Court : Karnataka
Decided on : Jan-21-1991
Reported in : 1(1992)ACC58
..... that it cannot be made out on whose count or at whose instance the insurance came to be taken and either insurance policy or the contract of the indemnity entered into between the appellant and the respondent could have thrown some light on how, why and who exactly took the insurance in the ..... observations in halsbury's laws of england, 4th edition (volume 41), at page 1756 of the report. the learned author says--under a free on rail contract (f.o.r.), the seller undertakes to deliver the goods into railway wagons or at the station (depending on the practice of the railway) at ..... the consignee has to be decided on other evidence. ordinarily, it is the consignor who can sue if there is damage to the consignment, because the contract of carriage is between the consignor and the railway administration. where, however, the property in the goods carried has passed from the consignor to consignee, ..... damage suffered by them. secondly, as the property in goods passed on to the consignee the 2nd defendant by virtue of the nature of die contract and in the absence of there being any proof of a different intention, the plaintiffs could not file this suit for damages against the respondents. ..... incidental expenses etc. however, the ngef demanded from the appellant insurer rs. 1,71,000/- in full satisfaction of their claim in pursuance of the contract of insurance entered into between the appellant and the ngef. a letter of subrogation and general power of attorney in favour of the appellant came to .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-26-1991
Reported in : (1994)IIILLJ643MP; 1991(0)MPLJ914
..... position that no kind of agreement was at any time made, whether of insurance or indemnity, whether the insurance act or contract act, between the corporation and the employees/respondents.16. it is true that section 72, contract act recognises the principle that any person to whom money has been paid or anything ..... toiling and teeming millions of the country. as regards shri dubey's reliance on george 'joseph fernandes case (supra), that is on section 20, contract act about 'mistake' of parties in respect of an agreement between them. although to paras 22 and 23 of the report, shrf dubey has drawn ..... payment merely of 'contribution' contemplated under chapter iv of the act, neither the employer nor the employee can contend that a separate and independent contract of insurance between the corporation on one side and on the other side employer and/or employee was created and that was either void or ..... mittal on jainendra kumar 1985 jlj 533, which was a case on hindu law, in an appeal arising out of a suit for specific performance of contract, i deem misconceived. true, by referring to section 114(e), evidence act, the court stated therein the settled law that party suppressing any crucial ..... case of neither employer was covered by the said regulation. on behalf of respondent/employers, shri dubey endeavoured to sustain the impugned order, invoking section 70 contract act. he also cited i.t.c. ltd. v. george joseph fernandes : air 1989 sc 839. the thrust of the argument of shri mittal .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-06-1991
Reported in : ILR1992KAR894; 1991(3)KarLJ290
..... all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.'illustration (c) to section 90 reads thus:'(c) a mortgages land to b, who enters into possession. b allows the government revenue ..... purchase of 2 properties, the two other conditions to attract provisions of section 90 of the trusts act are conspicuously absent in as much as either in law or under contract, there was no obligation for him to pay the arrears of municipal taxes. in a later decision in the case of jayasingh dnyanu mhoprekar and anr. v. krishna babaji path ..... this mortgage deed about the exact decretal amount on the municipal taxes due and about the liability of the mortgagee to discharge the same. in other words, there was no contract between the mortgagors and the mortgagee that the mortgagee should pay the arrears of municipal tax of rs. 261-04 annas, that was the subject matter of the decrees. on ..... defendant purchased the properties on 15-1-1935. section 76-c of the transfer of property act is thus:'76 (a).......... (b)........ (c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the government revenue, alt other charges or a public nature and all rent accruing due in respect thereof during .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-27-1991
Reported in : ILR1991KAR4410; 1991(3)KarLJ4
