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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1970 Page 9 of about 354 results (0.042 seconds)

Oct 02 1970 (HC)

Miss Mani J. Desai Vs. Gayson and Co. Pvt. Ltd.

Court : Mumbai

Decided on : Oct-02-1970

Reported in : (1971)73BOMLR394

..... while judging the nature of the transaction. this court rightly observed in that case that the intention of the parties is a decisive factor. even the words of the written contract must be given due weight but the court must consider the substance of the transaction. mr. shah also relied upon a recent decision of the madras high court reported in ..... the meaning of section 105 of the transfer of property act. merely because, it is unlawful sub-letting it cannot be considered as a lawful contract of leave and licence. in the case of a lawful contract of leave and licence the licencee's possession becomes wrongful when the licence is revoked. in the case of an unlawful sub-letting, the occupants .....

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Jan 01 1970 (HC)

Ntpc Limited (Formerly National thermal Power Corporation Limited, a C ...

Court : Mumbai

Decided on : Jan-01-1970

Reported in : 2009(4)BomCR164

..... course of legal submissions on behalf of union of india yesterday i.e. 12th january 2009 with regard to scope and interpretation of production sharing contract which is being examined by this hon'ble court, the hon'ble court desired to know the stand of the government as to whether the ..... the formula for valuation and sale of natural gas under the production sharing contract. the defendant had submitted the formula under which the price discovered by the defendants was us dollars 4.32 per mmbtu. however, the egom ..... process floated by the plaintiff;(iii) the government of india has constituted an empowered group of ministers (egom) to take decisions in relation to nelp contracts.(iv) on 2nd september, 2007 the egom has taken a decision in respect of commercial utilization and pricing of gas under nelp and has approved ..... krishna godavari basin. the defendant was the successful bidder with its consortium partner niko limited and was awarded this block for exploration and the production sharing contract was entered into between the defendant, union of india and niko limited on 14th february, 2000 (hereinafter referred to as the said psc). the ..... court on 6.10.2008 has framed the issues which are as under:i) do the plaintiffs prove that there exists valid, concluded and binding contract as reflected in exhibits d, e, f & g and the letter of intent issued by the plaintiffs and signed and returned by the defendants .....

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Nov 06 1970 (HC)

Linga Reddy Vs. Ramachandrappa

Court : Karnataka

Decided on : Nov-06-1970

Reported in : AIR1971Kant194; AIR1971Mys194; (1971)1MysLJ159

..... itself. in pursuance of the said contract to purchase, the defendant made an application to the assistant commissioner and obtained permission to alienate the suit lands in favour of the plaintiff. there ..... is satisfactory evidence in the case to prove the plaintiffs possession, which has been accepted by the lower court. there is a recital in the contract to purchase about delivery of possession in favour of the plaintiff on the 12th of october, 1962. the entire consideration was paid on that day ..... in support of his contention that even after the judgment of the privy council in , the high courts in india have taken the view that the contracts to purchase entered into by the guardians of hindu minors cannot be specifically enforced. in the aforesaid decisions, the high courts of assam, madras, allahabad ..... for a loan. mallanna, according to the defendant, agreed to give the loan provided he had adequate security. according to the defendant, the contract to sell was executed as security for the loan given by mallanna as the natural guardian of the minor plaintiff to tamma ready. it is ..... of 1963. the plaintiff is a hindu minor represented by his father and natural guardian mallanna. the suit is one for specific performance of the contract to sell executed by the defendant in favour of the plaintiff on the 12th of october, 1962, and for a permanent injunction restraining the defendant .....

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Nov 02 1970 (HC)

Mohammad Jaffer Ali Vs. S. Rajeswara Rao and ors.

Court : Andhra Pradesh

Decided on : Nov-02-1970

Reported in : AIR1971AP156

..... that the lease was of a talkie house with every thing that is necessary to run cinema shows and to sport up such a composite lease as this into separate contracts of lease and hire is t destroy is altogether. but, it should be noted that this view was adopted, when the definition of the expression 'building' did not contain the ..... be presumed to have known of the provisions the act and contracted out of the terms of the act. while saying so, the learned judges further held that the act was but applicable as the lease was not one of a mere ..... been parties knew or must be deemed have been aware of the provisions of the madras act (xxv of 1949) and it was open. to the to enter into a contract containing terms manifestly inconsistent with the provisions of the act. and there was nothing illegal in such a course. the court upheld this contention and held that the parties must .....

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Oct 30 1970 (HC)

The Punjab Registered (iron and Steel) Stockholders Association Ltd. V ...

Court : Delhi

Decided on : Oct-30-1970

Reported in : ILR1970Delhi809

..... with the existence of statutorycontrol. he submitted that laisse faire as anideal had no doubt been supplanted by social securitywhich in turn suggested status rather than contract,but the freedom of contract was not clearly erodedand within narrow limits, it could operate with fullforce.(31) we are prepared to accept the argument that notwithstanding the provisions of ..... owner of thesupplies placed in the controlled stocks.(30) learned counsel for the appellant strongly urgedthat the jural relationship between the parties dependedupon the nature of the contract between them and thatmerely because the appointment of the appellant was madein pursuance of the scheme of control and distributionof iron and steel material under the iron and ..... acquire from the trustee committee of the punjabregistered stock-holders association lahore, the entirebusiness of the association, including its assets and liabilities and also to enter into contracts with the centralgovernment for the purpose of being appointed stockholders of controlled stock in pursuance of the objectsof the iron and steel control order.(29) it was contended ..... authorise.thetrial court relying upon a decision of the supreme court in chatturbhuj vithaldass jasani v. moreshwar parashram and others : [1954]1scr817 heldthat the factum of the contract had not been deniedby the defendant-respondent. it was also admittedthat the iron and steel controller had the authority toappoint the appellant as controlled stock-holder subjectto the .....

