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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1970 Page 1 of about 606 results (0.073 seconds)

Feb 13 1970 (SC)

SaifuddIn Hussinbhay Siamwala Vs. the Burma Cycle Trading Co.

Court : Supreme Court of India

Decided on : Feb-13-1970

Reported in : (1971)3SCC881

..... to them. it had neither been pleaded nor proved that there was any contract of tenancy between the firm saleh bros., and the tenant, the present respondent. in the absence of any pleading on the point by the respondent ..... appellants was in the nature of a proceeding to enforce a right arising from a contract. it is difficult to understand the decision on the point. it is common ground that when the property was purchased by the appellants the tenant attorned ..... the provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect(a) * * *6. the high court, as previously stated, considered that the application for eviction which had been filed by the ..... firms as partners their petition for eviction was not maintainable under the act since it was a proceeding to enforce a right arising out of a contract within the meaning of section 69(3) of the partnership act. he even expressed the view that although the landlords of the premises in question ..... under the name and style of saleh bros. the tenant filed a written statement raising various pleas but it was nowhere alleged or stated that any contract of tenancy had been entered into by the partnership of which the four appellants were the partners.3. before the rent controller the only issues raised .....

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Jul 31 1970 (HC)

State of Rajasthan Vs. Satya Nand Sardana

Court : Rajasthan

Decided on : Jul-31-1970

Reported in : 1971WLN573

..... by the waiver of the previous one.although the circumstances may have occurred, under which the right to forfeit arises by the terms of the contract, the employer may find himself precluded from enforcing the forfeiture, either because he has waived his right, or because he has, by his own ..... of the powers exercised by various authorities in july, 1958. in the present case the order of rescinding the contract was made by the executive engineer on 9th may, 1958, that is, before the publication of this order. the learned additional government advocate ..... no. 31, the executive engineer has been empowered to rescind contracts provided such cancellation does not result in any loss of government. but it appears from the order that certain amendments were made in delegation ..... by the chief engineer but it was done by the executive engineer. in order to show that the executive engineer was authorised to rescind the contract, the learned additional government advocate has placed reliance upon the finance department rules published in the rajasthan gazette part iv(c) when at item ..... to how the contractor had become liable to pay compensation amounting to the whole of the security deposit. clause (3) of the conditions of contract provides for compensation on two contingencies viz., delay in progress and failure to complete to time. in either of these contingencies the chief engineer .....

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Nov 06 1970 (HC)

Linga Reddy Vs. Ramachandrappa

Court : Karnataka

Decided on : Nov-06-1970

Reported in : AIR1971Kant194; AIR1971Mys194; (1971)1MysLJ159

..... itself. in pursuance of the said contract to purchase, the defendant made an application to the assistant commissioner and obtained permission to alienate the suit lands in favour of the plaintiff. there ..... is satisfactory evidence in the case to prove the plaintiffs possession, which has been accepted by the lower court. there is a recital in the contract to purchase about delivery of possession in favour of the plaintiff on the 12th of october, 1962. the entire consideration was paid on that day ..... in support of his contention that even after the judgment of the privy council in , the high courts in india have taken the view that the contracts to purchase entered into by the guardians of hindu minors cannot be specifically enforced. in the aforesaid decisions, the high courts of assam, madras, allahabad ..... for a loan. mallanna, according to the defendant, agreed to give the loan provided he had adequate security. according to the defendant, the contract to sell was executed as security for the loan given by mallanna as the natural guardian of the minor plaintiff to tamma ready. it is ..... of 1963. the plaintiff is a hindu minor represented by his father and natural guardian mallanna. the suit is one for specific performance of the contract to sell executed by the defendant in favour of the plaintiff on the 12th of october, 1962, and for a permanent injunction restraining the defendant .....

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Jan 01 1970 (SC)

State of Karnataka and Others Etc., Etc. Vs. D. P. Sharma Etc., Etc. ( ...

