Avoidable Consequences - Judgment Search Results

M. Lachia Setty and Sons Ltd. Vs. Coffee Board, Bangalore

Court: Supreme Court of India

Reported in: AIR1981SC162; (1980)4SCC636; [1981]1SCR884

..... at pp 55 56 contains the following statement of law 33 the general doctrine of avoidable consequences applies to the measure of damages in actions for breach of contract thus the damages ..... suffered are greater than the law will compensate therefore in contract actions the doctrine of avoidable consequences is only a statement about how damages will be measured emphasis supplied from the above .....

Nachman Corp. Vs. Pbgc

Court: US Supreme Court

..... as having been intended among other things to allow employers the opportunity to avoid the harsh consequences of the statute s retroactive application by freely terminating their plans at any ..... an employer liability disclaimer clause renders a plan s benefits forfeitable has two draconian consequences first it makes the title iv insurance program entirely inapplicable to most terminations before .....

Dayal Chand and anr. Vs. Gajraj Singh and anr.

Court: Madhya Pradesh

Reported in: AIR1980MP162; 1980MPLJ401

..... presently show moreover the contention itself concedes the need of a judicial determination to avoid the legal consequences of the decree and this is what was sought by the judgment debtors and ..... judge it means that the judgment debtors opinion alone about the decree cannot avoid the effect and legal consequences thereof till judicial determination is made that it is void the judgment debtors .....

Hirabai and anr. Vs. Babu Manika Ingale

Court: Mumbai

Reported in: AIR1980Bom315; 1980MhLJ494

..... his adoption it was only with the limited object of avoiding any such consequence on the adoption of a child by a hindu widow ..... of a son of a deceased for spiritual reasons having also consequences of devolution of property as an accessory incident of the adoption ..... to be thus conferred such taking implies two logical and legal consequences firstly it implies a voluntary creation of relationship by the .....

Purushottamlal Kaushik Vs. Vidyacharan Shukla

Court: Madhya Pradesh

Reported in: AIR1980MP188; 1980MPLJ644

..... clear it is for the legislature to step in and avoid the consequence by a suitable amendment if it so desires as already ..... of sentence after it is passed and there is no other consequence of suspension of sentence at any rate disqualification commences automatically ..... though their appeal be pending leading to ultimate acquittal such a consequence cannot however be averted since that appears to be the .....

Maine Vs. Thiboutot

Court: US Supreme Court

..... that departs significantly from the purposes of 1983 such unexpected and plainly unintended consequences should be avoided whenever a statute reasonably may be given an interpretation that is consistent with ..... to have understood that the expansion of 1983 to statutory claims would have serious consequences today s decision confers upon the courts unprecedented authority to oversee state actions that .....

Management of Bharatkala Kendra Pvt. Ltd. Vs. R.K. Baweja and anr.

Court: Delhi

Reported in: [1980(41)FLR390]; ILR1980Delhi1355; 1981LabIC893

..... to be colourable if the step has been taken to avoid the consequences of an enquiry with the safeguards implied ther ein 14 ..... labour court ordering the reinstatement of the workman as a logical consequence and allowed the employer s appeal however a difficulty has arisen ..... service by act of employer even if such termination was a consequence of transfer or closure of the undertaking was to be treated .....

Nanjappa Textiles and ors. Vs. Commissioner of Income-tax

Court: Chennai

Reported in: [1985]153ITR109(Mad)

..... of the ito as envisaged in s 144 in order to avoid this consequence s 139 4 was enacted it may be pointed out here ..... this right but in order to prevent him from escaping the consequences of submitting an original false return of evading the penalty for ..... difference in the subsequent assessment proceedings it does not have any different consequences in the matter of bar of limitation 33 if so much .....

M. Arasan Chettiar and Ors. vs. S.P. Narasimhalu Naidu's Estate Trust, ...

Court: Chennai

Reported in: AIR1980Mad305; (1980)2MLJ303

..... 9 1 a 1 of the act it only to avoid such tragic consequences that the order contemplated under section 9 1 a i ..... the evidence adduced by the parties and cannot precede 1he evidence consequently at the time when the parties adduced the evidence either before ..... ours on the interpretation and scope of section 9 the following consequences will follow 1 if a controversy arises whether a particular tenant .....

Champa Pictures Vs. Md. Ibrahim Chamoo

Court: Kolkata

Reported in: AIR1981Cal89

..... complicating the matter if possible in a suit so as to avoid the consequence of the arbitration clause and stay under section 34 of ..... given effect for about ten years is now sought to be avoided on the grounds of undue influence or unconscionable bargain or subsequent ..... the portion within the scope of the arbitration clause and also avoidance of the contract on the alleged ground of undue influence and .....