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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kerala Year: 2015 Page 2 of about 147 results (0.018 seconds)

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Apr 06 2015 (HC)

Maniyan Nadar Vs. Harikumar

Court : Kerala

Decided on : Apr-06-2015

..... trial court dismissed the suit finding that remedy available to the defendants was only to mitigate loss sustained by them by taking recourse to the indemnity clause in ext.a2 assignment deed and to proceed against the 3rd defendant for realising compensation. it was also found that by operation of ..... . nor can a person who lends money to such a minor, recover it. if allowed to do so, the court would be enforcing a contract of loan. the english decisions graphically describe this position as "restitution stops where repayment begins". ........" 15. it was also observed that by applying the ..... , the agreement is discovered to be void later. second one, the contract becomes void by subsequent happenings. the section is intended to prevent unjust enrichment. privy council in muralidhar chatterjee v. international film co. ltd. (air1943pc34 ..... law should be applied with utmost regard to the facts and circumstances in each case.11. the law stated in section 65 of the contract act is one touching the principle of restitution. the section visualises two contingencies. first one, after a benefit has been received by one party ..... sale consideration. shri k.b.pradeep further contended that it is not only inequitable, but also in contravention of the provisions in the indian contract act. in reply to this argument, shri g.s.reghunath, learned counsel for the plaintiff submitted that the minor at no point of time .....

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May 20 2015 (HC)

The Oriental Insurance Co.Ltd. Vs. Shobhana Omanakuttan

Court : Kerala

Decided on : May-20-2015

..... exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. (8) apportionment of liability in case of contributory negligence.-- (1) where any person suffers damage as the result partly of his own fault ..... , taking the probable income which he may have fetched if he was working in india during the relevant time.63. likelihood of termination of contract employment in gulf maca1075& 2974 of 2009 70 countries, therefore, looms large. but the background of the deceased will show that he had ..... in the responsibility for the damages: provided that -- (a) this sub-section shall not operate to defeat any defence arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of maca1075& 2974 of 2009 48 damages recoverable ..... machindranath maca1075& 2974 of 2009 36 kernath ksar's case (supra) are the following: i) the insurance company will be liable under the contract of insurance to indemnify the owner; ii) the driver of the offending vehicle will be primarily liable and the owner will be vicariously liable; ..... apex court challenging the above direction. in paragraph 10, the apex court has made certain general observations. on the general principles available under the contract of insurance, it was held in that paragraph that "once the driver is liable, the owner of the vehicle becomes vicariously liable for payment .....

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Feb 26 2015 (HC)

R.Chandramohan Nair Vs. State of Kerala

Court : Kerala

Decided on : Feb-26-2015

..... of the property have been terminated due to the notification under the land acquisition act and therefore as already found by us, section 56 of the contract act will come into play. in that view of the matter, we find no reason to accept the argument of the learned counsel for the ..... amount which represents the converted form of property, his purchase money and earnest together with interest. it is in this sense that the buyer whose contract is now frustrated appears to have a claim or share in the compensation which becomes payable to the owner of the property by reason of the ..... the agreement holders 41 to 51 except 47 (who has already obtained money through other proceedings), have not obtained any decree for specific performance of the contract and have not obtained title by registered documents also. the title in respect of such property remained with the company and the transferees from the company ..... another (2014 khc2488 is a judgment of a learned single judge of patna high court. the requirement to file a suit for specific performance of a contract in a similar context was specified. therein, the suit for declaration of title and possession was filed by the plaintiff. it was also held that ..... it only super-adds the sanction of the court to enforce it through the medium of court. as such the decree holder can enforce the said contract and get it enforced through court, subject to whatever interest the judgment debtor had at the time of execution. therefore, there can be no doubt .....

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