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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 1988 Page 1 of about 39 results (0.013 seconds)

Mar 04 1988 (HC)

Basha Baig Vs. Choodanath

Court : Karnataka

Decided on : Mar-04-1988

Reported in : ILR1988KAR1632

orderpatil, j.1. this revision filed under section 50 of the karnataka rent control act, 1961, hereinafter referred to as the act, is directed against the order of eviction dated 31-1-1983 passed by the 19th additional judge, court of small causes, bangalore city.2. premises bearing nos.1 & 2 situated at chinnappa garden, lalbagh road, bangalore, more particularly described in the schedule to the original petition is the subject of dispute. it belongs to the family of respondents-1, 2 & 3, who are related among themselves as full brothers. c.h. keerti sunder and c.h. lokanath are their other two brothers. when the family was still joint, keerti sunder, as karta of joint family, leased the said premises (open site) under a registered lease deed dated 20-9-1965 (ex.p-1) in favour of s.k. khader sheriff, original respondent-1, since deceased whose legal representatives have been arrayed as respondents in this revision, on a monthly rent of rs. 275/- for a period of five years commencing from 20-9-1965 for the purpose of running an automobile workshop and parking buses, the rent being payable on or before 10th of each following month. in terms of the lease, the lessee was permitted to take water and power connections, but in the name of the lessor and bear the charges himself. in terms of the lease, it was also agreed that the lessor shall apply for licence enabling the lessee to put up temporary structure, for the use for which the premises was let out, at the cost of the lessee .....

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Nov 23 1988 (HC)

The Oriental Insurance Company Ltd. Vs. Folix Correa and ors.

Court : Karnataka

Decided on : Nov-23-1988

Reported in : 1(1989)ACC465

..... makes a provision for indemnifying cases involving third parties in accidents and for satisfaction of claims arising therefrom in favour of the party affected rather than to absolve the insurance indemnity.19. the learned counsel appearing for the appellant took us through the decision of a learned single judge of the madras high court in the case of v.s. ramani ..... is learning and is not having sufficient experience. the company therefore in his opinion was right in excluding the person whose learner's license had expired from the scope of indemnity. we are not persuaded to agree with this view of the learned judge in preference to the majority of the decisions referred to above. it is worthy to note that ..... upheld.15. generally stated, such clauses of the policy should receive the interpretation consistent with the intent of the parties to the contract and also to further the objects of the statute. this should particularly be so when contracts are in printed form and issued in usual course. if we were to go by the terms of section 96(2)(b)(ii .....

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Nov 23 1988 (HC)

Oriental Insurance Co. Ltd Vs. Felix Correa

Court : Karnataka

Decided on : Nov-23-1988

Reported in : ILR1989KAR441; 1989(1)KarLJ490

..... makes a provision for indemnifying cases involving third parties in accidents and for satisfaction of claims arising therefrom in favour of the party affected rather than to absolve the insurance indemnity.'19. the learned counsel appearing for the appellant took us through the decision of a learned single judge of the madras high court in the case of v.s. ramani ..... is learning and is not having sufficient experience. the company therefore in his opinion was right in excluding the person whose learner's license had expired from the scope of indemnity. we are not persuaded to agree with this view of the learned judge in preference to the majority of the decisions referred to above. it is worthy to note that ..... upheld.15. generally stated, such clauses of the policy should receive the interpretation consistent with the intent of the parties to the contract and also to further the objects of the statute. this should particularly be so when contracts are in printed form and issued in usual course. if we were to go by the terms of section 96(2)(b)(ii .....