Court : Supreme Court of India

Decided on : Jan-01-1970

Reported in : (1975)4CTR(SC)45

..... , with respect to raising and disposing public revenues. we are not, therefore, prepared to upset a classification made by the legislature based on it knowledge and information that the contract carriages in the state use the roads more and cause greater damage to them as they are free from may of the restrictions placed on the running of stage carriages ..... the state and, therefore, the tax is discriminatory.8. the learned solicitor general, appearing for the appellants, submitted that the burden of proving that the classification between stage carriage and contract carriages was unreasonable was on the respondents and, as they did not discharge the burden, the high court went wrong in holding that the classification was reasonable. secondly, he submitted ..... by certificate, are directed against the judgment of the high court.item 4a reads;'motor vehicles plying for hire or reward used for transport of passengers in respect of which contract carriage permits have been issued under the motor vehicles act, 1939 and permitted to carry more than five persons excluding the driver, for every passenger which the vehicle is permitted ..... of the schedule to the act by mysore motor vehicles taxation (amendment) act, 1972, is constitutionally valid. by the amendment, tax in respect of motor vehicles which are covered by contract carriage permits has been raised from rs. 35/- to rs. 100/- per seat per quarter.2. before the high court, the respondents challenged the validity of the amendment act .....

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Apr 02 1970 (HC)

Modi Industries Limited Vs. the Union of India and anr.

Court : Delhi

Decided on : Apr-02-1970

Reported in : ILR1970Delhi621

..... is absolutely of no avail. the constitutional provision has been inserted in public interests to lay down the manner of the making of the contracts in order to safeguard the interest of the state against agreements made by un-authorised persons. in the case before me no grievance has ..... stores and tendered them for inspection. in fact, it is the incorporatecompany which actually performed the said acts and deeds in pursuance of the contract. it was only at a late stage after the stores had been rejected and disputes had arisen and the matter was pending before the arbitrator ..... of the companies act are only enabling provisions and they are neither mandatory nor do they contain any absolute prohibition against the company making a contract in any other name. reference in this connection may usefully be made to section 416 of the companies act which prescribes a procedure where the ..... distinguish some of their business activities from others and it is the petitioner who had taken upon themselves the rights and obligations under the said contract and had also purported to perform the same. it is unfortunate that the officers of the government failed to take notice of the express ..... before me submitted a written statement controverting the allegations of the petitioner and they in particular urged that modi food products had accepted and ratified the contract and so they as well as their successors company the modi sugar mills, limited, were bound by the same and they were estopped from .....

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Oct 30 1970 (HC)

Union of India and ors. Vs. N.K. (P) Ltd. and ors.

Court : Delhi

Decided on : Oct-30-1970

Reported in : 7(1971)DLT406

..... on 25th january, 1969 that its offer had been accepted by the government on 15th july 1968 and also by subsequent conduct and called upon the government to perform the contract. the contract contained a provision that any dispute arising under it shall be referred to arbitration. the company, thereforee, after some fruitless discussions with the government, filed a .petition ..... dated 1st february 1966, the over-riding clause xli includes all the secretaries and additional secretaries to the government of india as being officers entitled to enter into any contract whatsoever on behalf of the government of india. the members and the additional members of the railway board are secretaries and additional secretaries to the government of india. ex ..... the letter dated 15th july 1968 converted the proposal made by the company, including the clarifications given thereafter, into a promise within the meaning of section 7 of the contract act inasmuch as the acceptance conveyed thereby was absolute and unqualified whether viewed in the light of the negotiations preceding it or subsequently to it. questionno. 2:- article 299 ..... the offer was subject to certain conditions. it was accepted subject to the conditions and stipulations printed on the plan'. the house of lords held that there was a completed contract. lord blackburn said at page 1151 : 'themere fact that the parties have expressly stipulated that there shall afterwards be a formal agreement prepared, embodying the terms, which shall .....

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Dec 09 1970 (HC)

Sabarmati Reti Udyog Kamdar Sahakari Mandal Ltd. Vs. Commissioner of S ...

Court : Gujarat

Decided on : Dec-09-1970

Reported in : [1972]29STC419(Guj)

..... for the work done or no separate price for the supply of materials used in the execution of the work was fixed under the contract. (2) the contract had to be carried out on the land placed at the disposal of the assessee by the government at a nominal rent. (3 ..... the work on the site, prohibition against selling of manufactured goods to any person other than the government, prohibition against sub-letting of the contract, provisions regarding the conditions of employment of labour, payment of fair wages to the labourers and control over the employees of the contractor including ..... harmonious reading of the various conditions set out under the aforesaid three sub-headings, we find that the main features and important conditions of the contract having a direct bearing on the question which arises for our determination are as under :- (1) the assessee had to manufacture and supply bricks ..... department for the construction of gandhinagar. the assessee manufactured and supplied a large quantity of bricks under the contract and received payment for the same. 2. the assessee made an application to the commissioner of sales tax under section 52 of the bombay sales ..... work for a price. the question arises in these circumstances : the assessee, messrs sabarmati reti udyog kamdar sahakari mandal ltd., entered into a contract with the public works department of the government of gujarat on 6th september, 1965, for manufacture and supply of kiln-burnt bricks to the said .....

