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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1991 Page 6 of about 674 results (0.041 seconds)

Dec 05 1991 (HC)

Brooke Bond India Ltd. Vs. U.B. Ltd. and Others

Court : Mumbai

Decided on : Dec-05-1991

Reported in : 1992(2)BomCR429; [1994]79CompCas346(Bom)

..... view i have taken of the judgments of the learned single judge and the appeal judgment of our court, i consider myself bound to take the view that the securities contracts (regulation) act, 1956, is not intended to regulate private transactions in shares of public limited companies, not listed on the stock exchange. this contention also, therefore, fails. 40. during the ..... like pl, hl and mw, and, therefore, it cannot be specifically performed. that this is an argument of desperation is obvious. it is inconceivable that seasoned businessmen would enter into contract for transfer of shares and for transfer of assets of companies in which they hold controlling interest, unless they knew that they were capable of fulfilling the terms of the ..... have in law. ergo, the agreement was not intended to be specifically performed, is the submission of the plaintiffs. this argument also does not appeal. there is nothing in the contract which expressly precludes or bars the plaintiffs from seeking specific performance of the agreement. merely because return of earnest money deposit and interest are provided for, it is not possible ..... for specific performance, at least at their stage, is untenable, as the conditions requisite for complying with section 372 of the companies act have not been fulfilled, and, therefore, the contract cannot be specifically enforced at this point of time, and, hence, no interim relief should be granted. 23. the first contention is that, under section 293(1)(a), the board .....

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Jun 17 1991 (FN)

Oklahoma Vs. New Mexico

Court : US Supreme Court

Decided on : Jun-17-1991

..... new mexico, 462 u. s. 554 , 462 u. s. 564 (1983). the parties made an agreement, and have acted in reliance upon the terms of that contract and settled principles of contract law. the contract law principles of all three states disallow recourse to evidence outside the record under these circumstances. in those jurisdictions, where the language of an agreement clearly expresses ..... all the rest would naturally flow down to texas and oklahoma. the court today rewrites that simple allocation. while rivers such as the canadian may be unpredictable, interpretation of contracts involving those rivers should not be. the court frustrates settled expectations by rewriting the compact to mean something other than what its language says. accordingly, i dissent from 501 u ..... v. new mexico, 482 u. s. 124 , 482 u. s. 128 (1987). congressional consent elevates an interstate compact into a law of the united states, yet it remains a contract which is subject to normal rules of enforcement and construction. thus, "unless the compact to which congress has consented is somehow unconstitutional, no court may order relief inconsistent with its ..... scalia, and justice kennedy join, concurring in part and dissenting in part. an interstate compact, though provided for in the constitution, and ratified by congress, is nonetheless essentially a contract between the signatory states. the court's opinion page 501 u. s. 243 overruling new mexico's objections to the report of the special master varies the terms of a .....

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May 13 1991 (FN)

Gilmer Vs. Interstate/Johnson Lane Corp.

Court : US Supreme Court

Decided on : May-13-1991

..... first, those cases did not involve the issue of the enforceability of an agreement to arbitrate statutory claims. rather, they involved the quite different issue whether arbitration of contract-based claims precluded subsequent judicial resolution of statutory claims. since the employees there had not agreed to arbitrate their statutory claims, and the labor arbitrators were not authorized ..... that gilmer's employment agreement with interstate contained a written arbitration clause. rather, the arbitration clause at issue is in gilmer's securities registration application, which is a contract with the securities exchanges, not with interstate. the lower courts addressing the issue uniformly have concluded that the exclusionary clause in 1 of the faa is inapplicable to ..... even when claims of age discrimination are at issue, skirts the antecedent question of whether the coverage of the act even extends to arbitration clauses contained in employment contracts, regardless of the subject matter of the claim at issue. in my opinion, arbitration clauses contained in employment agreements are specifically exempt from coverage of the faa, ..... primary concern animating the faa was the perceived need by the business community to overturn the common law rule that denied specific enforcement of agreements to arbitrate in contracts between business entities. the act was drafted by a committee of the american bar association (aba), acting upon instructions from the aba to consider and report upon .....

