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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1988 Page 5 of about 500 results (0.059 seconds)

May 02 1988 (FN)

Kungys Vs. United States

Court : US Supreme Court

Decided on : May-02-1988

..... of citizenship. in other words, the government must have relied on the statement in offering the defendant the opportunity to become a citizen. although, as is recognized in tort and contract law, it is likely that any material misrepresentation was relied on by the government, this likelihood does not change the burden imposed by the statute. [ footnote 2/3 ] ..... 's material misrepresentation, but only if he or she in fact relied upon the misrepresentation to his or her detriment. restatement (second) of torts 525. although in both contract and tort law it is recognized that, if a misrepresentation was material, the recipient probably relied on it, that probability does not alleviate the requirement that inducement be proved ..... by making actionable only those that are capable of influencing the decision whether to confer citizenship. this principle may be stated more specifically. unlike the decision to enter a contract or to do some act in detrimental reliance on the assertion of another, the decision whether to grant citizenship is an objective one. the applicant either does or does ..... also allows recovery for nonmaterial statements if they are fraudulent. but even in this instance, the misrepresentation must have induced the formation of the contract. restatement (second) of contracts 167 (1981). [ footnote 2/3 ] the following example, though admittedly unlikely, demonstrates the distinction in the roles played by the materiality and procurement elements. suppose an individual .....

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Feb 23 1988 (FN)

Etsi Pipeline Project Vs. Missouri

Court : US Supreme Court

Decided on : Feb-23-1988

..... assumption and recognized that "this interpretation of what constitutes surplus water is unnecessarily narrow." memorandum from susan crawford, general counsel of army, to assistant secretary of army, proposed contracts for municipal and industrial water withdrawals from main stem missouri reservoirs 2 (march 13, 1986), app. to brief for respondent states 14a. its current position is that 6 ..... 6 and 8 of the act, which show that only the army secretary has that independent authority in this instance. section 6 gives the army secretary the authority "to make contracts with states, municipalities, private concerns, or individuals . . . for domestic and industrial uses for surplus water that may be available at any reservoir" under the secretary's control, ..... lake oahe is not a reclamation development undertaken by the interior secretary, primarily because the army built the reservoir and controls its operation. accordingly, the interior secretary cannot contract on his own to withdraw water from the reservoir for industrial use. neither the language nor the legislative history of the act was thought to support the claim that ..... federal statutes. in particular, the plaintiffs contended that the interior secretary lacks statutory authority under the flood control act of 1944 (act), 58 stat. 887, to execute a contract to provide water from lake oahe for industrial uses without obtaining the approval of the secretary of the army. [ footnote 2 ] the district court ruled for the plaintiffs. .....

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Jun 18 1988 (HC)

Physical Research Laboratory and ors. Vs. Dr. Mukul Sinha

Court : Gujarat

Decided on : Jun-18-1988

Reported in : (1988)2GLR1355

..... section 51 reads as follows:51. save as otherwise provided by or under this act, every salaried officer and teacher of the university shall be appointed under a written contract. the contract shall be lodged with the registrar of the university and a copy thereof shall be furnished to the officer or teacher concerned.section 51a reads as follows:51 a. (1 ..... any fundamental right of the that decision, in paragraph 28, it has been further held that:28. the petitioner's counsel, however, contends that person appointed on contract basis, persons similarly situate, were given extension of their term and therefore the non-extension of service to the petitioner was contrary, attracting articles 14 and 16 of the constitution ..... absent without leave: any employee who absents himself for eight consecutive working days without leave shall be deemed to have left the company's service without notice thereby terminating his contract of service. if he gives an explanation to the satisfaction of the management, the absence shall be converted into leave without pay or dearness allowance.any employee leaving the ..... the service of the employee. proposed termination would mean that the employer purposes to terminate an employee's services, which would have otherwise continued till the expiry of the contract. he also submitted that the provision of giving a reasonable opportunity of showing cause and holding an enquiry also supports his contention that the termination of service is as a .....

