
Reported in : (1971)73BOMLR570; (1971)IILLJ445Bom; 1971MhLJ753
..... . the definition as it stood after its amendment in 1955 read : ''employee' means any person employed by an employer to do any skilled or unskilled manual or clerical work for contract or hire or reward in any industry and includes an employee dismissed, discharged or removed on account of any industrial dispute.' if the legislature intended that the main part of ..... time s. 2(10) of the said act ran as follows : ''employee' means any person employed by an employer to do any skilled or unskilled manual or clerical work for contract or hire reward in any industry and includes an employee discharge on account of any dispute relating to a change in respect of which a notice is given under s ..... or unskilled work for hire or reward in any industry, and includes - (a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) clause (14); (b) a person who has been dismissed or discharged from employment on account of any dispute relating to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-17-1970
Reported in : AIR1970SC1613; 77ITR23(SC); (1971)3SCC134a
..... any demand from the assessee on account of reduction in export duty although it was fully aware of such reduction. the assessee was, therefore, entitled under the contract to receive the entire amount of the money paid by the i. a. p. i. on these findings which were based on the materials which have ..... the relevant year at any subsequent stage: in other words, the liability being contractual obligation to pay the amount of the rebate arose from the contract and unless its terms were varied by mutual assent it could not be said that the amount in question could be treated as income accruing to ..... withdrawal of the same from the bank would inevitably go to show that the assessee treated the contractual price as inflexible.(5) the express terms in the contract 'export duty based on current rates; any alterations to be on buyer's account' were finally disregarded by the assessee, as will be evident from ..... the question in the affirmative and against the assessee. the high court gave a summary of its conclusions as follows:(1) liability in terms of contract did certainly arise when there was a variation in the rate of export duty but since the contractual liability was not accepted and admitted it cannot ..... assessment year 1954-55, the previous year being from 20th january 1953 to 7th february 1954, the assessee who is the appellant entered into a contract for supply of 10,000 tons of hessian cloth at 136-19-9 per metric ton with a party in buenos aires in south america which will .....Tag this Judgment!