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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Page 1 of about 2,994 results (0.096 seconds)

Jun 06 1996 (HC)

Hindustan Corporation (Hyderbad) Pvt. Ltd. Vs. M/S. United India Fire ...

Court : Andhra Pradesh

Reported in : AIR1997AP347

..... company v. london. liverpool, and globe-insurance company. (1877) 5 ch. d. 569. it was jesset, m. r., who held that a fire policy was a contract of indemnity and indemnity only' - it was to indemnify against loss by fire; and the court of appeal affirmed that. this shows that policies under which things or goods are insured against loss ..... that subrogation springs not from payment only but from actual payment conjointly with the fact that it is made pursuant to the basic and original contract of indemnity.' 17. the doctrine of subrogation flowing from the contract of indemnity is accepted and applied by indian courts also. in maharana shrijasvaisingji fatesingji v. secretary of state for india ilr (1890) 14 bom 299, jardine j ..... , are contracts of indemnity because they indemnify against loss and the doctrine of subrogation is attracted when amounts are paid under them. this has been further exemplified by lord blackburn in the case of ..... the safely of the subject-matter insured by reason ofthe peril insured against.' it was also observed in that case that the question whether fire policies were contracts of indemnity like marine policies or were contracts to pay a certain sum of amount in a particular event like life policies was settled by the court of appeal in north british and mercantile insurance .....

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Feb 24 1981 (HC)

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Reported in : [1984]55CompCas677(AP)

..... to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'. 126. a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee is called the ..... the appellant. in the view we have taken, we have no hesitation to reject the contention of the learned counsel for the appellant. to sum up : (1) a contract of guarantee, unlike a contract of indemnity which is bilateral, is tripartite where three persons, viz., the principal debtor, the creditor and the surety, are involved. but, it is not necessary or sine qua ..... primarily and essentially it is substance that has to be looked into and not the form in order to determine in such cases as to whether it is a contract of guarantee or indemnity. in suresh narain sinha v. akhauri balbhadra prasad, : air1957pat256 , a division bench held that it is not necessary that the principal debtor should as a matter of law ..... called the 'creditor'. the last sentence in this section, viz., 'a guarantee may be either oral or written' has special significance. this contract is, therefore, trilateral unlike the contract of indemnity which, as stated earlier, is bilateral. where, the contract is one of indemnity, the non-liability of the principal debtor does not affect the obligation undertaken by the indemnifier which is primary, whereas every .....

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Feb 24 1981 (HC)

Nagpur Nagarik Sahakari Bank Ltd. and anr. Vs. Union of India and anr.

Court : Andhra Pradesh

Reported in : AIR1981AP153

..... to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity.' 126. a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee is called the ..... appellant. in the view we have taken, we have no hesitation to reject the contention of the learned counsel for the appellant.26. to sum up :--(1) a contracts of guarantee, unlike a contract of indemnity which is bilateral, is tripartite where three persons, viz., the principal debtor, the creditor and the surety, are involved but, it is not necessary or sine qua ..... and essentially it is the substance that has to be looked into and not the form in order to determine in such cases as to whether it is a contract of guarantee or indemnity.in suresh narain v. akhauri, : air1957pat256 , a division bench held that it is not necessary that the principal debtor should as a matter of law, be an express ..... , the promisor and the promisee. the promisor promises to make good the loss though caused by a third party. this gives rise to the contract of indemnity, whereas section 126 of the contract act gives rise to a contract of guarantee wherein three persons are involved. under this section, a party who promises to discharge the liability of a third person in case of .....

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Sep 23 2003 (HC)

The New India Assurance Co. Ltd., Rep. by Its Branch Manager Vs. Lodya ...

Court : Andhra Pradesh

Reported in : 2004(3)ALD400; [2004(102)FLR8]

..... 1988 act. insurance to those employees is not made compulsory obviously because they would be covered by the provisions of the act. it is well known that contract of insurance is but a contract of indemnity, and so the insurer is liable only to the extent of the liability it undertakes. when the second respondent chose to insure the risk of his driver ..... transported in the lorry, unless he takes out such insurance, appellant cannot be made liable for payment of the compensation payable to workers or coolies, because there is no such contract in this case. to elucidate, if in spite the mandatory provision a owner of a motor vehicle failed to take out insurance to cover third party risk, he can only ..... in case of his death to his legal representatives, merely because third party insurance, though mandatory under 1988 act, was not taken out by the owner. unless there is a contract between the owner of the motor vehicle and the insurer, the insurer cannot be made liable for payment of compensation due from the owner of the motor vehicle to a .....

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Jun 22 1985 (HC)

Madineni Kondaiah and ors. Etc. Vs. Yaseen Fatima and ors.

Court : Andhra Pradesh

Reported in : 1(1986)ACC501

..... different high courts. it is enough if we state that the basic rationale of this view is that the insurance policy is founded on personal contract of indemnity and on the transfer of the vehicle the policy comes to an end as the transferor loses his insurable interest. most of these cases followed ..... parties for whose benefit the compulsory insurance has to be made to the vehicle.39. it is true that a contract of insurance is a contrary of indemnity but it is not necessarily a contract of indemnity. vide dalby v. india and london life (1854) 15 cb 365.40. a perusal of section 94 clearly ..... the proviso in the said condition and clause 3 in section ii may also be noticed:in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor vehicle on the insured's ..... can claim the benefit of insurance. thus this provision puts beyond doubt removing these two objections and making an exception to the general law of contract. now the question is whether such rights secured to the third party by insuring the vehicle can be defeated by transferring the vehicle during the ..... 263 ; they cannot contend it was the negligence on the part of the transferee, therefore, the insurer company is not liable. they cannot contend their contract is with the transferor, therefore, are not responsible to redeem the compensation payable by the transferee. they cannot raise any of the defences, for such defences .....