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Jun 29 1988 (FN)

United States Vs. Kozminski

Court : US Supreme Court

Decided on : Jun-29-1988

..... for assault or battery, or for using bad language in a coercive way. neither are they on trial for neglect, for misappropriation of money, or for breach of an employment contract. your attention page 487 u. s. 975 must be directed to the discrete charge outlined in these instructions." "you will note that element one requires proof that the victim ..... slavery; serfdom; bondage; state of compulsory subjection to a master. . . . in french and english colonies of the 17th and 18th centuries, the condition of transported or colonial laborers who, under contract or by custom, rendered service with temporary and limited loss of political and personal liberty'"). |487 u.s. 931app| appendix relevant jury instructions (app. to pet. for cert. 108a-114a ..... slavery; serfdom; bondage; state of compulsory subjection to a master. . . . in french and english colonies of the 17th and 18th centuries, the condition of transported or colonial laborers who, under contract or by custom, rendered service with temporary and limited loss of political and personal liberty." webster's new international dictionary of the english language. and in 1913 and 1944, funk ..... thirteenth amendment, such as "the right of parents and guardians to the custody of their minor children or wards," id. at 165 u. s. 282 , or laws preventing sailors who contracted to work on vessels from deserting their ships. id. at 165 u. s. 288 . putting aside such exceptional circumstances, none of which are present in this case, our precedents .....

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Feb 23 1988 (FN)

Laborers Trust Fund Vs. Lightweight Concrete

Court : US Supreme Court

Decided on : Feb-23-1988

..... ] "freezing the status quo ante after a collective agreement has expired promotes industrial peace by fostering a noncoercive atmosphere that is conducive to serious negotiations on a new contract. thus, an employer's failure to honor the terms and conditions of an expired collective bargaining agreement pending negotiations on a new agreement constitutes bad faith bargaining in ..... is limited to the collection of "promised contributions," and does not confer jurisdiction on district courts to determine whether an employer's unilateral decision to refuse to make post-contract contributions constitutes a violation of the nlra. [ footnote 16 ] page 484 u. s. 550 iii petitioners, supported by the united states as amicus curiae, advance ..... highly unlikely that the limited reach of the statute is the consequence of inadvertence, rather than deliberate choice. petitioners' first argument -- that denying district courts jurisdiction of post-contract delinquency collection actions leaves a "gap" in the enforcement scheme -- is unpersuasive, since there are indications that it may not be a problem of serious magnitude; since ..... respondent made the contributions until the agreements' expiration date, but made no contributions thereafter. the plans' trustees (hereinafter petitioners) brought suit against respondent to collect the post-contract contributions, alleging that respondent's actions constituted a breach of its duty to bargain in good faith under 8(a)(5) of the nlra, and that the federal .....

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Apr 29 1988 (HC)

Gurukripa Shaskiya Karmachari Sahakari Nirmam Sanstha Vs. Ratanlal S/O ...

Court : Mumbai

Decided on : Apr-29-1988

Reported in : 1988(3)BomCR474

..... anxious consideration to these submissions of mr. deshpande and we have already considered this aspect when we discussed the issue whether time was the essence of contract. we find it difficult to agree with the respondents. the appeal is allowed. the impugned judgment and decree is hereby quashed and set aside. respondents ..... fully support his contention. we have already shown above that the crucial question in the present case is, whether the time was the essence of contract. it would normally be a question of fact which has to be decided on the basis of terms and conditions of the agreement and the surrounding ..... as we have shown earlier, in the peculiar facts and circumstances of this case the parties never intended to treat the time as the essence of contract.7. it is interesting to see the evidence of respondent no. 1 ratanlal chomwal. he has admitted that saraswatibai had raised an objection before the ..... was almost precedent for the execution of the sale-deed. under these circumstances, it is difficult to hold that the time was the essence of contract. nobody could be sure about the exact time that would be needed before the sub divisional officer. the agreement also recites that a 'valid sale ..... that they have already received rs. 40,000/- towards the sale consideration and that it has been ready and willing to perform its part of contract by paying the balance of consideration and that they should execute the sale-deed. the respondent no. 1 refused to execute the sale-deed on .....

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Jul 15 1988 (HC)

The Minerals and Metals Trading Corporation of India Ltd. Vs. the Stat ...

Court : Andhra Pradesh

Decided on : Jul-15-1988

Reported in : [1989]72STC29(AP)

..... of export predicates the connection between a sale and export, the two activities being so integrated that the connection between the two cannot be voluntarily interrupted, without breach of the contract or the compulsion arising from the nature of the transaction ........ there must be an obligation to export and there must be an actual export. the obligation may arise by reason ..... and there must be an integral connection or inextricable link between the first sale following the import and the actual import provided by an obligation to import arising from statute, contract or mutual understanding or nature of the transaction which links the sale to import which cannot be snapped, without committing a breach of statute. the supreme court applied the decision ..... to be regarded as 'in the course of export (or import)' unless the sale occasions export (or import). to occasion export, there must exist such a bond between the contract of sale and the actual exportation (or importation) that each link is inextricably connected with the one immediately preceding it. the connection between the sale and the export (or import ..... ) must be so integrated that the same cannot be voluntarily interrupted, without breach of the contract or compulsion arising for the nature of the transaction. there must be an obligation for export (or import) and there must be actual export (or import). the obligation may .....

