Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Year: 2005 Page 1 of about 108 results (0.044 seconds)

Jan 20 2005 (HC)

Laxmi Construction Co. Vs. Financial Adviser and Chief Accounts Office ...

Court : Andhra Pradesh

Decided on : Jan-20-2005

Reported in : AIR2005AP199; 2005(2)ALD320

..... pay the compensation, however subject to indemnification by the contractor, regarding which all the questions as to the right to and amount of any such indemnity shall be settled by the commissioner. sub-clause (3) of section 12 leaves open an option to the workman (including the dependants) from ..... the principal employer and paid the compensation does not ipso facto entitle it to initiate the process of indemnification, without adjudication by the commissioner for indemnity.46. in srinivasarao v. commissioner for workmen's compensation, 1972 (1) an.wr 235, it was held that withholding of the amount in ..... of a contractor from whom the workman could have recovered compensation], and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3).............(4)............'20. chapter-iii deals with 'commissioners'. section 19 deals with 'reference ..... part of the employer or principal shall be, in the absence of a contract to the contrary. patently it requires basic facts to determine the nature, the extent and the legality of the liability of the indemnity to be fastened on the contractor to indemnify the employer from paying the ..... appellants in the two cases from opposite party no. 2 by way of indemnity.we do not think that there is any merit in the contention of the learned government pleader that in the light of the contract entered into between the two opposite parties regarding the liability to pay compensation .....

Tag this Judgment!

Apr 15 2005 (HC)

C.V. Subba Reddy Vs. Executive Engineer, Telgu Ganga Project and ors.

Court : Andhra Pradesh

Decided on : Apr-15-2005

Reported in : III(2005)ACC792; 2005(4)ALD186; 2005(4)ALT41

..... pay the compensation, however subject to indemnification by the contractor, regarding which all the questions as to the right to and amount of any such indemnity shall be settled by the commissioner. sub-clause (3) of section 12 leaves open an option to the workman (including the dependants) from ..... a situation lacks legal sanction and the right to claim indemnity can be enforced only when there is an adjudication by the commissioner because the employer has disputed his liability to indemnify the principal employer. reliance ..... the principal employer and paid the compensation does not ipso facto entitle it to initiate the process of indemnification, without adjudication by the commissioner for indemnity. in srinivasarao v. commissioner for workmen's compensation, 1972 (1) an.wr 235, it was held that withholding of the amount in such ..... part of the employer or principal shall be, in the absence of a contract to the contrary. patently it requires basic facts to determine the nature, the extent and the legality of the liability of the indemnity to be fastened on the contractor to indemnify the employer from paying the compensation ..... appellants in the two cases from opposite party no. 2 by way of indemnity.we do not think that there is any merit in the contention of the learned government pleader that in the light of the contract entered into between the two opposite parties regarding the liability to pay compensation under .....

Tag this Judgment!

Apr 06 2005 (HC)

C.N. Sundaram Vs. Chenai Finance Company Limited and ors.

Court : Andhra Pradesh

Decided on : Apr-06-2005

Reported in : 2005(4)ALD850; 2005(5)ALT60

..... severally in the event of defendant no. 1 failing to repay the loan amount. he denied the contention of the appellant that he signed the indemnity bond, ex.a3 and other document as guarantor, and contended that he signed them only as a witness. as the appellant and other guarantors ..... denying execution of the promissory note ex.a3, jointly and severally along with other defendants, he contended that he only stood as witness to the indemnity bond ex.a2, executed by defendant no. 2. according to him, as per the recitals of clause 6 of the agreement ex.a1, the ..... of agreement beyond the period agreed for under exs.al, a2 and a3, the plaintiff having regard to the provisions of section 139 of the indian contract act, 1872, can safely be presumed to have discharged the principal borrower and other guarantors, including the appellant and excluding defendant no. 4, from ..... he contended that the letter ex.a13 is continuation of the agreement ex.a1. ex.a13 neither cancelled ex.a1 nor it created a new contract, nor discharged the principal borrower and other sureties and guarantors from the liability arising out of agreement ex.a1. he denied there is any ..... contract, made without the consent of the surety, would discharge him from the liability arising therefrom, and the right of the plaintiff to proceed against the surety would be affected, placed reliance on judgment of the apex court in amrit lal v. state bank of travancore, : [1968]3scr724 . he contended that the appellant signed the indemnity .....

Tag this Judgment!