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Jul 16 1985 (HC)

Manda Suryakanthamma Vs. District Registrar of Assurance, Srikakulam

Court : Andhra Pradesh

Reported in : AIR1986AP3

..... or by the conduct of any other person is called a 'contract of indemnity'. in the present case, the liability was undertaken in the event of default on the part of the original power of the lorry. the undertaking is ..... because sec. 124 of the contract act says that 'a contract by which one party promises to save the other from loss caused to him by the conduce of the promisor himself, ..... of this case and the reference was made accordingly.3. mr. c. trivikramarao, who assisted the court as amicus curiae contended that the instrument is an indemnity bond liable for duty under art. 30 of schedule 1-a which suffers the same duty as the security bond under art. 40 and submitted alternatively that ..... of sch. 1-a as the instrument is executed by the surety to secure the due performance of the contract.8. we cannot also construe this instrument as a deed of indemnity though the duty payable for the deed of indemnity is same as in the case of surety bond under art. 48. there can be no ..... contract of guarantee, unless there is a principal debtor. a promise to be primarily and independently liable is not a guarantee but can only be an indemnity. this is .....

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Mar 21 1985 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Pelaniappa Transp ...

Court : Andhra Pradesh

Reported in : AIR1986AP32

..... .6. in halsbury's laws of england, third edition, volume 22, in para 512 it is stated :'the doctrine of subroagtaion applies to all contracts of non-marine insurance which are contracts of indemnity, such as, for example, contracts of fire insurance, motor vehicle insurance and contingency insurance covering non-payment of money. it applies whether the loss is total or partial, and is ..... immaterial; subrogation applies even to a statutory liability.in vasudeva v. caledonian insurance company, : air1965mad159 , veeraswamy, j, speaking for the court observed :'a contract of motor insurance., like marine or accident insurance is, in essence, one of indemnity. the right of insurer to subrogation or to get into the shoes of the assured as it were, is inherent in and springs from ..... a corollary of the principle of indemnity. by requiring any means of diminishing or extinguishing a loss to be taken into account, it prevents the assured .....

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Sep 30 2009 (TRI)

M/S. Gmr Industries Limited, Hyderabad Represented by Its Managing Dir ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... foundation in my opinion of every rule which has been applied to the insurance law is that the contract of insurance contained in a fire or marine policy is a contract of indemnity and of indemnity only and that this means that the assured in the case of loss against which the policy has been ..... is to be stocked at the allotted place of port sites and from there to be transported to the cookeries at dhanbad as per the contract. but the contract was actually entered into and the terms were worked out and finalized within the jurisdiction of the state commission, as such, the objection ..... if ever a proposition is brought forward which is at variance with it, that is to say which either will prevent the assured from obtaining a full indemnity, that proposition must certainly be wrong ??. 12) referring to the english case law, mathey vs. curling 1922 (2) ac 180, it is concluded ..... whether this state commission has territorial jurisdiction to entertain the complaint as contended by the opposite party no. 3 ? 14) ex a18 is the original contract entered into between the complainant and the third opposite party for un-loading imported coaking coal at haldia for which terms they were agreed to. the ..... water sprinkling, security and supervision and transportation to the cookeries of the complainant situate at dhanbad up to a handling loss of 0.50%. the contract enures for a period of 60 days from the date of arrival of the vessel at berth. 3) the complainant had taken standard fire and special .....

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Dec 16 1965 (HC)

Sri Gopal Manuers and Bonu Mill Vs. Manepalli Ranganayakulu and Sons a ...

Court : Andhra Pradesh

Reported in : AIR1967AP145

..... of the plaintiff collects some amount from the defendant the defendant undoubtedly will have a cause of action against rattayya.but that would not be on the basis of any contract of indemnity express or implied. he gets that cause of action on the ground that rattayya had falsely represented as the agent of the plaintiff and wrongfully collected money from the ..... if the facts mentioned by the defendant are found too be correct, it does not constitute an implied contract of indemnity. either rattayya is an authorised agent of the plaintiff or is not. if he is an authorised agent, who was, as is alleged by the defendant, authorised to place ..... to him by the conduct of the promisor himself, or by the conduct of any other person, is called 'contract of indemnity.''that there is no express contract of indemnity is not in dispute. the1u1u uld of course be an implied contract of indemnity. does such a contract arise from the facts alleged by the defendant in this case? i have no shadow of doubt that even ..... defendant. i fail to understand how any question of indemnity visualised by section 124 of the indian contract act can arise in such circumstances. the mere fact that rattayya was not the agent at the time of payment and was not authorised to collect .....

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Feb 27 2009 (HC)

National Insurance Company Limited Rep. by Its Divisional Manager Vs. ...

Court : Andhra Pradesh

Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121

..... of law7. motor vehicles act does not define word 'insurance' or 'insurance policy'. in common law and as per provisions of indian contract act, 1872, insurance policy is similar contract of indemnity. section 124 of contract act defines 'contract of indemnity' as 'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by ..... the compromise was not contrary to the orders of the promisor; and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorised him to compromise the suit.(emphasis supplied)8. if the promisee contravenes orders of promissor and failed to act as it would have been ..... bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;(3) all sums which he may have paid under the terms of any compromise of any such ..... negligence in the matter of fulfilling conditions (promises) of policy of insurance regarding use of vehicle by duly licensed driver, indemnity under policy cannot be enforced against the insurer.23. a contract of insurance as pointed out supra is akin to contract of indemnity. parties to a policy of insurance are bound by mutual obligations and promises, the underlying aspect being that one party .....

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