Judgment Search Results Home > Cases Phrase: clayton s case Court: supreme court of india Page 1 of about 1,136 results (0.129 seconds)

Gurpreet Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2007(4)ALD105(SC); 2007(5)ALLMR(SC)475; (SCSuppl)2007(2)CHN40; 2007(3)CTC170; 2008(1)KLJ463; 2006(10)SCALE393; (2006)8SCC457

..... mulla proceeds to observe,in england, 'it has been considered a general rule since clayton's case that when a debtor makes a payment he may appropriate it to any debt he pleases, and the creditor ..... from us is indicated by the order of reference in the following words:having heard the learned counsel for the parties and having perused the aforesaid decisions, we are of the view that the normal rule that in case of a debt due with interest, any payment made by the debtor, in the first instance, is to be appropriated towards the satisfaction of interest and thereafter towards principal, subject to a contract to the contrary, is not excluded ..... court could have ordered the money to be paid over to the decree holder in partial discharge of the decree debt soon after the amount was deposited, the court stated, we think that in this case we ought to apply the analogy of the rules which relate to payment into court of money by the defendant in a suit, and that in this view the decisions of the courts below were correct and ..... referring to the decisions of the allahabad and patna high courts, referred to above, and the relevant portions of the commentaries from mulla on the code of civil procedure, held that in the case of a decree which awards interest on the principal, interest ceases to run on the amount deposited in the court under order xxi, rule 1(a) from the date the decree holder has notice of the deposit. ..... known in england as the rule in 'clayton's case' (1861) 1 mar.572: 35e.r. .....

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

..... 166 clayton's case, that where a debtor, owing several distinct debts to one person, makes a payment to him intimating that the payment is to be applied in discharge of particular debt, the creditor, if he accepts the payment, must apply it accordingly. ..... gam air (1922) pc 233 the rationale was explained thus: there are moneys that are received without a definite appropriation on the one side or on the other, and the rule which is well established in ordinary cases is that in those circumstances the money is first applied in payment of interest and then when that is satisfied in payment of the capital'. ..... the account submitted by the mortgagees clearly negatives the plea of the mortgagors.the same is the position in the instant case as earlier noticed and evident from the statement of accounts (annexure 'c') admittedly furnished to the judgment debtor immediately after payment of the amounts consequent upon the passing of decree. ..... the learned judge however referred to various circumstances which according to him indicated that the judgment-debtor in that case had made the payments only towards the principal amount and not towards the interest and costs.16. ..... : [1970]1scr523 reiterated the position of law and held that the normal rule was that in the case of a debt due with interest any payment made by the debtor was in the first instance to be applied towards satisfaction of interest and there-after to the principal. .....

Tata Engineering and Locomotive Company Limited and Another Vs. the Mu ...

Court : Supreme Court of India

Reported in : AIR1992SC645; JT1991(6)SC322; 1991(2)SCALE1111; 1993Supp(1)SCC361; [1991]Supp2SCR445; [1992]86STC363(SC); 1992(1)LC264(SC)

..... subsequently exported beyond the octroi limits without breaking bulk, refunds shall, subject to the following rules, be granted at the rate originally charged at the time of import; provided that no such refunds shall, except in the case of timber imported and re-exported in log be granted unless such goods are exported within three months from the date on which octroi was levied.relying on this provision it was contended by the municipality that breaking ..... even as early as in 1816 with reference to money paid on account to a creditor, in clayton's case (1814) 23 all. e.r. ..... in form 4 referred to in rule 24 and deposit of the amount equivalent to octroi duty payable at the entry point, production of the goods for verification at the central octroi office are all consistent with its being applicable to a case where dutiable goods are imported for temporary detention and eventual export by a person having a bonded warehouse of his own contemplated in rule 14(1)(d) and not rule 14 (1) (e). ..... form 12(rule 25)written permission-cum-refund export passreceipt no.............date 19sl.no.monthand dateaddress of the importername and address cf the consigneedescription goodsquantity(number of bags or cases)grossweight1234567valuedeposit to be refundedhowexportedexit nakano.date & time by which the goods should reach the export nakawhethergoods sealed or escortgivenremarks891011121314*fee for written permission-cum-refund export pass rs..............miscellaneousreceipt no............ .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... that when an additional judge on the expiry of his initial term or extended term is appointed as a permanent judge it is a fresh appointment by warrant under article 217 and there is no question of any transfer being involved in such a case and obviously in the case of a proposed appointee (either from the bar or services) when he is being initially appointed there is no question of any transfer in his base either; in other words, according to the contesting respondents article 222(1) of ..... necessary, insist, even though no objection is taken, at all.the minister in deciding whether it is his duty to object, should bear these considerations in mind, for he ought not to take the responsibility of with-holding production except in cases where the public interest would otherwise be damnified for example, where disclosure would be injurious to national defence, or to good diplomatic relations or where the practice of keeping a class of documents secret is necessary for the ..... while laying down the working rules of guidance regarding matters of privilege, the learned judge laid down the following guidelines : [1961]2scr828 :subject to the overriding power of the court to disallow the claim of privilege in exceptional cases, the following provide working rules of guidance for the courts in the matter of deciding the question of privilege in regard to unpublished documents pertaining to matters of state: (a) 'records relating to affairs of state' ..... the plaintiff in that case .....