s.p. bharucha, c.j.1. the appeal is directed against the order dismissing the writ petition filed by the appellant.2. briefly stated the facts are these: we are concerned with land admeasuring 1a-30g bearing sy. no. 658/2a and land admeasuring 1a-37g bearing sy. no. 658/2b in chamarajanagara taluk, mysore district. these lands belong to the appellant. on 4th march 1985 a notification was issued under section 4(1) of the land acquisition act, 1894, to acquire the lands for the public purpose of the regional silk research centre. a notification dated 4th december 1986 was issued under section 6 of the act. on 23rd january 1987 the appellant filed a writ petition in this court (being w.p. no. 1044 of 1987) and obtained on 23rd january 1987 an interim stay of further proceedings. the writ petition was heard and disposed of on 4th october 1988. the learned judge found from the records produced by the government pleader that the enquiry under section 5a did not meet the requirements of law for there was nothing to show that the objections of the appellant had been considered. in the circumstances, he held the enquiry to be bad and allowed the writ petition. he directed the appellant to appear before the land acquisition officer on 25th october 1988. on 25th november 1988 a fresh enquiry under section 5a was started and it was concluded on 23rd december 1989. on 12th april 1990 the state government approved the report of the land acquisition officer and directed the issuance of a .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-06-1991
Reported in : ILR1991KAR4421; 1991(4)KarLJ654
rama jois, j.1. in these writ appeals, following two questions of law arise for consideration:(1) whether this court has no jurisdiction under article 226 of the constitution of india to interfere with any illegality committed in the course of holding election to the offices of any authority/body, which is regulated by statutory provisions, if the law provides for filing an election dispute challenging the legality of the election of the candidates declared elected?(2) if the answer to the above question is in the negative, then under what circumstances this court should exercise or should decline to exercise its extraordinary jurisdiction under article 226 of the constitution?2. brief and undisputed facts of the case are these: the 2nd respondent - the taluka agricultural produce co-operative marketing society (t.a.p.c.m.s) is a co-operative society constituted and functioning under the karnataka co-operative societies act 1959 ('the act' for short). the area of its operation is bangalore north taluk. under section 16 of the act, any other co-operative society can be admitted as its member. the agricultural co-operative societies (vyavasaya seva sahakara sanghas) established at various places in the taluk, are its members. matters relating to election to the managing committee of the society are regulated by the provisions of the act and the rules framed thereunder. in respect of certain classes of co-operative societies, section 29c(5) of the act empowers the state .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-11-1991
Reported in : (1991)97CTR(Kar)47; 193ITR582(KAR); 193ITR582(Karn)
k. shivashankar bhat, j.1. the question referred to us under the provisions of the income-tax act, 1961, read thus : '(1) whether, on the facts and in the circumstances of the case, the liability to pay surtax is an admissible deduction in computing the total income (2) whether, on the facts and in the circumstances of the case, the expenditure incurred on physicians' samples is in the nature of advertisement expenditure falling within the restrictive provisions of section 37(3a) of the income-tax act, 1961 ?' 2. the first question has to be answered in the negative and in favour of the revenue following the decision of this court in cit v. international instruments (p.) ltd. : 144itr936(kar) . 3. the second question requires consideration. the assessee manufactures drugs. physicians' samples were claimed as expenditure under section 37 of the income-tax act, 1961 ('the act', for short). this expenditure was treated as an expenditure incurred towards advertisement, publicity or sales promotion and, consequently, the restrictive clause of section 37(3a) of the act was applied resulting in disallowance of a part of the expenditure incurred by way of supplying physicians' samples. according to the assessee, the expenditure claimed is not an expenditure incurred towards advertisement, publicity or sales promotion. it was an expenditure falling within section 37 itself, as an expenditure laid out or expended wholly and exclusively for the purpose of the business. the .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-23-1991
Reported in : (1994)1GLR655
..... and also security for the performance of that guarantee and it is a perfectly legitimate and legal way of conducting such commercial transactions. in fact chapter viii of the contract act deals with indemnity and guarantee and provides for this kind of tripartite arrangement.10. as regards consideration, it is true that no direct consideration flowed from the plaintiff to the defendant ..... such tripartite arrangement, anything done for the benefit of the principal debtor is a sufficient consideration to the surety for giving guarantee as expressly provided in section 127 of the contract act. thus, even though there is no consideration to the third party-surety for mortgage, the consideration of having done anything for the benefit of the principal debtor is a ..... therefore, in an agreement to execute mortgage, if there is any promise by the creditor to advance monies on creation of such mortgage, there cannot be specific performance of the contract to lend money. but when the lender has advanced the money and the debtor has agreed to create a mortgage, that agreement is specifically enforceable. this proposition has been laid ..... incomplete statement and incomplete quotation. that paragraph from mulla further reads as under:(e) in south african territories ltd. v. wallngton (f) lord macnaghten said that specific performance of a contract to lend money cannot be enforced is so well established, 'and obviously so wholesome a rule, that it would be idle to say a word about it' the remedy for .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-21-1991
