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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: jharkhand Page 1 of about 330 results (0.012 seconds)

Jul 12 2006 (HC)

National Insurance Co. Ltd. Vs. New India Assurance Co. Ltd. and ors.

Court : Jharkhand

Reported in : IV(2006)ACC589; 2007ACJ2332

..... , or, whether the entire liability shall have to be borne by new india assurance co. ltd.?5. the policy of insurance is a contract of indemnity. when the insured ceases to be the owner of the vehicle, the contract becomes inoperative. the underlying principle of section 103-a of 1939 act was that a policy of insurance cannot be transferred by the insured ..... without the consent of the insurer. there is novation of the contract once the insurer agrees to transfer and the original assured is substituted by .....

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Oct 19 2007 (HC)

T.V. Ramanathan, Managing Director and Chief Operating Officer, Exide ...

Court : Jharkhand

Reported in : [2008(1)JCR167(Jhr)]

..... complainant, his outstanding amount was eil's liability as per the relevant clauses of the deed of indemnity itself. however, this fact was concealed by the petitioner. the c & f agency of the complainant was a contract under clause 11 of the said agreement of sale dated 21.11.1997. 'clause 11 provides ..... except certain limited and the name of the complainant did not figure in the said list of liabilities. standard batteries ltd. had executed deed of indemnity on november, 28th, 2000 in favour of m/s exide industries ltd. by which it was agreed upon that all the liabilities were to be ..... and 23.12.2004. against the several letters written by the complainant/o.p. no. 2. exide industries ltd. had replied categorically denying any contract with the complainant and the petitioners with certain clarification that certain assets and liabilities which were acquired from s.b.l. by e.i.l. in ..... of batteries at prices in accordance with the relevant contracts. sbl shall made their best efforts to get the benefit/obligations under all such contracts transferred to eil on the same terms and conditions.' this was the liability of eil as per the deed of indemnity and agreement of sale dated 21.11.1997 ..... itself. however, this fact was concealed by the petitioners. the list of liabilities appended to the said deed of indemnity includes the .....

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Mar 14 2007 (HC)

Radhey Biscuits Pvt. Ltd. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1921; [2007(3)JCR85(Jhr)]

..... directed to file information relating to the dues outstanding against the petitioner during the period of currency of license. however, the state produced the indemnity bond said to be executed by the petitioner and the matter was again heard on 6th september, 2006.consequently, the impugned judgment came to ..... to note that even counterpart agreement envisaged by section 40 of the bihar excise act has not been executed. the state while entering into contracts and granting licenses cannot behave as an autocrat and fleece the people by unfair means by use of coercive methods. therefore, the plea of ..... april, 2006 that dues amounting to rs. 6,87,24,703 were outstanding against him for the financial year 2005-2006. this affidavit cum indemnity bond has been placed in the record. incidentally, the above admitted amount is exactly the same as the demand raised against the petitioner by ..... chalan and the amount represented by each chalan and according to the learned counsel for the petitioner, the entire amount represented by the affidavit-cum-indemnity bond having been paid, the member, board of revenue, was required to consider the plea of the petitioner, raised before it with documentary ..... revenue, further rejected the contention of the state that the licensee cannot surrender the license before expiry of period of three years for which the contract was settled. it further observed that section 44 does not recognize any term as the 'period of settlement', the license being for one year .....

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Apr 20 2004 (HC)

Rajni Kumar Mahto Vs. Smt. Uma Devi Budhia and ors.

Court : Jharkhand

Reported in : AIR2005Jhar13; [2004(3)JCR316(Jhr)]

..... accordance with the terms of the agreement (ext. 1) and in considering whether the plaintiffs-respondent are willing to perform their part of the contract, the sequence in which the obligations under the agreement are to be performed must be taken into account and if under the terms of the ..... further negotiations in the form of correspondence, the entirety of the correspondence has to be looked into to find out whether there has been a completed contract or not.'in the case of punit beriwala (supra) it has been observed in para 7 that :--'........the plaintiff, therefore, in our opinion ..... and unless all material terms of the contract are agreed there is no binding obligation between the parties. the apex court in the case of kallipara sriramulu (dead) by his l.r. ..... would not use the words with no purpose. although the parties may have reached an agreement by the process of offer and acceptance, the contract may not be concluded because the terms are uncertain or the parties have left some points unresolved or they contemplate another future agreement between them ..... on the record also that the plaintiffs-respondent have performed or are always ready and willing to perform the essential terms of the provisional contract which are to be performed by them and the learned court below has misconstrued the evidence on the record in coming to the finding in .....

