Implied Contract - Judgment Search Results

B.M.K. Industries (P) Ltd. Vs. Employees' State Insurance Corporation

Court : Mumbai

Reported in : (1979)81BOMLR529; 1979MhLJ202

..... a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable order 37 rule 2 summary suit maintainability implied term of a contract expressions understand in ..... signature or even of a memorandum or printed document not signed by either party a written contract therefore need not be evidenced in a single document .....

Dy. Commissioner of Sales Tax, Ernakulam Vs. Raja Oil Mills and ors.

Court : Kerala

Reported in : AIR1979Ker99; [1979]43STC78(Ker)

..... also held that though there was no express contract to sell the packing materials and the packets separately such a contract was implicit in the contract for the sale of the goods this implied agreement was based on the fact that the packed ..... value it might be possible to infer more readily an implied agreement to pay an extra price for the containers than when they are insignificant in value .....

Girdharilal Nanhelal and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : [1979]44STC368(MP)

..... therefore contended in these petitions that although the agreement was to sell fully pressed cotton bales there was no specific or implied agreement for sale of the packing material 5 ..... is an agreement to purchase cotton to be delivered bythe seller to the buyers it is implicit in the contract that the goods shouldbe delivered as packed we can therefore imply that there is a contract topay for .....

Union of India (Uoi) Vs. Naresh Chand Goyal and ors.

Court : Kolkata

Reported in : AIR1978Cal307

..... them liable and admittedly they are not parties to the arbitration agreement and as such prima facie the suit cannot be stayed against them although adding unnecessary ..... held that the claim as framed is a claim not under the contract containing the arbitration clause but is really a claim based on tort and an implied contract and on that basis the stay was refused 9 mr bachwat strongly relied on .....

Shahadara (Delhi) Saharanpur Light Railway Company Ltd. Vs. Union of I ...

Court : Kolkata

Reported in : AIR1978Cal460

..... that the claim for damages was based on tort and implied contract and the suit could not be stayed 13 on the other hand counsel ..... after it had been formed on the basis of the agreement with the promoters and there is no evidence to that effect if that ..... plaintiff had operated the said tramways and light railways the said agreement provided inter alia as follows if any doubt or difference shall arise .....

Venkateswara Stone Co. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1978]115ITR236(AP)

..... of this nature is to see whether there was any implied contract between the deceased and the other partners that the partnership shall ..... clearly bring out the fact that there was no agreement to the contrary between the deceased and the surviving partners for the ..... 1973 would clearly bring out the fact that there was no agreement to the contrary between the deceased and the surviving partners .....

Bengal Credit Corporation Vs. Central Bank of India

Court : Kolkata

Reported in : AIR1978Cal567

..... no evidence what as between a customer and his banker is the implied contract as to the settlement of account by such dealing with the pass ..... will the discharged and there would be in the end an agreement to pay the balance payable the essence of an account stated is to ..... take an account and then an agreement is made between the parties to constitute the new cause of action spelt .....

Firm Gotan Lime Syndicate Vs. the State of Raj. and ors.

Court : Rajasthan

Reported in : 1978WLN(UC)251

..... and lessee could not be brought into existence by an implied contract the learned judge has in the said case further held that in ..... be accepted with effect from the november 1 1964 but no agreement could be arrived between the petitioner and the respondents and the ..... petitioner in as much as there was no properly executed contract of lease covering the period subsequent to october 31 1964 in .....

Flagg Bros., Inc. Vs. Brooks

Court : US Supreme Court

..... although the petitioners have at various stages of this case contended that there was an implied contract between the warehouseman and respondents providing for the sale of respondents possessions in satisfaction of .....

Haji Mohammed Ishaq Wd. S.K. Mohammed and ors. Vs. Mohamad Iqbal and M ...

Court : Supreme Court of India

Reported in : AIR1978SC798; (1978)2SCC493; [1978]3SCR571; 1978(10)LC474(SC)

..... clearly showed that a direct contract which in law is called an implied contract by conduct was brought about between them the defendants clearly and unerringly accepted the ..... renew the express contract for another term express and implied contracts are both contracts in the true sense of the term for they both arise from the agreement of the parties though in one case the agreement is manifested in .....