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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1986 Page 7 of about 502 results (0.058 seconds)

Dec 03 1986 (HC)

Dwijendra Nath Mullick and anr. Vs. Rabindra Nath Chatterjee and ors.

Court : Kolkata

Decided on : Dec-03-1986

Reported in : AIR1987Cal289

..... he has referred to section 14 of the partnership act, which is as follows :'s. 14. the property of the firm. -- subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or ..... west bengal premises tenancy act. nonetheless these decisions are of some assistance because they indicate in what manner the applicability of section 23 of the contract act ought to be considered. in deciding the effect of section 14 of the west bengal premises tenancy act, the court ought to examine ..... west bengal premises tenancy act. nonetheless these decisions are of some assistance because they indicate in what manner the applicability of section 23 of the contract act ought to be considered. in deciding the effect of section 14 of the west bengal premises tenancy act, the court ought to examine ..... benefits of the rent control legislation appears to be the same as that under the general law. in the absence of a privity of contract, the unauthorised sub-tenancies are not binding upon the superior landlord who can evict such sub-tenants in execution of eviction decrees obtained against ..... creating of unauthorised subletting would not defeat provisions of any law. subletting under the general law was not unlawful and in the absence of a contract to the contrary a tenant could sublet. under the rent control legislation some classes of subtenants have been given protection from eviction. the legal .....

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Jul 02 1986 (FN)

Firefighters Vs. City of Cleveland

Court : US Supreme Court

Decided on : Jul-02-1986

..... only those craftworkers with prior experience, and that the craft unions had excluded blacks. hence, the company's craftworkers were almost totally white. the company and the union negotiated a contract to break this discriminatory pattern, and we held that there was no violation of title vii. but the company's prior discriminatory conduct provided the predicate for a temporary remedy ..... enforcement of a consent decree, because it will be unnecessary to prove many facts that would otherwise have to be shown in order to establish the validity of an ordinary contract. a court that maintains continuing jurisdiction over a consent decree will have a more flexible repertoire of enforcement measures. and it is likely to be easier to channel litigation concerning ..... , then, as we have previously recognized, consent decrees "have attributes both of contracts and of judicial decrees," a dual character that has resulted in different treatment for different purposes. united states v. itt continental baking co., supra, at 420 u. s. 235 -237 ..... some of the earmarks of judgments entered after litigation. at the same time, because their terms are arrived at through mutual agreement of the parties, consent decrees also closely resemble contracts. see united states v. itt continental baking co., 420 u. s. 223 , 420 u. s. 235 -237 (1975); united states v. armour & co., 402 u. s. 673 (1971). more accurately .....

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Jul 02 1986 (FN)

Baker Vs. General Motors Corp.

Court : US Supreme Court

Decided on : Jul-02-1986

..... .w.2d 128 (1980), and we adopt here:" " action taken by employees under a contract negotiated for them by their authorized agent must be considered their voluntary acts. in effect, plaintiff agreed to [act] pursuant to the collective bargaining agreement." "any other holding would make ..... all actions taken by union members pursuant to a union contract involuntary, and relieve the members of responsibility for their contract-based actions. we cannot agree with such a rule. the plaintiffs' emergency dues payments were not involuntary." 420 mich. at 499, 363 n.w.2d ..... contract does not make the plaintiffs' action in accord with the contract 'involuntary.' as the court of appeals said in applegate v. palladium publishing co., 95 mich.app. 299, 305; 290 n ..... ] "as noted above, the statute does not recognize such a ploy. uaw membership is required for employment by gm because the uaw bargains for such a provision in its contract with gm. in so doing, the uaw represents its members, and they must ratify any contract agreed upon by the uaw and gm. therefore, any 'coercion' resulting from the terms of the .....

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Jun 30 1986 (FN)