Feb 23 2005 (HC)

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Decided on : Feb-23-2005

Reported in : 2005(5)ALD658; 2005(6)ALT238

..... request of the plaintiff to obtain income tax clearance certificate and redemption of the property before payment of balance of sale consideration would amount to varying terms of the contract and that the transaction failed due to non-payment of sale consideration. while reversing the decree of the trial court for specific performance, however, the high court granted ..... the ground that the vendors did not get mortgage discharged. there was exchange of correspondence between the advocates of sellers and buyers which ultimately resulted in rescission of the contract by the vendors. in the suits for specific performance the purchasers succeeded. in the original side appeal before the high court, a division bench having noticed the admitted ..... endowments act, 1987 (the endowments act) has no application. therefore, the plaintiffs' by in insisting upon such permission in spite of the second defendant giving necessary clarification resiled from the contract. the learned counsel placed reliance on state of bihar v. smt. charusila dasi, : air1959sc1002 and anant prasad v. state of andhra pradesh, : air1963sc853 , in support of the ..... background, the plaintiffs verified all the documents relevant for evaluating marketability of the title of suit schedule property and with eyes wide open, and with free will entered into contract of sale with the first defendant represented by second respondent. as per the terms of ex.a 1 agreement, the vendees are required to obtain all necessary permissions .....

Tag this Judgment!

Nov 17 2005 (HC)

Nandhini Delux Vs. Government of Andhra Pradesh, Rep. by Its Principal ...

Court : Andhra Pradesh

Decided on : Nov-17-2005

Reported in : 2006(1)ALD212; 2005(6)ALT748

..... relaxation of general conditions and special conditions. if only such condition was notified, there would have been better persons/organizations with better qualifications who might have tendered for the contract. in international airports authority (1 supra), the supreme court considered such aspect of the matter and though did not grant any relief to the appellant and did not invalidate ..... even though they did not satisfy the prescribed condition of eligibility, was clearly discriminatory, since it excluded other persons similarly situate from tendering for the contract and it was also arbitrary and without reason. the acceptance of the tender of respondent 4 was, in the circumstances, invalid as being violative of the equality clause ..... ' experience of running a ii class restaurant, but who were otherwise competent to run such a restaurant and they might also have competed with respondents 4 for obtaining the contract, but they were precluded from doing so by the condition of eligibility requiring five years' experience. the action of respondent 1 in accepting the tender of respondent 4, ..... in a state bhavan was considered to be a mandatory precondition of eligibility, which cannot be deviated from, by anybody.26. in international airports authority (1 supra), the contract for running a ii class restaurant in international airport at bombay was awarded to fourth respondent therein. before the supreme court, it was contended that fourth respondent did not .....

Tag this Judgment!

Nov 08 2005 (HC)

Koganti Basava Sankara Rao Vs. Ravi Sambasiva Rao

Court : Andhra Pradesh

Decided on : Nov-08-2005

Reported in : 2006(1)ALD727

..... about the proposition of law. a finding had been recorded by the learned judge relating to the fact that the plaintiff is guilty of breach of contract and not the 1st defendant. but, however, on a careful scrutiny of all the facts and also the reasons which had been recorded by the ..... 7 and 8 also along with them, is not correct. except the 5th defendant other defendants are not residents of gudivada. there is no privity of contract between the plaintiff and these defendants. the 2nd defendant died and 9th defendant was impleaded as his legal representative, who remained ex parte. the 3rd ..... the advance amount of rs. 10,000/- shall stand forfeited. on account of the inability of the first defendant to perform his part of the contract these defendants sold away the said land in plots to several persons under registered sale deeds and the said purchasers are in possession and enjoyment of the ..... up from which huge quantity of smoke is emanating. therefore, the surroundings become useless for habitation. the plaintiff wanted to come back and avoid the contract and get back the earnest money. in these circumstances, the value of the land has gone down very much. the plaintiff is not entitled for any ..... on the south so as to reach pamarru road on the west. the plaintiff has always been ready and willing to perform his part of the contract at all times. the plaintiff also deposited the amount towards the balance of consideration in bank. the plaintiff got registered notice issued to the first .....

Tag this Judgment!

Mar 07 2005 (HC)

Sterlite Indus. (i) Ltd. Vs. Transmission Corpn. of Andhra Pradesh Ltd ...

Court : Andhra Pradesh

Decided on : Mar-07-2005

Reported in : 2005(189)ELT266(AP)

..... the petitioner offered his bid. the certificates, made the foundation, for attracting the doctrine of promissory estoppel, are those issued subsequent to the award of the contract to the petitioner. at the time, the petitioner submitted his bid offering to supply the goods to a.p. transco, there was no representation that ..... 4/99-c.e. dated 11-2-1999 for exemption of central excise duty or additional excise duty on the goods covered by the above referred contract'.similar certificates were issued by a.p. transco with respect to second and third purchase orders. copies of such certificates have been filed as annexures ..... receive such benefits, on any reason including statutory variation or change in the policy of government of india or jbic japan during the performance of the contract the purchaser will not compensate the bidder. bids of bidders who do not accept this provision will be declared as non-responsive and rejected.(ii) clause ..... to receive any such benefits for any reason including statutory variation or change in the policy of government of india or jbic, japan during performance of the contract, a.p. transco will not compensate. refer clause 15.2.a(e) in section itd of volume-i.'4. clause 15.2a(e) of ..... financed by japan bank of international corporation (jbic) under loan no. id-p127. the petitioner being a successful bidder was communicated with award of the contract and orders were placed on it by a.p. transco on 4-12-2000,19-1-2001 and 16-3-2001 (vide annexures p1, p2 and .....

