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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: guwahati Page 1 of about 406 results (0.021 seconds)

Aug 19 1986 (HC)

United India Fire and General Insurance Company Ltd. Vs. Kalsum Begum ...

Court : Guwahati

..... insured is in a position to enlighten us in this regard.8. it is common knowledge that in its main features a motor insurance contract is a contract of indemnity. in so far as motor insurance is concerned, for the insurance of the vehicle as a specie of property insurance, or the insurance ..... the happening of certain events. the insurance policy is the document in which is contained the terms of the contract. insurance is a contract uberrimae fidei (of the utmost good faith) and of indemnity only, except in case of life and accident insurance, when an agreed sum is payable. while in insurance ..... the ordinary principles of these classes of insurance are applicable. however, in so far as clauses providing for insurance cover not in the nature of indemnity, for example, for the death or disablement of the assured himself are concerned, a general principle of life insurance or personal accident insurance will apply ..... in this form. in a motor insurance policy under the act, its contractual element should not be lost sight of. basically it is a contract and the two minds were 'ad idem' oh the liability undertaken. statute has intervened to make the insurance against third party liability compulsory and ..... there is privity, of contract between the insurer and the assured, in the case of a motor vehicle insurance in india, a statutory element .....

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Sep 13 2006 (HC)

Jagjit Kaur and anr. Vs. United India Insurance Co. Ltd. and ors.

Court : Guwahati

..... section 157 of the act cannot be pressed into service.12. the basic theory of the insurance contract in such respect is the contract of indemnification. section 124 of the contract act defines the contract of indemnity according to which when one party promises to save the other from loss caused to him by ..... purpose of availing the benefit of indemnification, it is absolutely necessary that a specific contract with the promisor is required to be made, which is lacking in the instant case. on ..... 15.00 must be collected.13. in the instant case no such specific contract of indemnity has been entered into between the appellant and the insurance company. the appellant is not entitled to get the benefit of indemnity merely by giving information under section 157 of the mv act without anything more and ..... to the vehicle of the insured himself, that would be a matter falling outside chapter-xi of the new act and in realm of contract for which there must be an agreement between the insurer and the transferee, the former undertaking to cover the risk or damage to the vehicle ..... the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. for the .....

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Sep 17 1999 (HC)

National Insurance Co. Ltd. and ors. Vs. Sabita Gope and ors.

Court : Guwahati

..... is used and understood by the persons concerned. the english courts have also taken the view that man slaughter arising from negligent driving on the road is covered by the contract of indemnity in respect of accidental injury; (ref:- (1921) 3 kb 327 and (1927) 2 kb 311, - referred and relied in marles v. philip trant and sons ltd. 1954-1 qb ..... the meaning of which may vary according as the context varies. in criminal jurisprudence crime and accident are sharply divided by the presence or absence of mens rea. but in contracts such as those of marine insurance and of carriage by sea this is not so. in such cases the maxim 'in jure non remota cause sed proxima spectatur' is applied .....

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Sep 22 1992 (HC)

United India Insurance Co. Ltd., Gauhati Vs. Member, Motor Accident Cl ...

Court : Guwahati

..... set out in clauses (a) and (b). 10. it is necessary to bear in mind that a contract insurance is practically a contract of indemnity. to effectuate the contract of indemnity, a decree has to be first obtained against the insured and thereupon the liability of the insurer to discharge ..... also requires to be taken into consideration. the possibility of the owner being deprived of no claim bonus in certain types of insurance contract is also relevant. the mere fact that the insurance policy in a given case covers the amount ordered to be paid as compensation ..... policy, the supreme court observed : 'the insurance policy might provide for liability wailed in by conditions which may be specified in the contract of policy. in order to make the protection real, the legislature has also provided that the judgment obtained shall not be defeated by ..... the decree arises. a contract of insurance is a contract by which the insurer promises to save the insured from ..... the loss caused to him by the conduct of any other person. by virtue of section 125 of the indian contract .....

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Jan 19 1998 (HC)

National Insurance Co. Ltd. Vs. Gouri Sen Gupta and ors.

Court : Guwahati

..... the insured is concerned, he has the right as an adverse party to cross-examine the witness on the point of income of the deceased or injured. under the contract of indemnity, the insured may have also an obligation to mitigate the amount of damages which the insurer may have to ultimately pay as an indemnifier and such an obligation may also ..... , being one of the following conditions, namely:(i) a condition excluding the use of the vehicle-(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organised racing and speed testing, or(c) for a purpose not allowed .....