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Mar 19 1991 (FN)

N. and W. Ry. Vs. TraIn Dispatchers

Court : US Supreme Court

Decided on : Mar-19-1991

..... the legislative history, judge ginsburg concluded: "from our review of this history, we are confident that congress did not intend, when it enacted the immunity provision, to override contracts. first, congress focused nearly exclusively, in the hearings and debates on the 1920 act, on specific types of laws it intended to eliminate -- all of which were positive ..... in either of its predecessors. obviously, consolidated carriers would find it useful to have the ability to disavow disadvantageous long-term leases on obsolete car repair facilities, employment contracts with high salaried executives whose services are no longer needed, as well as collective bargaining agreements that provide costly job security to a shrinking workforce. if congress had intended ..... to the carriers' collective bargaining agreements, the rla, does not survive the merger in this case. the rla governs the formation, construction, and enforcement of the labor-management contracts in issue here. it requires carriers and employees to make reasonable efforts "to make and maintain" collective bargaining agreements, 45 u.s.c. 152 first, and to ..... the legislative history demonstrates a congressional intent that 11341(a) apply to specific types of positive laws, and not to common law rules of liability such as those governing contracts, the court declined to decide whether the section could operate to override provisions of the railway labor act (rla) governing the formation, construction, and enforcement of the .....

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Oct 03 1991 (SC)

Union Carbide Corporation, Etc., Etc. Vs. Union of India, Etc. Etc.

Court : Supreme Court of India

Decided on : Oct-03-1991

Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)

..... to go to trial. the court could not have altered, varied or modified the terms of the settlement without the express consent of the contracting parties. if it were to find the compensation amount payable under the settlement inadequate, the only option left to it would have been to ..... which is discharged or remitted by the agreement.in deb kumar ray choudhury v. anath bandhu sen and ors. : air1931cal421 . it was mentioned:a contract for payment of money in respect of which a criminal prosecution was permissible under the law, was not by itself opposed to public policy.. the withdrawal ..... it was one not to prosecute a non-compoundable offence. this court held that the arbitration agreement was void under section 23 of the indian contract act as its consideration was opposed to public policy. the award was held void.34. even assuming that the union of india agreed to compound ..... of the registrar- general of this court in the reserve bank of india. that apart as observed in corpus juris secundum, vol.1:an illegal contract or agreement, such as one involving illegality of the subject matter, one involving the unlawful sale or exchange of intoxicating liquors, or a subletting, subleasing ..... isaacs v. robertson l984 (3) aer 140 the privy council said:the...legal concepts of voidness and voidability form part of the english law of contract. they are inapplicable to orders made by a court of unlimited jurisdiction in the course of contentious litigation. such an order is either irregular or .....

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Dec 02 1991 (TRI)

Kasinka Trading Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-02-1991

Reported in : (1993)(65)ELT400Tri(Mum.)bai

..... of section 112. for appellants m/s.jaggat singh sons & bros., his finding is that they acted and abetted in the transaction by showing ante-dated contract, and for appellant mr. santokh singh, the finding is that he and officer mr. bhatia did not perform their duties as per rbi guidelines and ..... in the month of may, strong reliance is placed on the letter dated 17-4-1982 from the suppliers in the foreign country, confirming the contract entered into with their indian agents, and emphasis is laid on the point that the said letter mentions the letter of credit number with further ..... been antedated, the appellants have placed strong reliance, on the documentary evidence, including the letter dated 17-4-1982 from the foreign suppliers confirming the contract, where the number of letter of credit has also been mentioned, and have pleaded that letter of credit was opened on the date specified, and ..... unauthorised.20. it is also significant to note, that generally when policy provisions are changed, a saving clause is inserted protecting the imports, where firm contract/order has come into existence, prior to such changes or prior to some date as may be specified. if the licences issued prior to such ..... cegat wrb decision in gokuldas harbhagwandas v. collector of customs, 1987 (29) e.l.t. 379 (tri.) he pleaded that the date of firm contract would be the relevant date. the ld. advocate also pleaded that public notice, could not alter or amend the policy provisions so as to affect licences .....

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Dec 02 1991 (TRI)

Jaggat Singh Sons and Bros. and Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-02-1991