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Apr 16 1970 (HC)

Daniraiji Vrajlalji Vs. Vahuji Maharaj Chandraprabha

Court : Gujarat

Decided on : Apr-16-1970

Reported in : AIR1971Guj188

..... its novelty does not add to the merits of the contention in any manner. such an executable right can arise in favour of a party as a result of a contract or a statute or by operation of law. therefore, when a person enters into a secular arrangement with another relying upon some well known consequences which follow from that arrangement ..... efficacy attached thereto. in no event he could be called reflection of a natural born son in the family and his rights and privileges would only be governed by the contract between him and the person taking him in adoption'. it was contended by the learned advocate of the appellant that these observations are of no value so far as this ..... the privileges for the time he continued to be such a son. such an adoption had absolutely no religious significance or merit and fell far short of even an ordinary contract between the parties. by reason of such an adoption the adopted person did not lose any right and the fact that he could be adopted in two or three families .....

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Jun 17 1970 (HC)

Haridas Girdhardas and ors. Vs. Varadaraja Pillai and anr.

Court : Chennai

Decided on : Jun-17-1970

Reported in : (1971)1MLJ200

..... for specific performance, the appellants would not only gain an unfair advantage over the 1st respondent, but the court would be enabling them to enforce a contract which is unenforceable under section 12 of the city tenants' protection act, as amended in 1955. there is abundant authority that in such a situation ..... appellants. we are referred to 36 halsbury, third edition, page 264, as being in support of their contention. it is observed there:if the contract is valid in form and has been made between competent parties and is unobjectionable in its nature and circumstances, specific performance is in effect granted as ..... also available to the landlord. the rights of a tenant under the act are further protected by section 12 which says that nothing in a contract made by him shall take away or limit his rights under the act. the operation of this section again is not dependent upon a suit ..... city, the act inferentially, as is contended for the appellants, denied statutory protection to post-1922 tenants, thereby leaving them to be governed by subsequent contracts under the common law, particularly section 108 of the transfer of property act. no such inference is, in our opinion, warranted. as it happened, after ..... full expectation that subject to payment of a fair ground rent, they would be left in undisturbed possession, notwithstanding the absence of any specific contract as to the duration of lease or the terms on which the building was to be erected. note was taken also of the fact that .....

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Nov 13 1970 (HC)

Mehrunnisswa Begum and anr. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Nov-13-1970

Reported in : AIR1971AP382

..... act was designed solely for the purpose of securing eviction of unauthorised occupants by summary process. the definition of 'public premises' in section 2 of the punjab act provides a contract to the provisions of section 2 of the impugned act. though the purview worth punjab act includes land whether used for agricultural or non-agricultural purposes. the essential purposes of ..... . we, however, respectfully agree with the view expressed by the learned chief justice that the express provision enabling an aggrieved person to resort to a civil court is in sharp contract to the provisions of section 10 of the punjab act which barred to the aggrieved person access to a civil court for redress. there is thus a clear distinction the .....

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Aug 31 1970 (HC)

Gangabai and ors. Vs. Srinivasa Rao

Court : Andhra Pradesh

Decided on : Aug-31-1970

Reported in : AIR1971AP293

..... provided for a period of about 4 years for the complete performance of the obligations. consequently, it cannot be said that the enforcement of the contract is prejudicial or oppressive and that the delay on the part of the plaintiff disentitles him to the grant of specific relief.11. i am ..... appeal. in the present case, no question of wavier arises. the appellant insisted upon the preliminary requisite step being fulfilled for the implementation of the contract. he has categorically stated that he was prepared to pay the amount due under the instalments provided the proceedings for obtaining sanction was commence by the ..... per the understanding at the time of the execution of the agreement.9. was it permissible for the vendor under those circumstances to treat the contract as cancelled merely on the basis that the amount due as per the first and the second instalments was not paid till october, 1965 when ..... his intention. the factual position here is analogous to that in the case decided by the supreme court. time was not the essence of the contract as is evidence from the provisions in the agreement spreading payments over a period of more than four years. even with reference to the first ..... indication of the vendor waiving the limit of time prescribed by the agreement. the question is whether there after, he was justified in treating the contract as having lapsed, when he gave notice on 6-10-1965. in gomathinayagam pillai v. palaniswami nadar, air 1967 sc 886 it was laid down .....

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Oct 19 1970 (SC)

Union of India (Uoi) Vs. Allied International Products Ltd. and anr.

Court : Supreme Court of India

Decided on : Oct-19-1970

Reported in : AIR1971SC251; [1971]41CompCas127(SC); (1970)3SCC594; [1971]2SCR661

..... contingency specified therein. the imposition of penalty depends upon the violation of the exchange and when imposed operates to invalidate all contracts resulting from allotment of shares between the applicants for shares and the company. such a provision must be strictly construed. unless the statute in clear terms so provides ..... given further consideration, the application is not deemed to be refused until it is finally decided.15. the application for allotment of shares and acceptance thereof constitute a contract between the company and the applicant. section 73(1) of the companies act imposes a penalty whereby the allotment of shares becomes void on the happening of the ..... the proper functioning of the stock exchanges, and also placed stringent restrictions upon the representations made by the companies in issuing prospectus inviting subscriptions. the parliament enacted the securities contracts (regulation) act 42 of 1956, and simultaneously made provision in section 73 of the companies act, 1956, for ensuring that representations made in the prospectus are carried ..... .5. the company challenged the orders passed by the calcutta and delhi stock exchanges rejecting the applications for 'enlistment', in separate appeals under section 22 of the securities contracts (regulations) act 42 of 1956. the central government dismissed the appeals. in the orders recording dismissal it was recited that the exchange did not grant the permission for .....

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