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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 2015 Page 3 of about 44 results (0.011 seconds)

Jan 28 2015 (HC)

The Chief Officer Vs. Smt Gunasundarammanni

Court : Karnataka

Decided on : Jan-28-2015

..... (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short rules , by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 10 w.p.26755/2012 & w.p.40708/2012 4 .....

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Mar 24 2015 (HC)

V.P. Venkatesh Vs. G. Padmavathi

Court : Karnataka

Decided on : Mar-24-2015

..... therefore, time/period prescribed cannot be ignored. (ii) courts will apply greater scrutiny and strictness when considering whether the purchaser was ??ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits stipulated in the agreement. courts ..... such hardship. since the defendant had stoically denied the very execution of the agreement of sale, the question of the defendant pleading or establishing hardship in the performance of the contract could not have been assumed by the court below. the learned counsel would also point out that when a substantial part of the price has been paid under the agreement ..... the premises and complete the sale transaction, could not be attributed to the plaintiff as having not indicated that he was ready and willing to perform his part of the contract. this reasoning of the court below cannot be sustained as it is wholly inconsistent with the actual circumstances. further, the trial court having held that the plaintiff was not entitled ..... counsel for the appellant and the learned counsel for the respondent. 2. the appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. it was stated that the defendant was the absolute owner of a property bearing no.10/6, 6th main, magadi road chord road, corporation division no. 29, govindarajanagar, bangalore ?? 560 .....

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Aug 21 2015 (HC)

Bajaj Allianz General Insurance Co. Ltd. Vs. Suma M. Hegde and Others

Court : Karnataka

Decided on : Aug-21-2015

..... the road traffic accident. the least that can be done is to compensate the claimants - legal representatives with adequate compensation in accordance with law to mitigate the loss. 16. the contract is between the insurer and the insured. insurer is entitled to plead that he be absolved from the liability in such contingencies which are enumerated in section 149(2) of ..... has not been issued by them. the photo copy of the said licence and the endorsement, its translated copy, along with other documents are produced. thus there is breach of contract by the insured, as he has entrusted the vehicle to the person, who was not duly licenced to drive the vehicle and had a fake licence." in the further examination ..... victim who died in the accident which occurred when the offending car dashed against the motor cycle which the victim was riding. thus, the claimants are third parties to the contract between the insurer and the insured. initially, the insurer contested the claim by filing statement of objections dated 18.6.2009 by making omnibus denials and putting the claimants to ..... :- "it is humbly submitted that the ii respondent has knowingly entrusted the vehicle to the driver who only fake license to drive the vehicle and thereby he has breached the contract as he suppressed the facts and has not intimated the particulars, immediately after the alleged accident to the i respondent. hence, the petition against the i respondent does not survive .....

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Jan 05 2015 (HC)

National Insurance Company Limited, Hubli and Others Vs. Gangadhar and ...

Court : Karnataka Dharwad

Decided on : Jan-05-2015

..... questions framed for consideration in this judgment are no longer res integra. in that, in both instances there is a breach of condition of the contract of insurance and the insurance company may not be liable to satisfy the decree. but it does not mean that it did not have the ..... cannot be said that a person holding a leaners licence is not entitled to drive the vehicle. even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learners licence, the same would run counter to the provisions of section ..... noticed hereinbefore, is whether the insurer must prove that the owner was guilty of the wilful breach of the conditions of the insurance policy or the contract of insurance. in lehrus case (supra), the matter has been considered at some details. we are in general agreement with the approach of the ..... 1939. furthermore, it is one thing to say that the insurer will be entitled to avoid its liability owing to breach of terms of a contract of insurance but it is another thing to say that the vehicle is not insured at all. if the submission of the learned counsel for the ..... or library vans. (ix) mobile workshops. (x) mobile canteens. (xi) private service vehicle. (xii) public service vehicle such as maxi cab, motor cab, stage carriage and contract carriage including tourist vehicles. (xiii) educational institution buses. (xiv) ambulances. (xv) animal ambulances. (xvi) camper vans or trailers. (xvii) cash vans. (xviii) fire tenders, .....

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Sep 11 2015 (HC)

The Bank of New York Mellon, London Branch, By its Constituted Attorne ...

Court : Karnataka

Decided on : Sep-11-2015

..... bonds and to enforce the provisions of the trust deed or the conditions. 23. in the case of swastik gases (supra) part of the contract was performed both at kolkatta and jaipur and parties had agreed to the jurisdiction of kolkatta court to entertain all cases arising out of any dispute ..... ltd (2013) 9 scc 32, wherein the issue was with regard to invoking of jurisdiction in jaipur court, where a part of the contract had been performed by the parties in jaipur and also in kolkata, but the agreement provided that the kolkata court would have jurisdiction to entertain all ..... the companies act, 1956, subject to the petitioner satisfying that there has been an adjudication and findings on the assertions as to the breach of contract, the liability thereof and the inability on the part of the respondent to pay its debts, with reference to english law, by a competent court ..... the petition, the learned single judge had framed four points for consideration, which are as follows: i. what is the nature of the contract between the parties? ii. whether the petitioner, having chosen to confer exclusive jurisdiction on the english courts and having intended the application of the english ..... seeking to invoke the jurisdiction of this court? iii. whether the petitioner has demonstrated that after the default, by the respondent under the contract, the conditions under the contract have been satisfied to enable the petitioner to prefer this petition? iv. whether the respondent is to be ordered to be wound up? .....