Thornburg Vs. Gingles

Court : US Supreme Court

Decided on : Jun-30-1986

thornburg v. gingles - 478 u.s. 30 (1986) u.s. supreme court thornburg v. gingles, 478 u.s. 30 (1986) thornburg v. gingles no. 83-1968 argued december 4, 1985 decided june 30, 1986 478 u.s. 30 appeal from the united states district court for the eastern district of north carolina syllabus in 1982, the north carolina general assembly enacted a legislative redistricting plan for the state's senate and house of representatives. appellees, black citizens of north carolina who are registered to vote, brought suit in federal district court, challenging one single-member district and six multimember districts on the ground, inter alia, that the redistricting plan impaired black citizens' ability to elect representatives of their choice in violation of 2 of the voting rights act of 1965. after appellees brought suit, but before trial, 2 was amended, largely in response to mobile v. bolden, 446 u. s. 55 , to make clear that a violation of 2 could be proved by showing discriminatory effect alone, rather than having to show a discriminatory purpose, and to establish as the relevant legal standard the "results test." section 2(a), as amended, prohibits a state or political subdivision from imposing any voting qualifications or prerequisites to voting, or any standards, practices, or procedures that result in the denial or abridgment of the right of any citizen to vote on account of race or color. section 2(b), as amended, provides that 2(a) is violated where the "totality of .....

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Aug 04 1986 (HC)

Sri Siddalingeshwara Adike Stores Vs. State of Karnataka

Court : Karnataka

Decided on : Aug-04-1986

Reported in : ILR1986KAR4073

..... held that the impugned provisions fall squarely under the state list, the question of examining as to whether the centre has evinced interest in respect of the whole field of contract does not arise for consideration.16. lastly, we have got to consider the writ petition presented by a commission agent. under the provisions of the act, both earlier to the ..... by the commission agent would be to the benefit of both the seller and the buyer. the commission agent's commission come into the picture not merely by virtue of contract, but only after securing a licence given by the concerned market committee. their relationship and the remuneration chargeable by the commission agents either to the seller or to the buyer ..... of the contract act enacted by the parliament, and therefore, the ordinance is invalid as it has not received the instruction from the president as required under the proviso to article 213(1 ..... was no basis at all for compelling the buyer to pay commission to the commission agents though commission agents render service exclusively to the seller.(2) under the law of contract, a commission payable in respect of an agent has to be paid by the principal, to whom the agent renders service and therefore, the ordinance is inconsistent with the provisions .....

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Mar 12 1986 (SC)

Delhi Cloth and General Mills Co. Ltd. and anr. Vs. Rajasthan State El ...

Court : Supreme Court of India

Decided on : Mar-12-1986

Reported in : AIR1986SC1126; 1986(1)SCALE416; (1986)2SCC431; [1986]1SCR633; 1986(2)LC390(SC)

..... and reasons of the bill, the legislature thought it expedient to amend the act so as to cover the rising cost of generation from time to time, notwithstanding any special contract, undertaking or concession to the contrary. the legislative mandate contained in section 49a and 49b of the act as introduced by the rajasthan electricity (supply) amendment act, 1976 subserves ..... to express or implied limitation, such as that the variation must be in proportion to some objectively determined base, or must be reasonable; and this rule has been applied to contracts containing so-called 'escalator' clauses.these considerations however do not apply as on its true construction. clause 18 cannot be regarded to be an escalation clause. there is therefore ..... act with retrospective effect so as to enable the board to revise the contractual rates in order to cover the cost of generation from time to time, nothwithstanding any special contract, undertaking or concession to the contrary. see statement of objects & reasons for the electricity (supply) (rajasthan amendment) bill, 1976. purport and effect of sections 49a and 49b of the ..... orders of the board and the state government in that behalf with effect from the date of introduction of the revised tariffs, except for the following, namely: (i) special contracts for large or special loads separately negotiated or to be negotiated; and (ii) special loads for which concessional tariffs have been already given, under the orders of the government/board .....

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Jul 07 1986 (FN)

University of Tennessee Vs. Elliott

Court : US Supreme Court

Decided on : Jul-07-1986

..... crabbed reading to the board's authority where it has stayed within its sphere, but should accept it as the primary factfinding tribunal whose factual determinations (in disputes under the contract) must be received, if valid, in the same way as those of other courts or of the independent administrative agencies. under the more modern view, the findings of the ..... , as applied in bianchi, should dispel these doubts. the supreme court made it plain that congress intended the boards (and like administrative representatives) to be the factfinders within their contract area of competence, just as the interstate commerce commission, the federal trade commission, and the national labor relations board are the factfinders for other purposes. in the light of bianchi ..... 384 u. s. 394 (1966). in my opinion, that analogy is seriously flawed. in utah construction, the court held that, in a dispute arising under a government contract, factual findings by the board of contract appeals were binding on the court of claims. in support of its dictum that the holding was "harmonious with general principles of collateral estoppel," id. at 384 ..... united states v. utah construction & mining co., 384 u. s. 394 (1966), we held that the factfinding of the advisory board of contract appeals was binding in a subsequent action in the court of claims involving a contract dispute between the same parties. we explained: "although the decision here rests upon the agreement of the parties as modified by the wunderlich .....

