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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: guwahati Year: 2005 Page 1 of about 28 results (0.018 seconds)

Feb 04 2005 (HC)

Rajesh Kumar Choudhury and anr. Vs. United India Insurance Co. Ltd. an ...

Court : Guwahati

Decided on : Feb-04-2005

..... whether fraudulent or innocent, is irrelevant if it has not induced the party to whom it is made to act upon it by entering into a contract.'18. the last question/point for determination relates, as to whether the defence plea of exerting fraud by the plaintiff in getting the insurance policy ..... corporation v. g.n. channabasemma.the cases referred by shri sharma relates to sections 25 and 45 of the insurance act and sections 17 and 19 of the contract act which supports the case of the defendants.relevant portion of the case reported in (1995) 2 banking cases 602 (lic v. swarnalata sahu) is quoted ..... and, thus, the appeal was dismissed.the case relates to section 25 of the insurance act 1938, wherein their lordships has held that a contract of insurance is contract uberrima fides and there must be complete good faith on the part of the assured. the assured is, thus, under a solemn obligation ..... deliberately false and hence the policy issued to him relying on those statements was vitiated and the principle underlying the explanation to section 19 of the contract act would not come in aid of the plaintiff.therefore, the first question is answered accordingly holding that the judgment and decree passed by the ..... all these questions by using the word 'no' and 'does not arise'.14. thus, judged by the standard laid down in section 17 of the contract act, the policy holder was clearly guilty of a fraudulent, suppression of material facts, when he filled up the policy which he must have known were .....

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Sep 01 2005 (HC)

Sikaria Sons (P.) Ltd. and anr. Vs. Commissioner of Taxes and ors.

Court : Guwahati

Decided on : Sep-01-2005

..... the containers and that the containers used to pack the goods, i.e., gunny bags are the cheapest and most convenient mode of packing the goods, no inference of any contract or agreement to sell the containers i.e. gunny bags along with the goods could have drawn by the authorities below. relying on the judgment of the apex court in ..... transaction property in the goods actually passes to the buyer. the apex court also took the view that such a contract of sale may either be express or implied. in a situation where there is no express contract, before such a contract could be inferred the authority concerned must be satisfied by having regard to the fact's and circumstances of the case .....

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Sep 30 2005 (HC)

New India Assurance Co. Ltd. Vs. Phelishsa Bakai and ors.

Court : Guwahati

Decided on : Sep-30-2005

..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... of the legislature to provide for the liability of insurer with respect to passengers, especially gratuitous passengers, who were neither contemplated at the time the contract of insurance was entered into, not any premium was paid to the extent of the benefit of insurance to such category of people.(21) the ..... expression 'third party risk' has been described thus: 'third party risks' road traffic act, 1930, connotes that the insurer is one party to the contract, that the policyholder is another party and that claims made by others in respect of the negligent use of the car, may be naturally described as ..... provisions for compulsory insurance in respect of those persons who were carried for hire or reward or by reason of or in pursuance of a contract of employment irrespective of the fact whether the vehicle involved was a public service vehicle or a goods vehicle.99. section 95 was amended by ..... vehicle' means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, and stage carriage;2 (29) 'stage carriage' means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which .....

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Oct 07 2005 (HC)

Shree Sanyeeji Ispat Pvt. Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

Decided on : Oct-07-2005

..... government at the instance of the promisee, notwithstanding the fact that there was no consideration for the promise and the promise was not recorded in the form of a formal contract as required by article 299 of the constitution or in accordance with the procedure prescribed by the relevant statute. the doctrine of promissory estoppel would be attracted in such a ..... to its promises rather than resile therefrom on the pretext that unless exemption is granted in the manner in which the statute has prescribed for granting of exemption, no enforceable contract can be made out.44. in other words, a careful reading of the decision in century spinning & mfg. co. ltd. : [1970]3scr854 , shows that if the conditions precedent for ..... statute governing the person making the representation provides otherwise, result in an agreement enforceable at law, if the statute requires that the agreement shall be in a certain form, no contract may result from the representation and acting therefor, but the law is not powerless to raise in appropriate cases an equity against him to compel performance of the obligation arising ..... 's resolution of 1865 was not a formal grant passing title in the land to the corporation. there was also no dispute that there was, legalistically speaking, no formal enforceable contract between the state government and the municipal corporation. of the five judges, das. j., speaking for the majority, observed that the possession of the corporation, not being referable to any .....

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Feb 08 2005 (HC)

Union of India (Uoi) and anr. Vs. J.G. Engineers Pvt. Ltd.

Court : Guwahati

Decided on : Feb-08-2005

..... shall remain unaffected.72. in the present case, the arbitrator has rejected the counter-claim no. 1 of the appellant authority on the sole ground that the recession of contract by the authority was wrongful and, therefore, the appellant authority is not entitled to the said amount. this court has already recorded the finding hereinabove, that the question of ..... the instant case the order of appointing arbitrator, as stated above, clearly indicates that the claims of the contractor were referred subject to their admissibility under clause 25 of the contract. therefore, the arbitrator has no power and authority to adjudicate the 'excepted matters' which are excluded from the purview of the arbitration by both the parties by accepting ..... v. union of india, : [1960]2scr793 , this court has unequivocally expressed that an award by an arbitrator over a claim which was not arbitrable as per the terms of the contract entered into between the parties would be liable to be set aside. in prabartak commercial corporation limited v. chief administrator, dandakaranya project, : air1991sc957 , a claim covered by 'excepted matter ..... of workmanship of materials used on the work or as to any other question, claim, right, matter of thing whatsoever in anyway arising out of or relating to the contract designs, drawings, specifications, estimates, instructions orders of these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of .....