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May 12 1988 (HC)

Bharat Heavy Electricals Ltd. and ors. Vs. Union of India (Uoi) and or ...

Court : Orissa

Decided on : May-12-1988

Reported in : 66(1988)CLT456; [1988]71STC25(Orissa)

..... therefore, intended that where the dealer fails to satisfy the assessing authority or where there are no materials before as to the value of the goods involved in works contract which are exigible to orissa sales tax, the deeming provision should be resorted to with a view to determining the taxable turnover. so understood, the expression 'taxable turnover ..... b) ...(c) 'dealer' means any person who carries on the business of purchasing, selling, supplying or distributing goods (including goods used or involved in the execution of works contract, whether as goods or in some other form), directly or otherwise, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration and includes,--(i) to ..... supreme court, orissa act 18 of 1959 was enacted amending the act and all provisions in the act authorising levy and collection of tax on goods involved in works contracts were omitted. since then various states lost the scope of augmenting their revenue from that source and accordingly, after deep deliberation constitution was amended by the 46th constitution ..... all kinds of movable property which includes all materials, articles and commodities whether or not to be used in construction, fitting out, improvement and repair of immovable property' and 'contract' was defined to mean 'any agreement for carrying out for consideration the construction, fitting out, improvement or allotment of any building, road, bridge or other immovable property'. during .....

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Feb 26 1988 (HC)

Gramophone Company of India Limited Vs. Baleswar and Another

Court : Kolkata

Decided on : Feb-26-1988

Reported in : AIR1990Cal6

..... convenience was greatly in favour of preserving the present position (ii) the plaintiffs had established a prima facie case of inducement by the defendants without lawful justification of breach of contract by the wholesalers with the plaintiffs, for the following reasons- (a) on the facts the defendants had sought to induce the wholesalers to reduce greately their orders for the newspaper ..... general secretary and nine committee members of the federation, from doing anything further in the proposed boycott. on appeal the court of appeal took the view that there were running contracts between the plaintiffs and the wholesalers which were determinable on reasonable notice, which might be a matter of weeks and not days, and that a wholesaler had no right to ..... the newspaper to wholesalers, of whom there were about one thousand, and who in turn sold it to retailers for resale to the public. there were not, in general, written contracts between the plaintiffs and the wholesalers. the plaintiffs, having learnt of the letter, delayed issuing a writ while they published an explanation in the newspaper. a letter in reply on ..... restraining the respondent 1 from giving any performance for any person other than the petitioner for the purpose of manufacturing of records. the case of the petitioner is thatby a contract entered into by and between the petitioner and the respondent 1 dt. may 14, 1984 the respondent 1 became exclusive artiste of the petitioner on inter alia the following terms .....

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Feb 02 1988 (HC)

Union of India (Uoi) and ors. Vs. Burn Standard Co. Ltd. and ors.

Court : Kolkata

Decided on : Feb-02-1988

Reported in : 1988(18)ECC108

..... item 68 of the tariff and the free supply items in this case are incorporated in paragraph 1(a) of the special concession of contract for fabrication of wagon, the relevant particulars whereof have already been indicated hereinbefore. it was mr. mukherjee's submission that under the relevant terms ..... of the complete wagon, thus losing their identity.21. it has also been stated that the said petitioners delivered the complete wagons under the contract and they became the manufacturers of such complete wagons within the meaning of section 3 of the said act, which is to the following effect ..... petitioners are not entitled to invoke the writ jurisdiction of this court.19. the said deponent has agreed that in terms of the concerned contract with the railway board, the said petitioners fitted the wagon bodies as manufactured by them to the free supply item, which brought into existence ..... been stated that burn standard company ltd. from their factories inter alia at howrah are manufacturers and suppliers to the railway board, wagons under phased contract entered into by and between them and the railway board from time to time. the deponent has stated that the railway board supplies certain quantities ..... the manufacturing of wagons are concerned. it was their case that such manufacturing of wagons has been continuing for some time and in phased contracts entered into and between them and the railway board from time to time. it has also been indicated that different wagon building programmes were .....

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