Reported in : (1993)(44)LC287Tri(Mum.)bai

..... of section 112. or appellants m/s.jaggat singh sons & bros., his finding is that they acted and abetted in the transaction by showing ante dated contract, and. for appellant mr. santokh singh, the finding is that he and officer mr. bhatia did not perform their duties as per rbi guidelines and ..... in the month of may, strong reliance is placed on the letter dated 17.4.1982 from the suppliers in the foreign country, confirming the contract entered into with their indian agents, and emphasis is laid on the point thai the said letter mentions the letter of credit number with further endorsement ..... been ante dated, the appellants have placed strong reliance on the documentary evidence, including the letter dated 17.4.1982 from the foreign suppliers confirming the contract, where the number of letter of credit has also been mentioned, and have pleaded that letter of credit was opened on the dale specified, and ..... unauthorised.20. it is also significant to note, that generally when policy provisions are changed, a saving clause is inserted protecting the imports, where firm contract/order has come into existence, prior to such changes or prior to some date as may be specified. if the licences issued prior to such ..... 5.4.1982 and placing reliance on the cegat wrb decision in gokulda.s ilarbhagwandas v. collector of customs he pleaded that tiie date of firm contract would be the relevant dale. the ld. advocate also pleaded that public notice, could not alter or amend the policy provisions so as to .....

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Sep 24 1991 (HC)

Management of Guest Keen Williams Ltd. Vs. Presiding Officer, Ii Addl. ...

Court : Karnataka

Decided on : Sep-24-1991

Reported in : ILR1991KAR3731; 1992(1)KarLJ255

..... by way of punishment inflicted pursuant to disciplinary action; (ii) voluntary retirement of the workman; (iii) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; (iv) or termination of the service on the ground of continued ill health. once the ..... 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 ..... yourselffrom work without permission or intimation from april 3, 1981till date, under the circumstances, you are deemed to have leftthe services of the company without notice, thereby terminatingyour contract of service.a copy of this letter is being sent to you separately undercertificate of posting.we are advising our accounts department to pay your dues,if any.yours ..... orders that will apply. this vital distinction between an order emanating from the employer terminating or discharging the services of the workman as against the workman himself terminating his contract of services by operation of clause 20 of the standing orders has not been properly appreciated. in support of this submission, reliance is placed on buckingham and carnatic .....

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Dec 18 1991 (HC)

Yogambika Vs. Narsingh

Court : Karnataka

Decided on : Dec-18-1991

Reported in : ILR1992KAR717

..... evidence that the appellant secured an unfair advantage over mohsinali and qurban hussain when he entered into the agreement. nor is there anything to prove that the performance of the contract would involve the respondents in some hardship which they did not foresee. in our opinion, there is no reason why the appellant should not be granted the relief of specific ..... the conclusion that there was no agreement between the parties regarding essential terms of the agreement. therefore, there was no consensus ad idem and as 'such, there was no valid contract to be enforced. that being so, it is not possible to hold how that said decision can be of any help to the defendant on this point.in prakash chandra ..... for consideration, we may point out here that we have not raised the point for determination as to readiness and willingness of plaintiff-1 to perform her part of the contract because the trial court has answered issue no. 3 in favour of the plaintiffs and no arguments are advanced before us challenging the correctness of that finding.13. point no ..... rs. 25,000/- and executed an agreement to sell dated 28/29-4-1980?2) whether the plaintiff further proves that the defendant failed to perform his part of the contract by executing registered sale deed after receiving balance of sale consideration?3) whether she further proves that she was willing to perform her part of the .....

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Dec 05 1991 (HC)

Jayakunvar Manilal Shah Vs. Syndicate Bank

Court : Karnataka

Decided on : Dec-05-1991

Reported in : ILR1992KAR1053; 1992(2)KarLJ583

..... hereunder or in respect of cheques, hundis, bills, drafts, guarantees and undertakings and give up or modify or abstain from perfecting or taking advantage of any securities or contracts and discharge any party or parties and accept or make any composition or arrangement and realise any securities when and in such manner as the syndicate may think expedient.'32 ..... must fulfil before the guarantee will attach, it may be entire of fragmentary and therefore divisible. the consideration for a promise of guarantee need not appear in writing.under the contract act, past consideration is also good consideration,26. in kali charan's case, it was contended that the surety bond was without consideration, because, the surety was not executed ..... air1984guj93 , state bank of india v. premco saw mill; (iii) : air1929all72 , chakanlal and ors. v. kanhaiyalal ors. ; (iv) , gulam hussain v. faiyaz ali khan;24. section 127 of the indian contract act, 1872 ('the act' for short) reads thus:-'127. consideration for guarantee. - anything done, or any promise made, for the benefit of the principal debtor, may be sufficient consideration to ..... supported by consideration. even otherwise, it is contended by sri aswatharam, learned counsel appearing for the plaintiff-bank that as per the provisions contained in section 127 of the contract act, even the past consideration is a good consideration, it is also contended that the loans were granted on condition that the directors should stand as sureties and and .....

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