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Aug 23 1988 (HC)

Life Insurance Corporation of India Vs. Smt. B. Kusua Rai

Court : Karnataka

Decided on : Aug-23-1988

Reported in : [1992]75CompCas712(Kar); 1989(1)KarLJ52

..... law of insurance. 40. this section eliminates the distinction created by the doctrine of warranty under the english common law. the insurer cannot avoid the consequence of an insurance contract by simply showing inaccuracy or falsity of statement. burden is cast on the insurer to show that the statement was on a material matter, or that facts have been suppressed ..... appropriate to refer to the undisputed facts, facts proved by the evidence adduced by the plaintiff and defendant without challenge from the other side, the nature and characteristics of the contract of insurance with special reference to life insurance, and the legal position with regard to the conditions to be fulfilled by the insurer to successfully repudiate the claim or liability ..... defendant 4. whether the defendant had conducted investigation subsequent to the death of the policy holder and the investigation revealed facts which entitled the defendant to repudiate the policy of contract 5. whether the deceased, b.s. thimmappa rai, was suffering from bronchial and cardiac asthma during and since 1986 and whether on account of this, he was unable to ..... the defendant contended that it was entitled to repudiate the policy. 8. the trial court, on the basis of the pleadings, framed the following issues for trial : 1. whether the contract of insurance relating to policy no. s. 39675124 is vitiated by fraud, suppression of material facts and wanting in uberrimae fides 2. whether the defendant is entitled to repudiate the .....

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Feb 24 1988 (HC)

Kenchawwa Vs. Amagonda

Court : Karnataka

Decided on : Feb-24-1988

Reported in : ILR1988KAR1185; 1988(1)KarLJ530

..... indian limitation act. in our opinion, the proposition contended for by mr.naunit la! must be accepted as correct. it is well established that a contract or other transaction induced or tainted by fraud is not void, but only voidable at the option of the party defrauded. until it is avoided, the ..... his possession is protected by any other law in force. this position does not admit of any doubt.13. in the 10th edition of indian contract and specific relief acts, edited by jeevan lal kapur, a former judge of the supreme court, it has been observed thus:'fraud is committed wherever ..... 17 and 18 of the indian contract act.12. when the plaintiff makes out a case of fraud and misrepresentation then the document in question itself is void and assuming that defendant ..... word fraud is statutory defined under section 17 of the indian contract act and in our view the pleadings of the plaintiff come squarely within the meaning of fraud and misrepresentation as defined under the provisions of sections ..... had only to ask for the setting aside of the order.'in this decision also the effect of fraud as defined in section 17 of the indian contract act did not come up for consideration. here, the cause of action for the plaintiff is based on fraud and misrepresentation. the meaning of the .....

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Jul 13 1988 (HC)

City Municipal Council Vs. C. Ramu

Court : Karnataka

Decided on : Jul-13-1988

Reported in : ILR1989KAR2138

..... of the correctness of the details of quantities of the forest produce was given. therefore, the bidders were advised to inspect on the spot, the contract area and the produce they intended to bid with a view to satisfy themselves about its correctness. in view of this, the clause further provided ..... also be considered to be conclusive. therefore, certain observations made in the judgment of the previous suit relating to violation of the terms of the contract cannot be held to be conclusive. however, sri gundu rao, learned counsel for the plaintiff has placed reliance on explanation viii to section 11 of ..... decreed as prayed for.41.1. the contention of sri gundu rao, learned counsel for the plaintiff is that the aforesaid suit related to the very contract-ext. p-2 between the parties; therefore the decree passed therein operates as res judicata. on the contrary sri papanna, learned counsel for the defendant ..... recorded in o.s.no. 83 of 1972 on the file of the additional munsiff, mysore, between the parties in respect of the very contract in question and in which a decree for permanent injunction was passed restraining the defendant-municipal council or its agents or servants interfering with the ..... proves that the acts of omissions and commissions attributed to the defendant are acts done by the defendant in violation of the terms of the contract?(7) whether the plaintiff has sustained any loss owing to the acts of commission and omissions attributed to the defendant. if so what is .....