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Jul 02 1986 (FN)

Randall Vs. Loftsgaarden

Court : US Supreme Court

Decided on : Jul-02-1986

..... value of any other direct benefit the defendant received from the bargain, such as interest. e.g., 2 black, supra, 617, at 1485, 1487; 5 a. corbin, contracts 1114, p. 607 (1964); 1 g. palmer, law of restitution 3.9, p. 275, 3.11, p. 294, 3.12, pp. 303-305 (1978); ..... quo ante, the plaintiff must return to the defendant the subject of the transaction, plus whatever else he may have bargained for and received under the contract by way of money, property, other consideration, or benefit, and the defendant must return to the plaintiff the consideration furnished by the plaintiff, plus the ..... and equity, rescission entails the undoing of the original transaction and restitution involves the restoration of each party to his precontract position. e.g., 3 h. black, rescission of contracts and cancellation of written instruments 616, p. 1482 (2d ed., 1929); d. dobbs, remedies 9.4, p. 618 (1973); c. mccormick, law of damages ..... and were allowed to recover the full consideration he gave for the transaction, the plaintiff would be placed in a better position than he occupied before the contract was made -- a result contrary to the theory of restitution. e.g. corbin, supra; 3 black, supra, 617, at 1488 ("[a] party will ..... not be permitted to rescind a contract so as to reclaim what he has parted with, and at the same time retain what he has received in the transaction"). application of these common law .....

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Apr 07 1986 (FN)

Atandt; Technologies, Inc. Vs. Cwa

Court : US Supreme Court

Decided on : Apr-07-1986

..... is clear from our opinion in steelworkers v. warrior & gulf navigation co., 363 u. s. 574 (1960). in warrior & gulf, the union challenged management's contracting out of labor that had previously been performed by company employees. the parties failed to resolve the dispute through grievance procedures, and the union requested arbitration; the company refused, ..... recognizing that article 8 of the collective bargaining agreement "is a standard arbitration clause, providing for arbitration of 'any differences arising with respect to the interpretation of this contract or the performance of any obligation hereunder,'" and that "there is no clear, unambiguous exclusion [of this dispute] from arbitration," the court of appeals thought that "there ..... constrained to resolve only those disputes that the parties have agreed in advance to settle by arbitration, but, instead, would be empowered "to impose obligations outside the contract limited only by his understanding and conscience." ibid. this result undercuts the longstanding federal policy of promoting industrial harmony through the use of collective bargaining agreements, and ..... covers telephone equipment installation workers. article 8 of this agreement page 475 u. s. 645 establishes that "differences arising with respect to the interpretation of this contract or the performance of any obligation hereunder" must be referred to a mutually agreeable arbitrator upon the written demand of either party. this article expressly does not cover .....

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Aug 01 1986 (HC)

Kishan Swaroop Ashok Kumar and ors., Etc. Vs. the Podar Mills Ltd. and ...

Court : Mumbai

Decided on : Aug-01-1986

Reported in : AIR1987Bom198; 1986(3)BomCR1

..... basing the claim on certain hundies drawn and accepted by the applicant in respecnt of certain goods delivered agisnt challans by the plaintiff respondet. the goods were delivered under certain contracts containing arbitration clausess. the applicant filed na applciaiton under secion 34 of the arbitratuion act for stay of suit. the contention of the applicant was that the goods delivered were ..... for stay of the suit. the trial judge rejected the application on various grounds , one of which was that t suit was based on accepted of goods delivered, under the contract which contwained the abitraion clasuse. upholding the order of tehe trial court the learned judges of the allahabed high court held as follows:'the defendants accepted the bills before maturity ..... court in diraj lal v sir jacob behrenes & sons : air1933all74 is more to the point. in that case the parties had enterd into an agreement known as 'c.i.f. contract in terms of which the defendatn appellants purchased cloth from the plaintiff. several orders were placed by the defendant appellants with the respondent and the respondents despatched goods after the ..... firms averred in his affidavits in support of the notices of motion in all the suit are the parties were governed by the terms and conditions mentined in the standard contract form incliding the above quoted clauses. this position was not specifically denied by the respondetns in their affidavits opposing the notices of motionl hence relying on these clauses it was .....

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