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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 2005 Page 9 of about 1,140 results (0.042 seconds)

Mar 04 2005 (TRI)

Reliance Infocomm Limited Vs. Union of India (Uoi) (Dot)

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Mar-04-2005

..... for the building of four torpedo boats, delivery to be within periods varying from six and a half months to seven and three-quarter months from the date of the contracts. the contracts provided that 'the penalty for later delivery shall be at the rate of 500l. per week for each vessel.' the vessels having been delivered many months after the ..... consideration of such payment" and "as it thinks fit" have been appropriately used. of course, no one can say that "conditions" could be arbitrary or unreasonable. license is not a contract in its ordinary sense but rather a privilege granted to the licensee on certain conditions for establishing, maintaining and working telecommunications in the country. there are conditions in the license ..... aggrieved party claims relief' as a plaintiff. the section does not confer a special benefit upon any party; it merely declares the law that notwithstanding any term in the contract predetermining damages or providing for forfeiture of any property by way of penalty, the court will award to the party aggrieved only reasonable compensation not exceeding the amount named or ..... jurisdiction to award such compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to settled principles. the .....

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Jun 22 2005 (TRI)

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-22-2005

Reported in : (2005)96TTJ(Delhi)1

..... in the goods is not to revert back to the supplier as is held in the case of alcatel (supra). as regards works contract, all contracts to be regarded as one, overall agreement etc., we have already dealt with in detail in the earlier part of the order. to ..... that mr. g.c. sharma, who argued the appeal on behalf of the income-tax authorities was wrong in construing the supply contract, the installation contract and the overall agreement together and drawing the conclusion that the intention of the parties, as manifested on a combined reading of all ..... assessee to show that no income accrued in india. in this background, the first contention of mr. sharma was that the supply contract, the installation contract and the business promotion agreement have all to be read together and if so read, the conclusion would be inescapable that all of ..... installation and construction of telephony networks and also in providing different information technology (software) solutions. moreover, its income in respect of the installation contracts is assessed in its hands. further, evidence that it is an independent entity is reflected from the assessment order for the assessment year 1998- ..... guarantee to be provided, by each contractor are according to their respective responsibilities under the agreement. as per clause 12 of the installation contract, it is the responsibility of the installation contractor to perform the installation. the supply contractor is in no way connected with the installation plan .....

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Sep 30 2005 (TRI)

Essar Steel Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Sep-30-2005

Reported in : (2005)97TTJ(Ahd.)985

..... receipt depended on multiplicity of transaction, association of business and existence of a scheme and not on business operation. the intention, motive and purpose with which contract was entered and cancelled, were also relevant for determining character of receipt. in the case before the special bench after taking into consideration number of transactions ..... by their absence in the present case before us. in our considered opinion, the dominant intention, motive and purpose of entering into forward foreign exchange contracts and cancellation thereof were clearly to provide a hedging mechanism against enhancement of liabilities for repayment of foreign loans raised for the purpose of acquisition of capital ..... technical expertise and supporting designs and drawings, warrantees, inventions, power of attorneys, assignments, deed of confirmations, mortgages, goodwill, permits, licences, quotas and other intangible benefits, ongoing contracts, tenancies, pending claims, lease of various premises, right and other easements, technical and engineering data, design data, etc. and the claim and receipts under arbitration, negotiations, disputes, ..... future exchange losses in repayment of foreign currency loans, equipment purchases and technical services. however, as reported in the directors' report for 1992-93 these contracts were cancelled as no longer required due to greater stability of rupee against us $. it was probably because the government announced partial convertibility of rupee and .....

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Sep 30 2005 (TRI)

Essar Steel Ltd. Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Sep-30-2005

Reported in : (2005)97ITD125(Ahd.)