Reported in : 1993ACJ1107; AIR1991Kant385; ILR1991KAR1614; 1991(1)KarLJ401
..... that it cannot be made out on whose count or at whose instance the insurance came to be taken and either insurance policy or the contract of the indemnity entered into between the appellant and the respondent could have thrown some light in how, why and who exactly took the insurance in the ..... in halsbury's laws of england, 4th edition (volume 41), at page 1756 of the report. the learned author says -'under a free on rail contract (f.o.r.) the seller undertakes to deliver the goods into railway wagons or at the station (depending on the practice of the railway) at his ..... to the consignee has to be decided on other evidence. ordinarily, it is consignor who can sue if there is damage to the consignment, because the contract of carriage is between the consignor and the railway administration. where, however, the property in the goods carried has passed from the consignor to consignee, ..... actual damage suffered by them. secondly, as the property in goods passed on the consignee the 2nd defendant by virtue of the nature of the contract and in the absence of there being any proof of a different intention, the plaintiffs could not file this suit for damages against the respondents. ..... incidental expenses etc. however, the ngef demanded from the appellant insurer rs. 1,71,000/- in full satisfaction of their claim in pursuance of the contract of insurance entered into between the appellant and the ngef. a letter of subrogation and general power of attorney in favour of the appellant came to .....Tag this Judgment!
Court : Kerala
Decided on : Dec-10-1991
Reported in : AIR1992Ker202
..... adventure is missing'. the schedule attached to the act gives the form of policy. the policy is issued under section 24 of the act, since it is provided that a contract of marine insurance shall not be admitted in evidence unless it is embodied in a marine policy in accordance with the act. so, the policy in this case also has ..... case of the defendant is that the plaintiffs have either clandestinely removed the vessel or sunk the same in deep waters to defraud the insurer. it was contended that a contract of marine insurance being one based upon the utmost good faith; such good faith was not observed by the plaintiffs and that the plaintiffs are not entitled to get the ..... marine insurance act, 1963 (act no. ii of 1963), for short, the act. s. 2(a) of the act defines 'contract of marine insurance' as a contract of marine, insurance as defined by section 3. section 3 defines marine insurance thus : 'a contract of marine insurance is an agreement whereby the insurer undertakes to idemnify the assured, in the manner and to the ..... extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure'. so, the indemnity covered by the marine insurance is losses incidental to marine adventure .....Tag this Judgment!
Court : Kerala
Decided on : Mar-25-1991
Reported in : 192ITR1(Ker)
..... may be adjusted on the basis of the tentative price approved by the firm and further advances may be sanctioned so as to enable them to continue further production. an indemnity bond was executed by the chairman of the company to the effect that if the price structure fixed by the government is lower than the rate1 fixed by the firm ..... the commissioner of income-tax.(appeals), observed that the price of drugs supplied by the assessee-company to the health service department was only tentative, but was not fixed by contract or otherwise. the entries made in the accounts represented only mere claims and did not represent any accrued income or income received. it was for these reasons that the tribunal ..... supplies and if, on the contrary, the price fixed is higher, the balance amount can be claimed by the firm from the government. it was on the basis of this indemnity bond and subsequent order of the government that the assessee made the claim which was turned down by the government. by that time, the- amount had been included in the ..... and 1975-76. that claim was made in accordance with the government order g. o. r1-34 dated october 10, 1975. the government order was issued in pursuance of an indemnity bond executed by the assessee to the effect that, if the price structure fixed by the government of india is lower than the rate now fixed by the firm, the .....Tag this Judgment!