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Dec 09 1970 (HC)

S. Erattamuthu Nadar and ors. Vs. Joint Commercial Tax Officer

Court : Chennai

Decided on : Dec-09-1970

Reported in : [1971]28STC649(Mad)

..... to them are inextricably connected with the export sale, which is what has been entered into between the foreign importer and the federation. it seems to us that what the contract between the assessee and the federation means is that instead of the federation taking delivery from the assessee, the latter should straightaway, on behalf of the federation, put the goods ..... to be supplied as security for the due performance of the obligation under the agreement on or before the stipulated date, and that time should be the essence of the contract. the second arbitration clause relates to the arbitration agreement between the federation and the foreign importer. the clause provides that in the event of the federation being held liable to ..... the goods to the importer in colombo for and on behalf of the buyer on or before the stipulated date, from the port of tuticorin. the federation, which entered into contract with the foreign buyer, should collect the payment of the price or other charges from him. out of the price received by the federation, the seller, the assessee, should be ..... or sales which occasioned the export and as such they were not liable to tax. the joint commercial tax officer, however, found that the national agricultural marketing federation entered into contracts with various co-operative establishments in colombo for supplying chillies, that the quality, price and other terms were agreed between them and thereafter the federation allotted quotas to various dealers .....

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Sep 14 1970 (HC)

Hungerford Investment Trust Ltd. Vs. Haridas Mundhra and ors.

Court : Kolkata

Decided on : Sep-14-1970

Reported in : AIR1971Cal182,75CWN517

..... shares from the receiver and pay the price to him. mr. mukherjee contended that counsel for mundhra, had throughout strongly resisted performance of the contract under the decree on various grounds namely the bar created by the orders of attachment, the order made by ray j., restraining execution of ..... not made in the first application. secondly the question if the company's claim for lien was an impediment to the performance of the contract and the further question whether mundhra was entitled to the shares free from encumbrance were not raised in the earlier application. thirdly the appellant ..... amount. furthermore, it was argued that the conduct of mundhra justified the conclusion that there was deliberate refusal on his part to perform the contract.33. the interpretation sought to be put by counsel for the appellant in the earlier portion of the judgment in appeal no. 286 of ..... ) civil procedure code.11. the next contention of counsel for the appellant was that in the earlier application made by the appellant for rescission of the contract and for performance of the decree, counsel for the respondent had contended that as the application was one for execution, it could only be made ..... decree dated february 25, 1964, including the order for injunction were to stand rescinded and the appellant was absolved from all obligations under the said contract or the decree. this appeal is directed against this order.9. various points have been canvassed before us by mr. s. b. mukherjee, learned .....

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Sep 18 1970 (HC)

imperial Tobacco Co. of India Ltd. Vs. the Authority Appointed by the ...

Court : Kolkata

Decided on : Sep-18-1970

Reported in : AIR1971Cal109,(1971)ILLJ350Cal

..... been working at the rate of fortyeight hours per week 'their remuneration must increase proportionately.' this finding, in fact, is nothing but to make a contract between the parties by the statutory authority, which jurisdiction he could not claim under the statute. he has no authority to say what the wages should ..... what the authority has done is not to say that the petitioners have a legal right to overtime wages under their contract of employment or under the statute but that because they used to work previously at the rate of fortytwo hours per week and because they ..... doctrine, however cannot be applied in the sphere of industrial establishment where the conditions oi employment are either contractual or statutory in so far as a contract has been supplemented by legislation by the welfare state. 9. mr. chakrabarty, on behalf of the petitioner company, is also justified in saying that ..... only testify as to what was the volume of attendance of the employees at the different periods. it could not possibly prove that there was a contract between the parties that if they rendered work in excess of a particular quantum of working hours they would be entitled to claim 'overtime wages'. ..... this case. 6. the on!y other way in which the employees concerned could claim overtime wages was by establishing it under the terms of contract of employment. they were entitled to get overtime wages if they had to work in excess of fortytwo hours per week as they had been used .....

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