Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-29-1988
Reported in : (1989)28ITD57(Delhi)
..... the additional cane price arises no sooner than the purchase of sugarcane is made and the supply to the producer exceeds 85 per cent of the contracted quantity. this view was followed by the same high court in the case of kundan sugar mills v.cit  106 itr 704. in ..... 5a when he realises that the sugarcane grower had. supplied more than 85 per cent of the contracted quantity of sugarcane. what remains then is only the quantification of the additional cane price payable.with the help of the formula any assessee can estimate ..... each sugarcane grower as to how much quantity of sugarcane, each grower had supplied and whether it was in excess of 85 per cent of the contracted quantity or less. the formula is already given in the second schedule. the liability to pay additional cane price accrues to the assessee under clause ..... . in other words, the eligibility for the sugarcane grower to claim additional cane price arises when he supplies more than 85 per cent of the contracted sugarcane so a right always accrues--to quote the observations of the learned accountant member--to the sugarcane grower the moment he supplies more than 85 ..... per cent of the contracted sugarcane. this can be verified from the accounts of the assessee even by the assessee-company before the accounting year comes to a close.normally .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-12-1988
..... with certainty. the two pilots' surviving spouses brought a product liability suit against petitioners beech aircraft corporation, the plane's manufacturer, and beech aerospace services, which serviced the plane under contract with the navy. [ footnote 1 ] the plaintiffs alleged that the crash had been page 488 u. s. 157 caused by a loss of engine power, known as "rollback," due to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-07-1988
..... of imports in order to enforce a private right. suppose, for example, that a domestic producer grants a foreign distributor exclusive distribution rights abroad, and that a provision of the contract, captioned "importation prohibited," bars the foreign distributor from competing for domestic sales. if the foreign distributor nevertheless brazenly imports into the united states, the domestic manufacturer may invoke any of ..... a number of contract remedies -- including monetary or injunctive relief in court -- to enforce its private right. a court-issued injunction is, technically, a "[g]overnment order prohibiting commercial trade." yet one could no ..... to exercise its private right, determines the quantity of any particular product that can be imported. section 526(a)'s "importation prohibition" is of the same type. trademark law, like contract law, confers private rights, which are themselves rights of exclusion. it grants the page 485 u. s. 186 trademark owner a bundle of such rights, one of which is the .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-14-1988
Reported in : ILR1988KAR1413; 1988(1)KarLJ563
..... do not think so. the amendment was effected not with a view to take away the jurisdiction of the civil court to grant specific performance of contract of sale of agricultural land, but to enlarge the area of jurisdiction of the authorities concerned for impeaching the transaction entered into in violation of the ..... number of cases and this court has consistently taken the view that there is no bar for the civil court to grant the specific performance of contract of sale of agricultural land notwithstanding the provisions of section 80(b) of the k.l.r. act. mr. john d'souza submitted that ..... case there would necessarily be an illegal acquisition to which section 35 refers. the agreement would fall within the third paragraph of section 23 of the contract act only if it was possible to say that such illegal acquisition was the inevitable and necessary consequence of the performance of the agreement. if, ..... by disobedience to the law is equally possible. if that be the true position, the suit agreement does not fall within the 23rd section of the contract act and cannot, therefore, be pronounced void.'the division bench further observed as :-'in the view that we should in my opinion take, it follows ..... the judgment and decree of the trial court in o.s. no. 216/85 decreeing the suit of the plaintiff for specific performance of the contract entered into between the parties in respect of the sale of land measuring about 12 acres situate in kogilu village, yelahanka hobli, bangalore north taluk.2 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-22-1988
Reported in : AIR1988SC1791; 1988(2)ARBLR384(SC); 67(1989)CLT247(SC); JT1988(3)SC364; 1988(2)SCALE285; (1988)4SCC12; Supp1SCR562; 1988(2)LC463(SC)
..... so appointed is a government servant. the award of the arbitrator so appointed shall be final, conclusive and binding on all parties to this contract.8. the learned subordinate judge was inclined to hold that the arbitrator had no jurisdiction to arbitrate on disputes which he has purported to ..... on the work or as to any other question, claim, right matter, or thing whatsoever in any way arising out of, or relating to the contract, designs, drawing specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution, or failure to execute the same ..... be read in conjunction with the arbitration clause i.e. clause 23, which provides as follows:clause 23: except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs and instructions hereinbefore mentioned and as to the quality of workmanship or materials ..... class of work and arrange to carry out in such manner as he may consider advisable. no deviation from the specification stipulated in the contract or additional items of work shall ordinarily be carried by the contractor and should any altered, additional or substituted work be carried out by ..... baseless. these claims were for the alleged extra work in respect of which the decision of the superintending engineer under clause 11 of the contract was final and the same was excluded from the purview of the arbitration clause.2. it was contended on behalf of the appellant that .....Tag this Judgment!
