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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kerala Year: 1988 Page 1 of about 20 results (0.015 seconds)

Mar 29 1988 (HC)

K.R. Visalakshi and ors. Vs. Pookodan Hamza and ors.

Court : Kerala

Decided on : Mar-29-1988

Reported in : I(1989)ACC30; AIR1989Ker192

..... air 1979 cal 152) and differed from that view for the following reasons :'it is a well settled principle of law that insurance is an indemnity contract and unless the owner is made liable, there is no liability on the insurer to indemnify the owner. hence it would not be correct to ..... the tribunal in those claim petitions.11. the finding of the tribunal in m.a.c. no. 170/82 was that the driver of the contract carriage alone was negligent. there is considerable force in the submission urged by the appellants that the tribunal should have considered all the claim petitions ..... avoidable anomaly.4. counsel for the respondents in this appeal objected to the entertainability of a joint appeal by the owner and insurer of the contract carriage. we submitted that the owner, who has not been made liable to any amount as compensation, has not suffered any legal grievance and ..... and negligence of both the drivers. consequently, the tribunal awarded recovery of the entire amount of compensation from the owner, driver and insurer of the contract carriage, whereas in the other four claims, the tribunal directed recovery of 50% of the amount of compensation alone from them, directing the other 50 ..... filed by the persons who were injured in an accident involving stage carriage no. klh 8204 which was proceeding from vazhikadavu to trichur, and a contract carriage bus no. ket 1714 which was proceeding from trichur to nadukani. the vehicles collided at a place called muppini in malappuram district on 1- .....

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Jul 15 1988 (HC)

Mathew Koshy Vs. the Oriental Insurance Co. Ltd.

Court : Kerala

Decided on : Jul-15-1988

Reported in : 2(1988)ACC504

..... of money in the event of his disablement or death by accident. it resembles life insurance and differs from other classes of insurance and it is not a contract of indemnity but a mere contract to pay a sum of money in a certain contingency. the appellant has no case that the, policy issued to him by the respondent is a personal accident ..... owner himself suffers an injury in an accident, he does not acquire any right to get compensation from the insurance company under the policy issued by the respondent is a contract of indemnity to satisfy the conditions laid down under section 95 of the act. the ingredients of the law of insurance are nowhere provided in the special statute. necessarily therefore the ..... to failure to perform a legal obligation.8. for other reasons also the claim put forward by the appellant is not sustainable. a contract of insurance in the widest sense of the term may be defined as a contract whereby one person called the 'insurer' undertakes in return for the agreed consideration called the 'premium' to pay to another person called the .....

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Jul 15 1988 (HC)

Mathew Koshy Vs. Oriental Insurance Company Limited

Court : Kerala

Decided on : Jul-15-1988

Reported in : 1(1989)ACC440

..... of money in the event of his disablement or death by accident. it resembles life insurance and differs from other classes of insurance and it is not a contract of indemnity but a mere contract to pay a sum of money in a certain contingency. the appellant has no case that the policy issued to him by the respondent is a personal accident ..... an accident, he does not acquire any right to get compensation from the insurance company under the policy issued to him. the insurance policy issued by the respondent is a contract of indemnity to satisfy the conditions laid down under section 95 of the act. the ingredients of the law of insurance are nowhere provided in the special statute. necessarily, therefore, the ..... to failure to perform a legal obligation.11. for other reasons also the claim put forward by the appellant is not sustainable. a contract of insurance in the widest sense of the term may be defined as a contract whereby one person called the 'insurer' under takes in return for the agreed consideration called the 'premium' to pay to another person called .....

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Dec 21 1988 (HC)

United India Insurance Co. Ltd. Vs. Vasudevan and ors.