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Feb 10 1982 (HC)

New India Assurance Company Ltd. Vs. Hareswar Dev Sarma and ors.

Court : Guwahati

..... (rupees twenty thousand) only is awarded in favour of the claimant which will be realised from the insurer, opposite party no. 3, messrs new india assurance co. ltd., by the contract of indemnity in terms of the insurance policy. thus, opposite party no. 3, the new india assurance co. ltd., shall be liable to pay the aforesaid awarded amount to the claimant ..... .' from the above language, it is clear that the insurer is made liable only by virtue of the indemnifying clause in the insurance contract which means that the insured is primarily liable .....

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Jan 29 2008 (HC)

Ghanashyam Sarma and anr. Vs. State of Assam and ors.

Court : Guwahati

..... terms of the hire-purchase agreement, taken possession of the vehicle. while observing that prima facie this action could be supported by the contract, the learned magistrate directed the vehicle to be returned to the hirer on a mere indemnity bond. it is indeed surprising that without making good the charge of theft the hirer by using the state instrumentality, namely, the ..... thing hired by deferred payments subject to the condition that title to the thing shall not pass until all the installments have been paid. there maybe other variations in a contract of hire-purchase depending, of course, upon the terms agreed between the parties.9. in k.l. johar & co. v. cto : [1962]2scr644 and installment supply (p) ltd. v. union ..... have reached the hire-purchase price stipulated in the agreement. (see sundaram finance ltd. v. state of kerala and anr. reported in : [1966]2scr828 ). hire-purchase agreements are, thus, executory contracts, whereunder the goods are let on hire and the hirer has an option to purchase the goods in accordance with the terms of the hire-purchase agreement. (see charanjit singh ..... of the goods by installments.8. in damodar valley corporation v. state of bihar : [1977]1scr118 , the supreme court took the view that a mere contract ofhiring without anything more is a species of the contract of bailment, which does not create any title in the bailee. this view, as pointed out in charanjit singh chadha (supra), has udergone considerable change. ordinarily .....

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Aug 07 1952 (HC)

Himangshu Sekhar Purkayastha Vs. the State of Assam Represented by the ...

Court : Guwahati

..... m. e. s. authorities, the appellant received by way of accommodation rs. 3,200/-from the divisional forest officer, nowgong, by executing an indemnity bond on 22-12-45 the relevant portion of which runs as follows: 'i do hereby declare that i shall refund to the divisional forest officer, nowgong ..... option to refuse to start a proceeding for realisation of the amount. 7. mr. bhattacharya's contention has been that the money covered by the indemnity bond is a civil liability and not money due under the forest regulation nor in respect of any forest produce and not recoverable as arrears of ..... if this rs. 3,200/- covered by the indemnity bond be a public demand as described in section 3(6) of the bengal public demands recovery act, 1913 which is applicable to assam, the ..... assam land and revenue regulation. himangshu sekhar purkayastha objected to the realisation of the amount mainly on the ground that the amount covered by the indemnity bond could not be realised as arrear of land revenue as provided under section 75 of the assam forest regulation. his second objection was that even ..... a requisition made by the divisional forest officer, nowgong. 2. the facts leading to this appeal put shortly are as follows: the appellant entered into a certain contract for supply of bamboos to the m. e. s. camp at nowgong and submitted a bill for rs. 6,240/- but before the bill reached the .....

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Jan 05 1987 (HC)

The Oriental Fire and General Insurance Company Vs. Smt. Nani Bala Dev ...

Court : Guwahati

..... to him in the relation 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) **** **** **** section 13. remedies of employer against stranger -- where a workman ..... creating a legal liability of some person other than the person by whom the compensation was paid and any person who has been called to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. section 14. insolvency of employer -- (1 ..... , and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;*** *** *** section 3. employer's liability for compensation. (1) if ..... course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter :**** **** section 12. contracting -- (1) where any person (hereinafter referred to as the principal) in the course of or for the purpose of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the .....

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Jan 05 1987 (HC)

The Oriental Fire and General Insurance Company Vs. Nani Bala Devi and ...

Court : Guwahati

..... circumstances creating a legal liability of some person other than the person by whom the compensation was paid and any person who has been called to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. section. 14. insolvency of employer--(1) where ..... any employer has entered into a contract with any insurers in respect of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a composition or ..... and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other persons while the workman is working for him; xx xx xx xx secttion. 3. employer's liability for compensation--(1 ..... of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter: xx xx xx xxsection. 12. contracting--(1) where any person (hereinafter referred to as the principal) in the course of or for the purpose of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole .....

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