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Apr 30 2004 (HC)

Jibrail Mian and anr. Vs. Lalu Turi and ors.

Court : Jharkhand

Reported in : AIR2004Jhar139; [2004(3)JCR139(Jhr)]

..... of don and tand lands shown to have been sold through ext. 4 appears to be quite inadequate which shows the strong circumstance to believe that the plaintiffs-respondent had contracted to sale only one plot i.e. plot no. 1181 having an area of 1.11 acres don land and the plaintiffs-respondent have proved the inadequacy of the price ..... vendor i.e. the plaintiff-respondent no. 2 has decided to repudiate it, she must repudiate it altogether and she is entitled to rescind the said contract and a person entitled to rescind a contract cannot rescind a part only. in this view of the well recognized principle of law referred to above, both the courts below have rightly decreed the suit ..... the vendor i.e. plaintiffs-respondent no. 2 has decided to repudiate it, she must repudiate it altogether and she is entitled to rescind the said contract and a person entitled to rescind a contract cannot rescind a party only. it has also been submitted that the question whether title passes on mere execution and registration of deed or only on payment ..... existence of such coercion, undue influence, fraud, misrepresentation or mistake. fraud means and includes any other acts committed by a party to a contract with intent to deceive another party to the contract. section 17 of the indian contract act, 1872 defines 'fraud' and it includes such act which intends to deceive another party and also any other act fitted to deceive. in .....

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Mar 02 2005 (HC)

Rungta Projects Ltd. Vs. Tenughat Vidyut Nigam Ltd. and ors.

Court : Jharkhand

Reported in : AIR2006Jhar64; 2005(3)ARBLR182(Jhar); 2005(2)BLJR1084; [2005(2)JCR209(Jhr)]

..... conciliation act, 1996 the petitioner has prayed for appointment of arbitrator in relation to disputes and differences which have arisen between the petitioner and the respondents in connection with the contract for transportation of coal in various collieries.2. the petitioner carried out the work of transportation of coal. it has executed the work of transportation of coal for the collieries ..... under the signature of chief engineer, tvnl inviting tenders for transportation of coal by road from its collieries of ccl. the petitioner submitted its offer which was accepted and a contract was executed. thereafter, a letter of intent dated 16.8.2000 was issued by the chief engineer, tvnl.10. it appears from annexures 1 and 1/1 to the request ..... be deemed to be of the state of jharkhand with effect from such taking over.11. although the letter of intent was issued from the head office at patna and contract was entered into by the authorities of tvnl at patna but the entire work relating to transportation was executed within the state of jharkhand. clause 39 of the ..... contract contains the arbitration clause which reads as follow :'dispute relating to interpretation of condition : in case, any dispute or difference arise between the contractor and the general manager-cum-chief .....

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Dec 09 2003 (HC)

Bhupinder Engineering and Construction Pvt. Ltd. Vs. State of Jharkhan ...

Court : Jharkhand

Reported in : III(2004)BC107; 2004(1)BLJR237; 2004(1)CTLJ450(Jhar); [2004(1)JCR294(Jhr)]

..... the different departments maybe there in the said committee for assistance.10. on the whole, i am satisfied that the decision making process in awarding the contract in question regarding package no. 3 to respondent no. 6 was not fair, bona fide and transparent. this court cannot put its seal of approval ..... ltd. (air 1996 sc 51) it was held that court cannot act as an appellate authority and examine the details of the terms of the contract, but at the same time the court can certainly examine whether the decision making process was reasonable, rational, not arbitrary and violative of article 14 ..... rule of transparency and fairness and provide room for manipulation to suit the whims of the state agencies in picking and choosing a bidder for awarding contracts as in the case of distributingbounty or charity. in our view, such approach should always be avoided. where power to relax or waive a rule ..... more than 20 crores.4. the petitioner's contention is that the totality of the circumstances clearly establishes that the government has shown favour in awarding contract to respondent no. 6.5. the stand of the state as placed by learned advocate general is as follows. the petitioner was not the lowest ..... general appearing for the state and mr. m.k. roy, learned counsel appearing for respondent no. 6.2. whether the decision making process in awarding contract of package no. 3 in tender notice no. 1/2003-04 is fair and bonafide, is the question.3. learned counsel for the petitioner placed the .....