Tag this Judgment!

Apr 20 2005 (HC)

Nallam Seeta Mahalakshmi and ors. Vs. Talari Vijayalakshmi

Court : Andhra Pradesh

Decided on : Apr-20-2005

Reported in : 2005(4)ALD130; 2005(6)ALT65

..... of the consideration amount under the agreement, and that (ii) the plaintiff relinquishes all claims to the performance of the other part of the contract which the defaulting party is incapable to perform and all rights to compensation for loss sustained by him. thus, the ingredients which would attract ..... , which was denied by the court below. with regard to the readiness and willingness of the respondent-plaintiff to perform his part of the contract, learned counsel placed reliance on the judgment of the apex court in ramesh chandra chandiok's case (supra). in the said judgment the apex ..... rachakonda narayana v. ponthala parvathamma, referred (supra).28. in baluswami aiyar's case (supra) plaintiffs filed the suit to enforce specific performance of a contract to sell a house and ground in madras made by first defendant with them and in the alternative for damages. the second defendant, who is the ..... relief of specific performance.'further, it was held that plaintiffs can seek for refund of the amount advanced at the time of execution of contract and accordingly, allowed the appeal in part decreeing the suit in favour of the plaintiffs for refund of the amount with interest.26. learned ..... sale consideration and the interest accrued thereon, into court, which clearly shows that the plaintiff is not ready and willing to perform her part of contract and hence, she is not entitled to the relief of specific performance. in view of the filing of additional written statement, the plaintiff filed .....

Tag this Judgment!

Jul 14 2005 (HC)

P.L. Raju Vs. Dr. Nandan Singh

Court : Andhra Pradesh

Decided on : Jul-14-2005

Reported in : 2005(5)ALD402

..... nature and incidents of earnest money deposited by an intending purchaser with the seller, and held that in case the purchaser commits breach of contract the earnest money is liable to be forfeited. while making the observations relied upon by the learned counsel for the appellant the learned ..... while construing section 74 at page 1273 :'...even if there is a stipulation by way of liquidated damages, a party complaining of breach of contract can recover only reasonable compensation for the injury sustained by him, the stipulated amount being merely the outside limit.'in an earlier case in ..... in krishnaji gopinath rele v. ramachandra kashinath mastakar, air 1932 bom. 51, it was held that a court of law will not ordinarily enforce a contract where there is reasonable and decent possibility that enforcing it would involve purchaser in litigation. reliance was placed on gurdial singh v. pearey lal, : ..... communicated. after recording several facts and circumstances and correspondence between the parties, the trial court had recorded a fact that the object of the contract in the peculiar facts and circumstances should be taken, as failed. no doubt, the trial court after elaborately discussing the bid conditions in ex ..... failure to cooperate is in violation of terms and conditions of agreement of sale. there are no bona fides on the part of the contract under the sale agreement. it is the plaintiff who committed default in obtaining registered sale deed from the defendant who is always ready .....

Tag this Judgment!

Nov 07 2005 (HC)

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Decided on : Nov-07-2005

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... insisted on strict scrutiny in every context, even for so-called 'benign' racial classifications, such as race-conscious university admissions policies, race-based preferences in government contracts, and race-based districting intended to improve minority representation.... the reasons for strict scrutiny are familiar. racial classifications raise special fears that they are motivated by an ..... or compensation. when prime contractor solicited bids from sub-contractors, adarand constructors submitted the low bid. in spite of the same, mountain gravel awarded the sub contract to gonzales, which was certified small business belonging to disadvantaged individuals including black americans, hispanic americans, native americans, asian pacific americans and other minorities. adarand constructors ..... reprint 1995. pp.140-141)we look beyond the particular to the universal, and shape our judgment, in obedience to the fundamental interest of society that contracts shall be fulfilled. there is a wide gap between the use of the individual sentiment of justice as a substitute for law, and its use as ..... (for short, adarand constructors-1). in this case, the united states department of transportation through its central federal lands highway division awarded contract to mountain gravel and construction company. the contract provided that if the prime contractor hires sub-contractors certified as small businesses controlled by 'socially and economically disadvantaged individuals', they would receive .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //