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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: chennai Year: 1967 Page 1 of about 61 results (0.116 seconds)

Sep 20 1967 (HC)

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Decided on : Sep-20-1967

Reported in : AIR1970Mad48

..... can be no liability under the contract of indemnity. on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no reason ..... in his classic on marine insurance (british shipping laws vol. 10, page 1193) states the position thus:"...,........ it is entirely foreign to the spirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, there ..... subrogated. it may not be that in every case of loss a third party is liable to the assured, the assured might have acquired by contract absolute indemnity against loss and the insurer might not be able to recover anything from the third party for subrogation. the assured may have really no cause of ..... all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to ..... following form. is there a suit known to law by an insurer, as in this case, who has, partially or wholly, reimbursed the assured on a contract of indemnity, or marine insurance, in respect of loss or injury to the goods, and who seeks to recover from the wrongdoer, to a proportionate extent, as one .....

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Sep 20 1967 (HC)

The Trustees of the Port of Madras, Represented by the Chairman, Madra ...

Court : Chennai

Decided on : Sep-20-1967

Reported in : (1968)2MLJ497

..... can be no liability under the contract of indemnity. on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no reason ..... arnould in his classic on marine insurance (british shipping laws vol.10, page 1193) states the position thus:. it is entirely foreign to the spirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, there ..... subrogated. it may not be that in every case of loss a third party is liable to the assured, the assured might have acquired by contract absolute indemnity against loss and the insurer might not be able to recover anything from the third party for subrogation. the assured may have really no cause of ..... all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to demonstrate ..... following form. is there a suit known to law by an insurer, as in this case, who has, partially or wholly, reimbursed the assured on a contract of indemnity, or marine insurance, in respect of loss or injury to the goods, and who seeks to recover from the wrong-doer, to a proportionate extent, as .....

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Apr 21 1967 (HC)

K. Muniandi Vs. Selvarajan and anr.

Court : Chennai

Decided on : Apr-21-1967

Reported in : (1968)2MLJ12

..... page 322 in the following terms:in effect a claim to contribution is a claim to a partial indemnity. contribution is bottomed and fixed on general principles of justice and does not spring from contract, though contract may qualify it.6. on an examination of the general principles laid down and set out as above, ..... it is clear that 'indemnity' referred to in order 8-a need not necessarily spring from contract. it can be spelt from the circumstances; but each case has to be decided on its merits. as pointed out ..... the present suit by the plaintiff (assignee) succeeds, might well be brought within the scope of an action for ' indemnity'. the expression indemnity has to be interpreted broadly and would mean claims to indemnity as such either at law or in equity.4. while respectfully adopting the observations of the learned judge, it is ..... he is entitled, in the suit instituted by the son without reference to such payments, to implead the father and obtain contribution or indemnity from him in equity. that such a party placed in similar circumstances is entitled to implead the third party to a suit under order 8-a ..... and claim indemnity from him is clear from the ratio of the decision in rudrappa chetti v. narasimha chetti : air1965mad495 . anantanarayranan officiating c.j. (as he .....

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Oct 04 1967 (HC)

K. Gopalakrishnan, Minor by Next Friend Guardian Father B.R. Krishnan ...

Court : Chennai

Decided on : Oct-04-1967

Reported in : (1969)1MLJ49

..... rules as to remoteness of damage to sue all or any of the negligent persons. it is no concern of his whether there is any duty of contribution or indemnity as between those persons, though in any case he can not recover in the whole more than his whole damage.in krishnaswami naidu v. narayanan : air1939mad261 , a ..... plaintiff sees fit, be levied against one only of the defendants and that until the act of 1935 the general rule was that he could get neither an indemnity for the whole of what he had paid nor contribution of an aliquot part of it. the learned author has pointed out that this was laid down in. ..... quite correct. it was there laid down that the right which a passenger by railway has to be carried safely does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely.hence the fact that the driver-cum-owner of ..... of his employment. the second clause of the proviso shows that it extends to persons other than passengers carried for hire or reward, or in pursuance of a contract of employment. thus the owner of the scooter is not bound to take out a policy in respect of third party risks to cover the claim of a ..... of impact of the two vehicles. but the driver of the lorry stated that he did not show to the police the place where his lorry came into contract with the scooter. it is difficult to accept his statement as against that of the sub-inspector of police. it is not possible to accept the evidence of .....

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Oct 04 1967 (HC)

K. Gopalakrishnan Minor Vs. Sankara Narayanan and ors.

Court : Chennai

Decided on : Oct-04-1967

Reported in : AIR1968Mad436

..... general rules as to remoteness of damage to sue all or any of the negligent persons it is no concern of his whether there is any duty of contribution or indemnity as between those persons though in any case he cannot recover in the whole more than his whole damage.'16. in krishnaswami naidu v. narayanan air 1939 mad 261 a ..... the course of his employment. the second clause of the proviso shows that it extends to persons other than passengers carried for hire or reward, or in pursuance of a contract of employment. thus the owner of the scooter is not bound to take out a policy in respect of third party risks to cover the claim of a pillion rider ..... 655 was quite correct. it was there laid down that the right which a passenger by railway has to be carried safely does not depend on his having made a contract but that the fact of his being a passenger casts a duty on the company to carry him safely.'hence the fact that the driver cum owner of the scooter ..... , if the plaintiff sees fit, be levied against one only of the defendants and that until the act of 1935 the general rule was that he could get neither an indemnity for the whole of what he had paid nor contribution of an eliquot part of it. the learned author has pointed out that this was laid down in merryweather v .....

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Feb 22 1967 (HC)

Mutharasu thevar Vs. Mayandi thevar and ors.

Court : Chennai

Decided on : Feb-22-1967

Reported in : AIR1968Mad333

..... of the agent, vedavyasachar, in order to realise that decree. it provides that his remuneration is to be one-half of the proceeds. it contains an indemnity clause against any out of pocket expense which he is entitled also to recover from the amount of the decree. but the object of the power-of- ..... , in the absence of an express contract, be terminated to the prejudice of such interest.'even on a reading of the section it cannot be said that in the instant case the agent has ..... an interest in the exercise of it or has a special property in, or lieu for advances upon, the subject-matter thereof......' s. 202 of the indian contract act itself runs in these terms: 'where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot ..... virtue of the fact that ex. a-1 purports to give the agent an agency, which is irrevocable within the meaning of s. 202 of the indian contract act, the principal, in such circumstances, cannot revoke the vakalat given in favour of the advocate appointed by the agent.(6) the agent has been appointed only ..... his favour, it is irrevocable as it should be deemed to be and is coupled with an interest within the meaning of s. 202 of the indian contract act.(3) the primary question argued before me is whether such an agency as contemplated in ex. a-1, which is the power-of-attorney is irrevocable .....

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Apr 07 1967 (HC)

Larsen and Toubra Ltd., Madras and ors. Vs. Joint Commercial Tax Offic ...

Court : Chennai

Decided on : Apr-07-1967

Reported in : AIR1968Mad407; [1967]20STC150(Mad)

..... neyveli lignite corporation and the goods were imported under the actual user's import licences obtained by the neyveli lignite corporation. the terms of the licence were reflected in the contracts. these contracts have clearly occasioned the import of the foreign fabricated machinery into india. these goods also will be governed by : [1966]3scr352 . w. p. nos. 2443 and ..... that shall form part of the consolidated fund of india. section 10 to 12 are concerned with penalties imposition of penalty in lieu of prosecution cognizance of offences and indemnity. section 13 confers upon both the central and the state governments rule making power in respect of specified matters. sections 14 and 15 have been enacted pursuant to art ..... manufactured by the foreign principals of messrs. johnston pumps india ltd. calcutta for whom the assessees larsen & toubro acted as agents. the assessees in order to fulfil their contract with neyveli lignite corporation approached johnston pumps india ltd. who in turn arranged for the supply of the machinery from their foreign principals. the representatives of the neyveli lignite corporation ..... corporation ltd. to import for them certain machinery during the assessment year 1960-61 from abroad specially manufactured and intended for the neyveli lignite cooperation. there were two similar contracts, one in april and the other in october 1960. the import licences were to be procured by the neyveli lignite corporation. the manufacture and testing of equipment had .....