Court : Kerala

Decided on : Dec-21-1988

Reported in : AIR1989Ker140; [1989]65CompCas680(Ker); (1989)IILLJ220Ker

..... act.14. the division bench, in parameswari amma's case, ilr (1976) 1 ker 237, while stating that there may be scope for indemnity because of the contract of the insurance, observed that any adjudication on that question is not within the province of the workmen's compensation commissioner. the court, however, ..... insolvent or the winding up of a company had commenced, all the rights and remedies of such person enforceable against a third party under a contract stand transferred to and vest in the official receiver or official liquidator as the case may be. but in the interest of the workman and ..... under this act' section 14 of the act provides as under :'14. insolvency of employer : (1) where any employer has entered into a contract with any insurers in respect of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a ..... identical provision in the workmen's compensation act should be read as providing immunity in favour of the insurer in spite of the terms of the contract of insurance.'the objection to the judisdiction was not however, considered on merits in that case. in national insurance co. v. narayanan nair, ( ..... does not appear to operate as a prohibition against any proceedings before the workmen's compensation commissioner involving the insurer who is liable under a contract of insurance to discharge the liability of the employer to compensate the workmen; according to the provisions of the workmen's compensation act. the .....

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Dec 09 1988 (HC)

Canara Bank Vs. Gokuldas Shenoy and anr.

Court : Kerala

Decided on : Dec-09-1988

Reported in : [1991]72CompCas298(Ker)

..... . article 55 of the schedule to the limitation act, 1963, corresponds to article 115 of the schedule to the 1908 act.17. under section 126 of the contract act, a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default and, therefore, the cause of action against the guarantor can ..... more tacit consideration. the courts may have to strike a balance in express terms between community interests and sectional interests. so, here we are concerned with the general freedom of contract which everyone possesses as against the principle that this freedom shall not be used to subject a class to the harassment of suits without valid or reasonable grounds. though there ..... is no substancein the contention of the second defendant that the compromise between the plaintiff and the first defendant would discharge him from the liability under section 134 of the contract act. the decree passed against defendant no, 1 made a charge on a schedule machinery hypothecated by the first defendant in regard to relief. the compromise effected did not seek ..... both the buyer and the seller (lender and loanee) actual users, are under the jurisdiction of the same sponsoring authority. 370. where the respective sponsoring authorities are different, but the contracting actual users are situated in the same state or union territory, the (state) directors of industries may grant the permission in writing for transfer/loan of the imported material and .....

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Sep 20 1988 (HC)

State of Kerala and anr. Vs. C. Abraham and anr.

Court : Kerala

Decided on : Sep-20-1988

Reported in : AIR1989Ker61

..... goods), the relevant clause, clause 9, was as follows : --'all other terms and conditions for supply not specifically shown and covered hereinabove shall be as per previous contract signed between us for earlier supplies....'this clause was construed as not taking in the arbitration clause of the previous agreement. the supreme court observed :'when the incorporation clause ..... aspect has greater significance in understanding the idea underlying the invocation of an arbitration clause by reference.19. there have been large number of cases arising in the building contracts, where arbitration had been found to be advantageous due to very many reasons. one such important matter is the competence of the engineers/arbitrators to invoke their personal ..... bestowed on very many matters of details connected with construction works. alien patterns (such as are discernible on a comparative study of cognate provisions in standard texts on building contracts) and indigenous experience have usefully contributed to the formulations of those provisions. this was adopted by the state of kerala, on the formation of the new state.15. ..... 2. the heart of the matter is about the existence of an arbitration arrangement between the state and the contractors. essentially, the answer depends upon the construction of the contract in the light of the legal principles.3. this court has rendered reported decisions, two on similar but slightly different factual situations, and one, on absolutely similar facts. .....

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Sep 27 1988 (HC)

K.S. Abraham Vs. Mrs. Chandy Rosamma and ors.

Court : Kerala

Decided on : Sep-27-1988

Reported in : AIR1989Ker167

..... the execution of the sale deed. until that event happens the agreement cannot be enforced and the agreement has therefore become void and there is no contract which can be made the basis of a decree for specific performance'.5. going by the above statements in the written statement it cannot be said ..... contract and stranger of the contract, very widely. the question whether the suit is for specific performance or otherwise, is unnecessary to be considered to decide the issue ..... aspect, the full bench, in my judgment, has stated the principle that the scope of a suit for specific performance of a contract for sale ought not to be enlarged and the suit turned also into a title suit between one of either of the parties to the ..... not merely against a party to the contract but also against a person claiming under a title, which, though prior to the agreement and about which the plaintiff was aware of, ..... the specific relief act reads : --'except as otherwise provided by this chapter, specific performance of a contract may be enforced against- (a) & (b)..... (c) any person claiming under a title which,though prior to the contract and known tothe plaintiff might have been displaced bythe defendant;' under this section specific performance can be declared .....

