Court : Guwahati
Decided on : Jan-07-2002
..... company years after years with full sense of security that the event of such unfortunate happenings, the ..... appellants submitted one application dated 25.8.1970 (exbt.9) to the insurance company for ..... conduct; behaviour; something done; the condition of acting; and act or series of facts.terms in its usual legal ..... record, herein above, the appellants failed to act in terms of clause 13 of the insurance policy ..... , i.e., the letter dated 25.8.1970 in no occasion could be the substitute of legal ..... the shape of a letter on 25.8.1970 cannot be said to be an 'action' taken ..... initiated action by serving the letter dated 28.5.1970 (exbt. 9) by which the request was ..... upon the insurance company on 11.11.1970 for settlement of the dispute through arbitration ..... under section 39(1) of the arbitration act, ..... would fall outside the scope of section 28 of the contract act. this, in brief, seems tobe ..... be void as of tending section 28 of the contract act. that is because such ..... curtail limitation and not hit by section 28 .of the contract act and on any suit filed ..... section 28 of the contract act. to put it differently, curtailment of the period of limitation is not permissible in view of section ..... 28.5.1970. as per clause 13 an action has been taken before 27.8.1970 within ..... acting on his behalf to obtain any benefit under this policy; or, if the loss or damage be occasioned by the wilful act ..... 1970 was submitted on behalf of the appellant to the insurance company which was duly acknowledged. the said letter dated 25.8.1970 .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2002
..... right to distribute lottery tickets of one and the same scheme. this reading is also in harmony with section 4(c) of the said act inasmuch as section 4(c) empowers states to sell lottery tickets itself or through, as interpreted above, distributor/distributors ..... investing their money in such a lottery, proceed on a trust and on certain assumptions as to genuineness, bona fides, safety, security, etc. if some of the basic functions characterising a state organized lottery are delegated or abdicated by state, this public trust, ..... total number of tickets printed ;(iv) series if any ;(v) serial number of the first and last ticket in each series ;(vi) cost of each ticket for sale among public, i.e., maximum retail price (mrp);(vii) details of prizes ; (viii) any other ..... and ors. v. dhaneshwari and ors. (air 1960 patna 201), shri patanjal and anr. v. rawalpindi theatres private ltd., delhi (air 1970 delhi 19) and itc classic finance ltd. v. grapco mining and co. ltd. (air 1997 cal. 397) is not misplaced.55. ..... run. similarly, in the case of the respondent no. 4, the respondent no. 4 has submitted to the state about 150 different schemes for running of lotteries under different names and if the respondent no. 4 discharges functions of a distributor in ..... 'sole distributor', the role of the petitioner no. 1 was, and has remained, in fact, that of the sole distributor.39. turning to the agreement, dated 10.10.1997, aforementioned, i find that clause 4 of the agreement reads as follows : .....
Tag this Judgment!Court : Guwahati
Decided on : May-17-2002
..... nos. 5-11 were not entitled to set up new distilleries at the new sites without obtaining a licence from the central government under section 11 of this act and since there was nothing to show that they had obtained such licence before setting up the new distilleries their action in setting up the ..... the high court was not justified in dismissing the writ petition on the ground that an alternative remedy was available to the appellant under section 68 of the u.p. state universities act.'20. this court vide order dated 8-2-2001 directed the respondents to make the refund in terms of para 2(c) ..... respect of those biscuits no payment was to be made to the appellant and, on the contrary, the appellant would become liable to pay for the cost of the ingredients which had got spoiled.what is material in this agreement is that there was a clause which specifically provided that 'relationship between the ..... exemption notification. in the case of hansraj gordhandas v. h.h. dave, reported in 1978 (2) e.l.t. (j 350) (s.c.) = air 1970 s.c. 755, the apex court held : -'it is well established that in a taxing statute there is no room for any intendment but regard must be had ..... than 50 workers were employed in such distilleries. this contention of the learned counsel on behalf of m/s. doongaji & co. must also, therefore, be rejected.'39. in the case of ramnarayan satyanarayan agarwal distilleries pvt. ltd. v. associated alcohols and breweries limited and ors., reported in air 1995 sc 1686, the apex .....
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