..... receipt depended on multiplicity of transaction, association of business and existence of a scheme and not on business operation. the intention, motive and purpose with which contract was entered and cancelled, were also relevant for determining character of receipt. in the case before the special bench after taking into consideration number of transactions ..... by their absence in the present case before us. in our considered opinion, the dominant intention, motive and purpose of entering into forward foreign exchange contracts and cancellation thereof were clearly to provide a hedging mechanism against enhancement of liabilities for repayment of foreign loans raised for the purpose of acquisition of capital ..... technical expertise and supporting designs and drawings, warrantees, inventions, power of attorneys, assignments, deed of confirmations, mortgages, goodwill, permits, licences, quotas and other intangible benefits, ongoing contracts, tenancies, pending claims, lease of various premises, right and other easements, technical and engineering data, design data, etc. and the claim and receipts under arbitration, negotiations, disputes, ..... future exchange losses in repayment of foreign currency loans, equipment purchases and technical services. however, as reported in the directors' report for, 1992-93 these contracts were canceeed as no longer required due to greater stability of rupee against us$. it was probably because the government announced partial convertibility of rupee and .....

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Mar 01 2005 (FN)

Cherokee Nation of OklA. Vs. Leavitt

Court : US Supreme Court

Decided on : Mar-01-2005

..... sufficient funds, and that, in this instance, congress failed to do so. the government in effect concedes yet more. it does not deny that, were these contracts ordinary procurement contracts, its promises to pay would be legally binding. the tribes point out that each year congress appropriated far more than the amounts here at issue (between $1. ..... restrictive language exists, the earlier statutes unambiguously provided unrestricted lump-sum appropriations. nor should 314 be interpreted to retroactively bar payment of claims arising under 1994 through 1997 contracts. that would raise serious constitutional issues by undoing binding governmental contractual obligations. thus, the court adopts the interpretation that congress intended to forbid the indian health service ..... to 314 of the later-enacted 1999 appropriations act, which states that amounts earmarked in committee reports for the indian health service [for] payments to tribes for contract support costs are the total amounts available for fiscal years 1994 through 1998 for such purposes. the court rejects the government s claims that this statute merely clarifies ..... make the government s promise nonbinding, since the relevant appropriations contained unrestricted funds sufficient to pay the claims at issue. when this happens in an ordinary procurement contract case, the government admits that the contractor is entitled to payment even if the agency has allocated the funds to another purpose. that the government used the .....

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Jun 22 2005 (HC)

Uttar Pradesh State Bridge Construction Corporation Limited Vs. Bangal ...

Court : Karnataka

Decided on : Jun-22-2005

Reported in : 2005(3)ARBLR254(Kar); 2005(2)CTLJ451(Kar); 2005(5)KarLJ112

..... agreement and all these were accepted by the respondent. for inexplicable reasons, the respondent withdrew the concessions given by simply citing that the appellant did not execute the supplementary contract of agreement when, on the other hand, the appellant had placed all the material before the respondent. the respondent has not cited either delay or inefficiency on the ..... observations of the learned single judge, the learned senior counsel sri vijayashankar contended that even assuming that there is unreasonableness on the part of the respondent in terminating the contract, yet, the remedy lies in the civil court and specific performance cannot be insisted upon by the appellant to enforce the contractual obligation.48. having regard to the ..... regarding extension of time, concession considered, discussed, deliberated, opportunities accorded stand cancelled the bda reserves its rights and authorities conferred on the employer or the engineer under the contract.xxx xxx xxx'.26. by this one letter dated 21-2-2005, the respondent suddenly withdrew all the concessions made and amendments discussed and agreed to between the parties ..... the bda to withdraw the notice of termination. thereafter, the bda issued letter dated 17-1-2005 as per annexure-p requesting the appellant to sign the supplementary contract agreement. the appellant by its letter dated 22-1-2005 as per annexure-q intimated its acceptance and execution of the supplementary agreement, subject to certain modifications and .....

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Feb 02 2005 (SC)

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-02-2005

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649

..... ., but it is not disputed that it earns a lot of revenue through sale of tickets, advertisements in the stadia, selling of advertisement in the electronic media, giving out contracts by way of food stalls and installation of other stalls, selling of broadcasting and telecast rights, highlight programmes. the board is admittedly not a charitable trust.270. the state ..... is an affirmative answer, then the change would be significant to say the very least. it would have ramifications for other subjects, such as company law, commercial law and contract. it would increase the courts' judicial review case load. it would involve difficult questions as to how such substantive public law principles fit with previously accepted doctrines of private law ..... subject to the constitutional discipline of part iii of the constitution of india, are as under:'a. it undertakes all activities in relation to cricket including entering into the contracts for awarding telecast and broadcasting rights, for advertisement revenues in the stadium etc.b the team fielded by the bcci plays as 'indian team' while playing one day internationals ..... share one characteristic. they are steadily taking the place of traditional forms of wealth. these valuables which derive from relationships to government are of many kind : leases, licenses, contracts and so forth. with the increasing magnitude and range of governmental functions as we move closer to a welfare state, more and more of our wealth consists of these new .....

