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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: jammu and kashmir Year: 1988 Page 1 of about 2 results (0.018 seconds)

Feb 01 1988 (HC)

National Insurance Co. Ltd. Vs. Sh. Romesh Kumar Gandotra

Court : Jammu and Kashmir

Decided on : Feb-01-1988

Reported in : AIR1989J& K65

..... had been arrived at without any discussion. according to mr. thakur, the trial judge failed to appreciate that an insurance policy is only a contract of indemnity and not a contract of -guarantee. he argued that without taking note of the terms and conditions of the policy of insurance, the extent of the liability ..... recording an erroneous finding.17. in chandmull jain v. general assurance society ltd., air 1959 cal 558, it was laid down that a contract of insurance is a contract of indemnity and 'when loss occurs it is for the assured to prove the actual amount of his loss. the sums mentioned in the policy, as ..... defendant-company was bound to pay insurance amount to the plaintiff.' that is not the correct position in law. a contract of insurance is not a contract of guarantee. it is only a contract of indemnity and an insurance company is liable to indemnify the assured against the actual loss suffered, subject to the extent of ..... the extent of the liability, if any, of the insurance company is required to be re-determined by the trial court in accordance with the law of indemnity as noticed above. we, therefore, recast issue no. 3 as under : --'(3) what is the actual amount of damage suffered by the plaintiff by ..... above.19. issue no. 3 was thus not properly framed for determining the extent of the liability of the insurance company. the essence of any indemnity clause is that the assured must prove the actual loss. on the basis of the issue, as framed in the case, no evidence was led .....

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Nov 17 1988 (HC)

Babu Ram Vs. Kanta Devi

Court : Jammu and Kashmir

Decided on : Nov-17-1988

Reported in : AIR1990J& K1,I(1990)DMC586

..... to have crumbled down under its own pressure. hindu marriage was considered, as a 'sanskar' as conceived in yajnavalkya smriti as distinguishable from christian and muslim marriage which is a contract with some religious sanctity. the hindu marriage act has brought revolutionary changes in the concept of the marriage which is no more,' once a marriage always a marriage' as the .....

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