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Feb 29 1988 (HC)

Raghavan Nair Vs. Deputy Director, Enforcement Directorate

Court : Kerala

Decided on : Feb-29-1988

Reported in : AIR1989Ker129; [1990]67CompCas341(Ker); 1988(17)ECC185; 1988(36)ELT427(Ker)

..... appellant was sufficiently satisfactory, the original or appellate authority could have agreed with the explanation of the appellant, that the amount mentioned in the contract represented the full amount payable by the foreign buyer in respect of the goods, subject to such deductions, if any, as may be allowed by the reserve bank of india ..... the explanation of the appellant was that' the higher price mentioned in the correspondence and cables was a fictitious amount and the real export proceeds were those mentioned in the contract pursuant to which the exports were effected. 7. there was, of course, a choice of two alternatives, before the original and the appellate authorities. if the explanation offered by the ..... of the goods, subject to such deductions if any, as may be allowed by thereserve bank of india. he submits, that the amount payable was the amount as per the contract and the higher amount disclosed by the correspondence and cables was only a fictitious amount. such higher amount not being 'payable', non-realisation of that amount or failure to take ..... the higher amounts fixed according to the correspondence and cables exchanged between the appellant and his commission agent in london. according to him, the real price was mentioned in the contract pursuant to which the goods were exported and which was lodged with the reserve bank of india. counsel submitted, that contravention of section 12(2) of the 1947 act will .....

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Apr 08 1988 (HC)

P.V. Chandran Vs. Malabar and Pioneer Hosiery P. Ltd. and anr.

Court : Kerala

Decided on : Apr-08-1988

Reported in : [1990]69CompCas164(Ker)

..... transfer signed by or on behalf of the transferor and by or on behalf of the transferee has been lost, the company may register thetransfer on such terms as to indemnity as the board may think fit: provided further that nothing in this section shall prejudice any power of the company to register as shareholder or debenture-holder any person to ..... 40 binds only a member of the company and not a proposed transferee. what he offers and proposes is to be a member of the company in terms of the contract of its incorporation and not in defiance thereof. 18. it may be true that the board of directors may state reasons in spite of the absolute and uncontrolled discretion to ..... unfettered discretion on the board of directors of the company not to state any reason at all for rejecting an application for transfer. that clause, which forms part of the contract of incorporation specifically provides that: 'in no case shall a shareholder or proposed transferee be entitled to require the directors to state the reason for the refusal to register, but ..... found that the company, being a private limited company, was a closed corporation and the transfer of shares of such a corporation was subject to the restrictions contained in the contract of incorporation, viz., the articles of association. the learned company judge also took the view that unless it was proved that the directors exercised the power to reject the applications .....

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Oct 14 1988 (HC)

Joseph Vs. Mathruboomi Printing and P. Co. Ltd.

Court : Kerala

Decided on : Oct-14-1988

Reported in : (1991)ILLJ359Ker

..... was, therefore, his rightful due and not something by way of gratis, an addition of a new condition is totally incompetent and unjust. viewed from the pure principles of pristine contract law, a detriment is imposed on the employee without any consideration, much less any adequate consideration. the situation would have been different, if a superior post, not claimable as ..... matter of contract, the latter one is of status unilaterally changeable at the desire of the state. the incorporation of a condition without either competence or unsupported by any consideration, is an inoperative ..... include the promotional avenues. there was no dispute that the workman, by virtue of his established seniority, was entitled to promotion. the general principle is that one party to the contract cannot unilaterally change it. as noted earlier, that is the essential distinction between an employment under a private employer, and the service under the state. the former is a ..... the decision of the supreme court. for the government servant, his engagement is a matter of status. his position under the government is not a matter exclusively of a private contract. his terms and conditions of service could be unilaterally altered, according to the desires and decisions of the employer- government. it is not so with a private employer. the .....

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