Avoidance - Judgment Search Results

General Enterprises and ors. Vs. Jardine Handerson Ltd.

Court : Kolkata

Reported in : AIR1978Cal407,82CWN437

..... in this case the arbitration clause survived until the contract was avoided and therefore the disputes between the parties in this case would ..... if there was non disclosure nevertheless non disclosure does not automatically avoid the contract it only makes it voidable it gives the ..... to contemplate a dispute raised by a contractor that he could avoid the contract on the ground that it was obtained by .....

Abood Vs. Detroit Bd. of Educ.

Court : US Supreme Court

..... approaching the difficult line drawing questions highlights the page 431 u s 237 importance of avoiding unnecessary decision of constitutional questions footnote 34 all that we decide is that the ..... permitted to exact a service fee from nonmembers without first establishing a procedure which will avoid the risk that their funds will be used even temporarily to finance ideological activities unrelated .....

Additional Commissioner of Income-tax, Madras Vs. P. S. Kuppuswamy and ...

Court : Chennai

Reported in : [1978]112ITR1012(Mad)

..... sale exchange relinquishment or transfer was effected with the object of avoidance or reduction of the liability of the assessee under this section ..... we are not persuaded to think that the proviso discourages or avoids honest transactions made out of love and affection or for ..... to believe that the transfer was effected with the object of avoidance or reduction of the liability of the assessee to tax on .....

illinois Brick Co. Vs. Illinois

Court : US Supreme Court

..... interest of the defendant in page 431 u s 738 avoiding multiple liability for the fund the interest of the absent ..... social interest in the efficient administration of justice and the avoidance of multiple litigation reed compulsory joinder of parties in civil ..... the opportunity of proving the amount of their damage and to avoid problems with respect to manageability of class actions standing privity .....

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... bare reading of the two notifications is that whereas the state notification seems scrupulously to avoid any mention of any particular act or part of any individual whatsoever the whole object ..... commission appointed by the state government is functioning these provisions are for the purpose of avoiding any conflict by the two governments appointing two separate commissions to inquire into the same .....

N.S. JaIn Vs. the State

Court : Delhi

Reported in : ILR1978Delhi327; 1978RLR442

..... in whispers but would be prompted by common sense to avoid overhearing not only by hostile but even disinterested persons direct ..... evidently he was over reaching the courts he was trying to avoid a judicial magistrate for recording the confessional statement of ramji ..... proceeding to ghori and thereafter to seshan in order to avoid suspicion which the long miles traversed were likely to raise .....

Shaffer Vs. Heitner

Court : US Supreme Court

..... particular forum under international shoe is unclear the cost of simplifying the litigation by avoiding the jurisdictional question may be the sacrifice of fair play and substantial justice that ..... particular preservation of the common law concept of quasi in rem jurisdiction arguably would avoid the uncertainty of the general international shoe standard without significant cost to traditional notions .....

Moore Vs. City of East Cleveland

Court : US Supreme Court

..... limitations on the number of occupants protects the community s interest in minimizing overcrowding avoiding the excessive use of municipal services traffic control and other aspects of an ..... required precisely because there are constitutional issues present in a case in order to avoid unnecessary adjudication of these delicate questions by giving the affected administrative agency an opportunity .....

Piper Vs. Chris-craft Industries, Inc.

Court : US Supreme Court

..... takeover regulation congress was particularly anxious chris craft argues to avoid tipping the balance of regulation congress was indeed committed to ..... even while advocating neutrality we have taken extreme care to avoid tipping the scales either in favor of management or in ..... impeding cash takeover bids every effort has been made to avoid tipping the balance of regulatory burden in favor of management .....

K.T.M.S. Abdul Cader and ors. Vs. the Union of India

Court : Chennai

Reported in : AIR1977Mad386

..... a reasonable belief could be entertained that the petitioners are avoiding arrest under the detention orders 9 as regards the first ..... who have absconded or concealed themselves with a view to avoid the detention orders passed under s 3 and therefore the ..... the petitioners have absconded or concealed themselves with a view to avoid or evade the orders of detention therefore notwithstanding the fact .....