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Apr 07 1967 (HC)

Larsen and Toubro Ltd. and ors. Vs. the Joint Commercial Tax Officer a ...

Court : Chennai

Decided on : Apr-07-1967

Reported in : (1967)2MLJ552

..... neyveli lignite corporation and the goods were imported under the actual users' import licences obtained by the neyveli lignite corporation. the terms of the licence were reflected in the contracts. these contracts have clearly occasioned the import of the foreign fabricated machinery into india. these goods also will be governed by khosla & co. (p.) ltd. v. deputy commissioner ..... shall form part of the consolidated fund of india. sections 10 to 12 are concerned with penalties, imposition of penalty in lieu of prosecution, cognizance of offences and indemnity. section 13 confers upon both the central and the state governments rule-making power in respect of specified matters. sections 14 and 15 have been enacted pursuant to article ..... manufactured by the foreign principals of messrs. johnston pumps india ltd., calcutta for whom the assessees larsen & toubro acted as agents. the assessees in order to fulfil their contract with neyveli lignite corporation approached johnston pumps india ltd. who in turn arranged for the supply of the machinery from their foreign principals. the representatives of the neyveli lignite ..... corporation ltd. to import for them certain machinery during the assessment year 1960-61 from abroad specially manufactured and intended for the neyveli lignite corporation. there were two similar contracts, one in april and the other in october, 1960. the import licences were to be procured by the neyveli lignite corporation. the manufacture and testing of equipment had .....

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Mar 08 1967 (HC)

A.V. Meiyappan Vs. Commissioner of Commercial Taxes, Board of Revenue, ...

Court : Chennai

Decided on : Mar-08-1967

Reported in : AIR1969Mad284; [1967]20STC115(Mad)

..... . the failure of the lessor or the lessee in carrying out the agreement cannot obviously endanger the other contracts which the lessee might have entered into with third parties for the purpose of distribution and it is only in order to safeguard such ..... before the producer obtains the necessary censor certificate, the lessee is enabled as from the date of the agreement itself to enter into agreements or contracts of sublease, distribution etc., with third parties. it is in the light of these provisions that the clause extracted earlier has to be understood ..... as a film producer has laboratories for the purpose of processing films and making prints and what may be called a separate incident of the contract is included herein, namely, that notwithstanding that the lessee has acquired the world negative rights, he cannot go to any other laboratory for the ..... the film in any area, or the proprietor may enter into different engagements with different parties covering the exhibition in different areas. the other contracting party either exhibits the film himself in his own theatres or enters into subcontracts of a similar nature. if the lease granted covers only the ..... made only in the laboratories of the lessor, undertaking also to pay the charges thereof. that appears to be a special term of the contract apparently for the reason, that the lessor maintains laboratories in which the films both negatives and positives are processed and carries on a business .....

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Feb 02 1967 (HC)

R. Venkata Subbu and ors. Vs. the Director of Enforcement and anr.

Court : Chennai

Decided on : Feb-02-1967

Reported in : (1969)1MLJ281

..... the same idea is expressed in different terms choosing phraseology related to the context. the exporter is made to declare solemnly that the value contracted with the buyer is the invoice value to provide against secret understandings between the buyer and the seller and false invoice values. the expression ..... foreign exchange available by the export must be secured to the country. the four expressions therein, invoice value, full export value, the value contracted with the buyer and proceeds resulting from the export are all intended to convey the same central theme. the related rule 7 in the ..... these parties, not merely to the effect that a particular amount was the full export value but also specifically that this represented the bargain or contract with the foreign buyer. the argument now is not that the two have varied, owing to other supervening causes. the argument based upon under ..... them within the control of the seller. for instance the rates of foreign exchange themselves may be adversely affected between the dates when the contracts were made with the foreign buyer, and the dates with reference to which the foreign buyer incurs the obligation to pay the value, interpreting ..... over invoiced, at the moment, using purely neutral expressions, we may state that these figures did not represent any existing or even remotely probable contracts for sale and purchase at the foreign markets, but were fictitious.5. naturally, in many of these cases, nothing even amounting to a fraction .....

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