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Mar 14 1988 (HC)

Mrs. Sushila A. Dass Vs. Mrs. Mary Boiger

Court : Karnataka

Decided on : Mar-14-1988

Reported in : ILR1988KAR1413; 1988(1)KarLJ563

..... do not think so. the amendment was effected not with a view to take away the jurisdiction of the civil court to grant specific performance of contract of sale of agricultural land, but to enlarge the area of jurisdiction of the authorities concerned for impeaching the transaction entered into in violation of the ..... number of cases and this court has consistently taken the view that there is no bar for the civil court to grant the specific performance of contract of sale of agricultural land notwithstanding the provisions of section 80(b) of the k.l.r. act. mr. john d'souza submitted that ..... case there would necessarily be an illegal acquisition to which section 35 refers. the agreement would fall within the third paragraph of section 23 of the contract act only if it was possible to say that such illegal acquisition was the inevitable and necessary consequence of the performance of the agreement. if, ..... by disobedience to the law is equally possible. if that be the true position, the suit agreement does not fall within the 23rd section of the contract act and cannot, therefore, be pronounced void.'the division bench further observed as :-'in the view that we should in my opinion take, it follows ..... the judgment and decree of the trial court in o.s. no. 216/85 decreeing the suit of the plaintiff for specific performance of the contract entered into between the parties in respect of the sale of land measuring about 12 acres situate in kogilu village, yelahanka hobli, bangalore north taluk.2 .....

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Nov 02 1988 (HC)

A. Gopal Naidu Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Nov-02-1988

Reported in : [1989(59)FLR16]; 1989(1)KarLJ189; (1995)IIILLJ692Kant

..... :'35. saving of certain rights and privileges. - nothing in this act shall affect any rights or privileges which an employee in any establishment is entitled to under any other law, contract, custom or usage, applicable to such establishment, or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more ..... subject, in any case, to the maximum of six months pay'section 39(7) provides that:'if under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits than are provided in sub-section (1) or sub-section (3), the provisions .....

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Nov 02 1988 (HC)

A. Gopal Naidu Vs. State of Karnataka

Court : Karnataka

Decided on : Nov-02-1988

Reported in : ILR1989KAR1394

..... under:'saving of certain rights and privileges: nothing in this act shall affect any rights or privileges which an employee in any establishment is entitled to under any other law, contract, custom or usage, applicable to such establishment, or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more ..... , in any case to the maximum of six month's pay.'section 39(7) provides that:'if under any other law or under the terms of an award, agreement or contract of service, any employee is entitled to a longer period of notice or to more favourable benefits than are provided in sub-section (1) or sub-section (3) the provisions .....

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Jan 27 1988 (HC)

Jayanna Vs. Assistant Regional Transport Officer

Court : Karnataka

Decided on : Jan-27-1988

Reported in : ILR1988KAR2402

..... concerned with section 3(2) of the act. therefore, unless there is an entry in part a of the schedule covering unauthorised use of the vehicle as contract carnage, the tax can not at all be demanded. this is exactly the ratio of the decision in m. narasimhaiah's case, ilr 1988 kar 565. ..... as omni-bus.9. therefore, the question for consideration is when undisputedly the vehicles are registered as omni bus but used as contract carriage thereby attracting the provisions contained in section 8 of the act, whether the additional tax in conformity with the use of the vehicle, is liable to ..... me that from 1-2-1980 to 30-11-1984, the period for which the balance of the tax is demanded, the vehicles were used as contract carriages and the petitioners were the registered owners of the vehicles. nevertheless the vehicles continued to be registered as omni bus. the vehicle tax was paid ..... for the remaining period at the rate of rs. 234/- per seat per quarter as per entry in the relevant schedule to the act pertaining to contract carriage. the second respondent has also further held that these cases squarely fall under the rule laid down by a division bench of this court in noorulla ..... in a sum of rs. 1,10,891/- in respect of use of each of vehicles bearing registration nos.meq 5859 and meq 5850 respectively as a contract carriage, though registered as omnibus. the amount demanded in each one of these cases is the balance found due after deducting the amounts already paid in a .....

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