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Apr 09 2015 (HC)

Shamsundar L. Asrani and Others Vs. Shankha Brita Das and Others

Court : Karnataka

Decided on : Apr-09-2015

(prayer: this regular first appeal filed under section 96 of the code of civil procedure, 1908, against the judgment and decree dated 17.4.2009 passed in o.s.no.1758/2003 on the file of the ix additional city civil and sessions judge, bangalore, dismissing the suit for declaration, mandatory and perpetual injunction.) 1. this appeal was originally filed by plaintiff nos. 4 and 6. during the pendency of this appeal defendant no.5 , who had supported the case of the plaintiffs before the trial court, has transposed himself as appellant no.3, at his instance, by virtue of an order of this court, dated 8.12.2009. 2. the facts of the case as stated by the plaintiffs was that in the year 1965, shri a.c. bhakthi vedanta swami prabhupada, (hereinafter referred to as 'shri prabhupada', for brevity ) had travelled to the united states of america , when he was aged 70, and within a year he is said to have established the international society for krishna consciousness ( isckon) at new york. the object of iskcon was to spread and propagate the krishna consciousness movement ( hereinafter referred to as the 'movement', for brevity). within a few years, the movement is said to have spread to many countries of the world. it is stated that shri prabhupada established temples in mumbai initially and later in other cities and towns in india, to initiate the movement in india. in the year 1971, the international society for krishna consciousness, (iskcon), mumbai, was said to have been .....

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Sep 10 2015 (HC)

Mr Arjun M Menda Vs. Smt Narasamma

Court : Karnataka

Decided on : Sep-10-2015

..... of saradamani kandappan v. s.rajalakshmi , air2011sc3234 27. a correct perspective relating to the question whether time is not of the essence of the contract in contracts relating to immovable property, is given by this court in k.s. vidyanandam and others vs. vairavan- (1997) 3 scc140 (by jeevan ..... appellant would contend that the law does contemplate an agreement to lease in contrast to an agreement of lease, as a valid and enforceable contract. such a contract was indeed to be found in the letter dated 4.11.1980, addressed to the appellant by defendant nos. 1 & 2. ..... ignored. (ii) courts will apply greater scrutiny and strictness when considering whether the purchaser was ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time ..... for necessary permission from income tax authorities only in the year 1987 and the permission sought for had been rejected. in the circumstances, the contract had become impossible of performance. further, the required permission of the urban land ceiling authority had also not been obtained. thus, it was ..... that such evidence is inadmissible. (see: gurubasappa and others vs. gurulingappa air1962kant246) it is hence contended that the suit be decreed for specific performance of contract. 23 11. per contra, shri b. v. acharya, senior advocate, appearing for the learned counsel for defendant nos. 1 & 2 would contend that .....

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Jun 09 2015 (HC)

Vasantha C Kerur Vs. B Basavaraj

Court : Karnataka

Decided on : Jun-09-2015

..... the ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005*, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson .....

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Jun 08 2015 (HC)

Vijay Kumar Y. Khanapur Vs. The State of Karnataka, By Lokayukta Polic ...

Court : Karnataka

Decided on : Jun-08-2015

..... of the roads leading to land in sy.no.26 of malligenahalli village with the estimated cost of rs.60,000/-. both the works were given to the complainant on contract basis for an amount of rs.59,940/- and rs.59,985/- respectively. work order was also issued in this regard and the complainant has also entered into an agreement ..... to differ with the finding recorded by the trial court on the validity of the sanction order at ex.p32. 13. now coming to the merits of the case, two contract works for the improvement of roads as mentioned in the complaint were entrusted to the complainant and it is also an 15 undisputed fact that part of the amount out .....

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Apr 13 2015 (HC)

S K Gangadhara Vs. Ramachandra

Court : Karnataka

Decided on : Apr-13-2015

..... under the attachment. (2) nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such 7 transfer or delivery entered into and registered before the attachment. 8. sub-section (2) to section 64 noticed above would indicate that what is of importance is ..... as to whether the sale was pursuant to the contract which was entered prior to the order of attachment. in the instant case, there is no dispute to the fact that the order of attachment was passed on 02.07 ..... the fact is also that he had executed a registered agreement of 20 sale prior to the order of attachment before judgment and the sale was as per the earlier contract as he was bound to honour the same. the question that would therefore arise is also as to whether the transferee had knowledge of the attachment as on the date .....

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