Bhavesh Jayanti Lakhani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : 2009(5)LHSC2857; JT2009(11)SC279; 2009(11)SCALE467; (2009)9SCC551; 2009AIRSCW6309

..... extradition shall be supported by:(a) documents, statements, or other types of information which describe the identity and probable location of the persons sought ;(b) information describing the facts of the offense and the procedural history of the case ;(c) a statement of the provisions of the law describing the essential elements of the offense for which extradition is requested ;(d) a statement of the provisions of the law describing the punishment for the offense ; and ..... the facts.vi) extradition treaty implies mutual obligations.vii) the act recognizes the sanctity of an extradition treaty.viii) the provisions of section 105a of the code of criminal procedure would not apply in a case of this nature.ix) the high court cannot tinker with the red corner notice.x) the high court should not set a precedent which could be used to hamper investigation of crimes which have global dimensions ..... referring to the provisions of the act it was opined:i) while dealing with a fugitive criminal wanted in a state with which india has no treaty, the magistrate can enquire into the case in the same manner as if the case was triable by court of sessions or high court.ii) however, while dealing with a fugitive criminal wanted in a treaty state, such inquiry and such a trial is not open.iii) the magistrate ..... whereunder the appellant's application questioning the validity and/ or legality of an order issuing a warrant against the appellant by the magistrate court, clayton county, georgia in case no. .....

Mahindra and Mahindra Ltd. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : [1979]49CompCas419(SC); (1979)2SCC529; [1979]2SCR1038

..... facts for explaining 'the nature of the special agreement for restricting or distribution of areas' was, therefore, admissible under section 92, clause 6 of the evidence act, but in the hindustan lever case the meaning of the impugned clauses was plain and certain and the principle of section 92, clause 6 was clearly inapplicable to let in extraneous evidence and hence no oral evidence could be led to ..... the commission for the purpose of implementing the order dated 14th may, 1976 but that also cannot amount to acquiescence, because until the decision of the commission in the telco case was reversed in appeal by this court, the appellant had no reason to believe that the order dated 14th may, 1976 was erroneous and as soon as the appellant came ..... or circumstance came to its knowledge, the appellant made an application dated 31st march, 1977 stating that in view of the decision given by this court in the telco case, the applicant was advised to move a suitable application for amendment and/or modification of the order dated 14th may, 1976 and the time for filing the revised distributorship agreement ..... -use and additional-machinery clauses in certain lease agreements of shoe-machinery were struck by the provisions of section 3 of the clayton act: 'the power to enforce them', that is, the impugned clauses 'is omnipresent and their restraining influence constantly operates upon competitors ..... provisions, does not make them any less agreements within the condemnation of the clayton act'. .....

The Tata Engineering and Locomotive Company Ltd. Vs. Gram Panchayat, P ...