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Jun 20 2005 (HC)

Prabir Kumar Das and ors. Vs. Amulya Bhushan Paul

Court : Guwahati

Decided on : Jun-20-2005

..... settled that equitable remedy of specific performance cannot be had on the basis of pleadings which do not contain averments of readiness and willingness of the plaintiff to perform his contract in forms 47 & 48 cpc.'36. in another decision in swarnam ramchandranan (smt) v. aravacode chakungal jayapalan, reported in : (2004)8scc689 , approving the decision in nannapaneni subayya chowdary v ..... of the specific relief act, 1963, which reads as follows :'15. who may obtain specific performance. - except as otherwise provided by this chapter, the specific performance of a contract may be obtained by-(a) any party thereto;(b) the representative in interest or the principal, of any party thereto;provided that where the learning, skill, solvency or any personal ..... bai dosabai : [1980]3scr762 (supra), the supreme court, in t.m. balakrishna mudaliar v. m. satyanarayana rao, reported in : [1993]2scr888a , considered the question as to whether a contract of repurchase of an immovable property, is ordinarily, assignable and taking note of the privy council's decision in sakalaguna v. munnuswami air 1928 pc 174 and also of the ..... obligation annexed to the ownership of immovable property, not amounting to an interest in the property, but which obligation may be enforced against a transferee with notice of the contract or a gratuitous transferee of the property. thus the equitable ownership in property recognised by equity in england is translated into indian law as an obligation annexed to the .....

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Feb 01 2005 (HC)

Dewanchand Ramsaran Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Feb-01-2005

..... appellant/writ petitioner suffering any prejudice thereby. there is no compromise with the interest of the public exchequer. in the matter of assessment of suitability for awarding a public contract of this nature, the administrative authorities have to be conceded some leeway within permissible limits. the facts and circumstances of the case do not demonstrate that the oil ..... to perform the contract satisfactorily. a bidder is permitted to identify more than one rig for each of the rig offered against tender requirements furnishing complete technical details for evaluation as per ..... whereof would affect unfairly the competitive position of other bidders presenting substantial responsive bids. clause 24 which lays down the award criteria, prescribes that the oil would award the contract to the successful bidder whose bid is determined to be substantially responsive and is determined as the lowest evaluated bid, provided that the bidder is determined to be qualified ..... before the learned single judge was whether the respondent no. 4's offers of alternate rigs at different prices were in conformity with the tender conditions justifying awarding of the contract to it. the learned single judge held against the appellant/writ petitioner.8. recanyassing the same arguments before us, mr. choudhury has urged, relying on the tender .....

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Mar 31 2005 (HC)

Benathung Odyuo Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-31-2005

..... 6-2004 issued by the respondents and proceedings undertaken thereto are hereby set aside and quashed. the respondents shall take necessary steps for extending the contract agreement for the two buses for a period of 3 (three) years as per the decision of the meeting held on 27-8-2003 ..... conditions viz., reducing of the rates of hiring charges and retaining terms and conditions of the earlier agreements, but for the extension of the contract for another 3 years was neglected by the respondents which is detrimental to the interest of the petitioner. once the decision is made the same ..... law commission of india in its 13th report adopted the same approach and recommended that, by way of exception to section 25 of the indian contract act, 1872, a promise, express or implied, which the promisor knows or reasonably should know, will be relied upon by the promisee, should ..... continuous deliberation in connection with rate revision to reduce the rate, the contractor finally agreed to the conditions reluctantly but subject to condition that the fresh contract period must be valid for minimum period of 3 (three) years.hence, the proposed and agreed conditions of the rates revision are as follows:--aa ..... hiring of the two buses of the petitioner by the respondents.10. the learned counsel for the respondents further contended that matters relating to contract will not attract the provision of article 226 of the constitution. the learned counsel is placing his reliance in the case of national highways .....

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Nov 22 2005 (HC)

United India Insurance Co. Ltd. Vs. H. Lalhmingliana and anr.

Court : Guwahati

Decided on : Nov-22-2005

..... clause appearing in section 163a permitted even the tortfeasor to claim compensation and that the insurance company can contest the claim only on the ground of total absence of a contract of insurance and not otherwise.34. setting at rest the controversy as to whether section 163a would cover the cases, wherein negligence of the victim was the cause of the .....

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Aug 16 2005 (HC)

Chandra Singh and anr. Vs. Gayatri Devi and anr.

Court : Guwahati

Decided on : Aug-16-2005

..... appearing in section 163-a permitted even the tortfeasor to claim compensation and that the insurance company can contest the claim only on the ground of total absence of a contract of insurance and not otherwise.39. setting at rest the controversy as to whether section 163-a would cover the cases wherein negligence of the victim was the cause of .....

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