Court : Kolkata
Decided on : May-17-1988
Reported in : (1988)2CALLT167(HC)
..... may arise in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract)'. :rule 6 reads as follows :-'6. any mortgagee or mortgagor, or any person entitled to or having property subject to a charge, or any ..... the case of lewis v. green (supra)-astbury, j. observed :'of course it is impossible to say in the case of any contract that the parties may not litigate after they have determined what the true construction of their contract is, but in the case before warrington j. the whole point was whether the defendant owed the plaintiff money, which was entirely .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-07-1988
Reported in : (1989)1CALLT193(HC),93CWN119
a.m. bhattacharjee, j.1. the question that has arisen for the consideration of this special bench is as to whether a person can make an application to the high court for anticipatory bail under section 438 of the code of criminal procedure, after making a similar application under the same section to the court of sessions without success. two of our learned judges, sitting in division have differed on this question, khastgir, j., holding that such an application is maintainable and that the earlier division bench of this court in amiya kumar sen v. state (1979 criminal law journal 288) to the contrary was; wrongly decided, while a.c. sengupta, j., holding such an application to be incompetent and that the aforesaid division bench decision laid down the correct law. 2. section 438 of the code of criminal procedure, 1973, dealing with 'direction for grant of bail to person apprehending arrest', generally referred to id common legal parlance as 'anticipatory bail', provides that'(1) when any person has 'reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the high court or the court of session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released on ball.(2) when the high court or the court of session makes a direction under sub-section (1), it may include such conditions in, such direction in the light of the facts of the particular .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-03-1988
Reported in : (1989)(43)ELT479TriDel
..... the facts narrated in para three that the vessel m.v. mahab-harat during its voyage from kuwait and doha had on board some cargo loaded abroad which under the contract of affreighment it was bound to deliver at bombay. the vessel mahabharat had, therefore, necessarily to sail from okha to bombay. if in the course of that voyage it took ..... cargo, it was still engaged in the carriage of goods between ports abroad and ports in india because it had such goods on board which it must deliver under the contract of affreighment. mr. joshi lastly contended that on the voyage between bombay and madras the vessel consumed imported stores on board such as fuel and other consumable articles partly for ..... calcutta, it could reasonably have been argued that the ship was carrying only coastal goods. in this case the vessel had on board some cargo loaded abroad which under the contract of affreighment it was bound to deliver at madras and calcutta. the vessel had therefore necessarily to sail from bombay to madras and calcutta. if in the course of that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1988
watson v. fort worth bank & trust - 487 u.s. 977 (1988) u.s. supreme court watson v. fort worth bank & trust, 487 u.s. 977 (1988) watson v. fort worth bank & trust no. 86-6139 argued january 20, 1988 decided june 29, 1988 487 u.s. 977 certiorari to the united states court of appeals for the fifth circuit syllabus petitioner employee, who is black, was rejected in favor of white applicants for four promotions to supervisory positions in respondent bank, which had not developed precise and formal selection criteria for the positions, but instead relied on the subjective judgment of white supervisors who were acquainted with the candidates and with the nature of the jobs. after exhausting her administrative remedies, petitioner filed suit in federal district court, alleging, inter alia, that respondent's promotion policies had unlawfully discriminated against blacks generally and her personally in violation of title vii of the civil rights act of 1964. as to petitioner's individual claim, the court held that she had not met her burden of proof under the discriminatory treatment evidentiary standard and, for this and other reasons, dismissed the action. the court of appeals affirmed in relevant part, rejecting petitioner's contention that the district court erred in failing to apply "disparate impact" analysis to her promotion claims. the court held that, under its precedent, a title vii challenge to a discretionary or subjective promotion system can only be analyzed under the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-20-1988
traynor v. turnage - 485 u.s. 535 (1988) u.s. supreme court traynor v. turnage, 485 u.s. 535 (1988) traynor v. turnage no. 86-622 argued december 7, 1987 decided april 20, 1988 * 485 u.s. 535 certiorari to the united states court of appeals for the second circuit syllabus petitioners in these cases are honorably discharged veterans who did not exhaust their "gi bill" educational assistance benefits within 10 years following their military service, as required by 38 u.s.c. 1662(a)(1). under that section, veterans may obtain an extension of the delimiting period if they were prevented from using their benefits earlier by "a physical or mental disorder which was not the result of [their] own willful misconduct." petitioners sought to continue receiving benefits after the expiration of the 10-year period on the ground that they were disabled by alcoholism during much of that period. the veterans' administration (va) found that, under its regulation defining "primary" alcoholism (that which is unrelated to an underlying psychiatric disorder) as "willful misconduct," petitioners were not entitled to the requested extensions. petitioners filed separate federal court actions to review the va's decisions. in no. 86-622, the district court held that it was not foreclosed from exercising jurisdiction by 38 u.s.c. 211(a), which bars judicial review of "the decisions of the administrator on any question of law or fact under any law administered by the veterans' administration providing .....Tag this Judgment!