Court : Supreme Court of India

Reported in : AIR1976SC2463; (1976)4SCC177; [1977]1SCR306

..... having regard to the nature of the word 'houses' as used in taxing legislations and municipal legislation and the nature and purposes of the statute in the present case it is manifest that the legislature used the word 'house' so that the village panchayat would be in a position to levy taxes on all buildings situated in the village. ..... the 1952 resolution of the gram panchayat in the, present case is to be understood in the background of the provisions contained in section 89 of the act and the rules framed under section 108 of the act. ..... one has no connection with those above or below, except in so far as it may derive support from those below instead of from the ground as in the case of ordinary houses (see yorkshire insurance v. ..... clayton q.b.d. ..... the weight of judicial opinion is conclusively in favour of the view that the word 'house' extends to a building which is used for business and should not be restricted to a mere dwelling house (see land law, cases and materials by r. h. .....

The Employees State Insurance Corporation Vs. M/s. Texmo Industries

Court : Supreme Court of India

..... royal plastics industries, aluva reported in 2015 (2) klt64 a single bench of kerala high court referred to the judgment of the madras high court in oriental hotels' case (supra) and held that, clauses (a) to (d) of sub-section (22) of section 2 of the esi act are in the nature of exception to the main part of the sub-section. ..... esi corporation reported in (2000) 3 scc185that the esi act is a social legislation enacted to provide benefits to employees in case of sickness, maternity and employment injury and to 11 make a provision for certain other matters in relation thereto. ..... we affirm the view taken by madras high court in oriental hotels limited, chennai (supra) and sundaram clayton (supra). ..... sundaram clayton ltd. ..... in this case, it is not the case of the corporation that the employees concerned did not need to avail any conveyance expenditure to report for duty to their place of work, or otherwise in connection with their duties under their contracts of employment. ..... in this case, there is no ambiguity. ..... in such a case, conveyance allowance would be redundant and might be construed as part of allowance consisting wages. .....

Purewal Associates Ltd. Vs. Collector of Central Excise

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)452; 1996(87)ELT321(SC); JT1996(8)SC725; 1996(7)SCALE378; (1996)10SCC752; [1996]Supp7SCR117

..... the end use will not decide the character of the article as held by this court in several cases and therefore, the issue cannot be decided with reference to use to which the articles in question were put or for that matter the functions for which the articles were manufactured by the appellants ..... we would merely observe that the appellate collector had in the case of each of those articles gone into its description as well as its function and held that they were not bolts and screws within the meaning of item 2 ..... in the circumstances, according to the learned senior counsel, the case put forward by the appellants supported by the evidence ought to have been accepted by the tribunal as done by the collector (appeals).5 ..... if the screws and bolts because of the size and weight could not be brought under item 52, the same is the case with articles with which we are concerned. ..... 210 90 6750, which is stated to be for supply to sundaram clayton ltd. ..... the light of the findings given by the tribunal on the basis of the evidence produced both by the revenue and by the appellants, we do not think there is any case to interfere with these findings. ..... 2800/84) but in the present case, the tribunal has taken due note of the test ..... dated 8.5.1978 in western coalfields limited, bilaspur case which was accepted by the revenue was pressed into service before the tribunal and the tribunal while accepting the view distinguished on facts without appreciating that in principle the case cannot be distinguished. .....

Rita Devi @ Rita Gupta W/O Late Shashi Bhushan Kumar Vs. National Insu ...

Court : Supreme Court of India

..... words 'external', violent and 'visible' have been given wide meaning by courts in england and have been regarded practically as co-extensive which the word 'accidental'.it is also clear that in most of the cases cited in support of the above statement of law from halsbury's laws of england the decisions were mainly on the question whether or not the particular injury was caused by accidental means.springs of human action do not ..... and conspicuous.in the law of insurance by raoul colinvaux (fifth edition), discussing the true meaning of the expressions "violent, external and visible", the author points out that in a large number of cases though the policies insured against bodily injury caused 'by violent, accident external and visible means only', the decisions turned mainly on the question whether or not the particular injury was caused by accidental means ..... described in stroud's as follows:external - in an insurance against bodily injury caused by violent, accident, external and visible means" but excepting 'natural disease, or weakness or exhaustion consequent upon disease" 'external' is used in contradistinction to such unnatural cases as disease or weakness.the next word is 'violent' and violence is defined by black's as follows:unjust or unwarranted use of force, usually accompanied by fury, vehemence or outrage; physical force unlawfully exercised with the intent to harm. ..... the supreme court noticed with approval a decision of the house of lords in clover clayton & co. v. .....