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Jul 08 2002 (HC)

Essem Transport and Contractors Pvt. Ltd. Vs. Central Coal Fields Ltd. ...

Court : Jharkhand

Reported in : AIR2003Jhar13; 2003(1)ARBLR472(Jhar)

..... 14 of the constitution strikes at arbitrariness and against any unreasonable action on the part of the state. by forcing the appellant to execute the contract of transportation on the rates that it had offered at a point of time six months before the issuance of the letter of intent was indeed ..... to any such act on the part of the appellant. the appellant in the present case derives his right through condition no 17 of the contract whereby it was clearly understood by the parties that the rates offered by the appellant would be valid for three months initially and six months ..... rates structure as on the date of submission of the tenders. various elements and components constitute the basis of the offer with respect to a transportation contract. with the passage of time, these elements and components tend to fluctuate. the fluctuation of the rates thus being variable, it is with a view ..... forfeited, penalty to the extent of rs. 2.81 lakhs was sought to be recovered and the appellant was black-listed for any future transportation contract for next three years. the appellant challenged this order by filing the writ application. even though the learned single judge set aside that part of ..... 3. on the 10th september, 1999 central coal fields ltd., darbhanga house, ranchi issued a notice inviting tender (nit) with respect to the 'rate contract' for transportation of coal and washery products. the nit contained various terms and conditions but in this case we are concerned with condition no. 8.0 .....

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Apr 29 2005 (HC)

Giriraj Prasad Agrawal and ors. Vs. Parwati Devi and ors. and

Court : Jharkhand

Reported in : III(2005)ACC559; 2005ACJ1626; 2005(2)BLJR1446; [2005(2)JCR523(Jhr)]

..... may proceed against the insured. as far as third party risk is concerned, the liabilities being statutory, it cannot be overridden by terms of the contract of insurance between the parties.33. i, therefore, hold that the decision of the learned single judge in oriental insurance company ltd. v. jashmani ..... considering the provision of section 123 of the act held as under :'3. the insurance policy between the insurer and the insured represents in contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, ..... against the insured. as far as third party risk is concerned, the liabilities being statutory, it cannot be overridden by terms of the contract of insurance between the parties.26. learned counsels appearing for the insurance company put heavy reliance on the provisions of section 123 of the m ..... legislature was also faced with another problem. the insurance policy might provide for liability walled in or 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 ..... the law is well settled that the right of third party to get compensation from the insurer being a statutory one is independent of the contracted rights and obligations between the insurer and the insured. therefore even non-disclosure or concealment of material facts by the insured at the time .....

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Sep 05 2007 (HC)

Tata Iron and Steel Co. Ltd. Vs. the State of Bihar,

Court : Jharkhand

Reported in : [2008(1)JCR281(Jhr)]

..... lease agreement.(i) : air2000sc2436 (20th century finance corporation ltd. v. state of maharastra) (para 12)it is well settled principle of interpretation of contracts that the contract must be construed as a whole. when and where such a deemed sale, under sub-clause (d) takes place is a question of fact which ..... giving its own interpretation and modifying the tone and tenor of the terms of conditions cannot be construed to be in accordance with law. when the contract is reduced in writing, the calculation of interest will be governed by the express words used therein. the omission of the words 'per annum' ..... is any doubt to correctly ascertain the true meaning of the words, it is legitimate to have regard to the circumstances surrounding the creation of the contract.8. in the light of the above guidelines, let us now deal with the merits of the first point and find out the true meaning ..... has to be decided on the facts and circumstances of each case, including the terms and conditions of the contract evidencing the transaction.(ii) : [1974]1scr535 (delhi devpt. authority v. durga chand)(para 19 and 21)there the first general rule of interpretation formulated ..... vii) of clause i of appendix xiii.(iv) : [1989]2scr401 (provash chandra dalui v. biswanath banerjee)in construing a contract the court must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. if the words are clear, .....

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