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Aug 12 2005 (SC)

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Decided on : Aug-12-2005

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

..... significance is that the model law reflects an emphasis in favour of arbitration in the first instance in international commercial arbitrations to which it applies'. the courts in matters of contract interpretation as such are limited in that they do not appear to have a role in determining matters of law or construction; jurisdiction and scope of authority are for ..... been removed. the importance of transnational commercial arbitration has been recognised and it has been specifically provided that even where the arbitration is held in india, the parties to the contract would be free to designate the law applicable to the substance of the dispute. under the new law unless the agreement provides otherwise, the arbitrators are required to give ..... either before the arbitral tribunal or before the court at the post-award stage.46. undoubtedly, an international commercial arbitration involves huge expenses, particularly where the parties have subjected the contract to a foreign law. but, that cannot be a deterrent to this court from pronouncing on the correct approach to be adopted under section 45 of the act. in ..... present case, to effectively decide whether the arbitration agreement is 'null and void, inoperative or incapable of being performed', the court would have to apply the law to which the contract has been expressly subjected, namely, japanese law. obviously, proof of japanese law (as applicable to arbitration agreements) would have to be rendered on the lines of proving facts in .....

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Apr 07 2005 (HC)

Hindu Community in General and Citizens of Gobichettipalayam Senniappa ...

Court : Chennai

Decided on : Apr-07-2005

Reported in : (2005)3MLJ149

..... really assumes that neither party will alter his or her will without the knowledge of the other. it has long been established that a contract between persons to make corresponding wills gives rise to equitable obligations when one acts on the faith of such an agreement and dies leaving his ..... death of one of the testators if the survivor had received benefits under the mutual will, and that there need not be a specific contract prohibiting revocation when the arrangement takes the form of not two simultaneous mutual wills but one single document. in fact in some of the ..... becomes irrevocable on the death of one of the testators if the survivor had received benefits under the mutual will. there need not be a specific contract prohibiting revocation when the arrangement takes the form of not two simultaneous mutual wills, but one single document. if one single document is executed using the ..... mutual will, and there need not be a specific contract prohibiting revocation when the arrangement takes the form of not two simultaneous mutual wills but one single document.(300.019) joint will.-- a joint ..... mutual will is a mode of disposition to ascertain beneficiaries by two persons. mutual wills are also called reciprocal wills and are generally founded on contract for their execution. a joint mutual will becomes irrevocable on the death of one of the testators if the survivor had received benefits under the .....

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Jun 27 2005 (FN)

Castle Rock Vs. Gonzales

Court : US Supreme Court

Decided on : Jun-27-2005

..... , but the court nevertheless refused to treat that entitlement as a property interest within the meaning of the due process clause. footnote 19 as the analogy to a private security contract demonstrates, a person s interest in police enforcement has some ascertainable monetary value, ante , at 17. cf. merrill, the landscape of constitutional property, 86 va. l. rev. 885, 964, n ..... with a private firm.[ footnote 19 ] the fact that it is based on a statutory enactment and a judicial order entered for her special protection, rather than on a formal contract, does not provide a principled basis for refusing to consider it property worthy of constitutional protection.[ footnote 20 ] v because respondent had a property interest in the enforcement of the ..... of the due process clause. if a colorado statute enacted for her benefit, or a valid order entered by a colorado judge, created the functional equivalent of such a private contract by granting respondent an entitlement to mandatory individual protection by the local police force, that state-created right would also qualify as property entitled to constitutional protection. i do not ..... the statute could be said to make enforcement mandatory, that would not necessarily mean that respondent has an entitlement to enforcement. her alleged interest stems not from common law or contract, but only from a state s statutory scheme. if she was given a statutory entitlement, the court would expect to see some indication of that in the statute itself. .....

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