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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 1969 Page 1 of about 11 results (0.048 seconds)

Nov 03 1969 (HC)

Mangilal Vs. Parasram and ors.

Court : Madhya Pradesh

Decided on : Nov-03-1969

Reported in : AIR1971MP5; 1970MPLJ1

..... liable to pay damages to a third party. if the insured is liable, then that liability has to be discharged by the insurer under the contract of indemnity, and the insurer cannot be heard to say that becauseof the breach of any terms of the policy of insurance the policy has become unenforceable. ..... was no negligence on the part of the insured, to show that the insured incurred no liability so that the insurer's liability under the contract of indemnity does not arise. the insurer is entitled to raise all such pleas in defence as the insured can take to show that he (the insured ..... matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable ..... an accident. this is and has always been undoubted law. it is stated in 32 halsbury (simonds) 354:-- ' 'in its main features a contract of motor insurance is a contract of indemnity : british cash and parcel conveyors ltd. v. lamson store service co. ltd., 1908-1 kb 1006 at page 1014; weld blundell v. stephens ..... or injury caused to third parties or for damage to their property. 8. regarding the third species of protection, the insurance policy is a contract of indemnity under which the insurer agrees to reimburse the assured to the extent of the amount of damages which the latter may become liable to pay for .....

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Apr 29 1969 (HC)

Mishra Bandhu Karyalaya and ors. Vs. Shivratanlal Koshal

Court : Madhya Pradesh

Decided on : Apr-29-1969

Reported in : AIR1970MP261

..... is justified is one of fact dependent upon the nature of the default and the circumstances in which it was made. 42. it must be observed, however, that a contract cannot be terminated unilaterally. therefore, if one party commits a breach sufficiently serious to constitute a discharge, this does not automatically abrogate the mutual obligations, but merely gives the ..... or anybody else including shri maniram have absolutely no right of publication and sale of books concerned.' 35. in other words, although the defendants were in breach of the contract, they signified their unwillingness to accept its rescission, wrongfully asserted a title to the copyright in themselves which was adverse to that of the plaintiff and thereafter admittedly continued the ..... in accord with these findings reached by the learned judge for the reasons advanced and would, therefore, hold that there was no breach of clauses 4 and 6 of the contract by the plaintiff. on the contrary, agreeing withthe learned judge, we would further hold that the defendants themselves had committed breach of the various covenants contained therein, particularly ..... defendant no. 1 m/s. mishrabandhu karyalava. (after considering the evidence, the court held that the agreement dated 13th march 1952 (ex. p-5) truly represented a concluded contract between the parties.) 21. coming to the third contentionraised by the learned counsel, we are satisfied that it is wholly devoid of substance. in dealing with arrangements between authors and .....

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Oct 04 1969 (HC)

Jaykumar JaIn and ors. Vs. Om Prakash and anr.

Court : Madhya Pradesh

Decided on : Oct-04-1969

Reported in : AIR1970MP119; 1969MPLJ931

..... of rs. 10,101/- as liquidated damages by the party in breach, but that clause was struck out at the time of execution of the contract. instead, the following clause now finds embodied therein:--'7. both parties will pay the damage to each other if they fail to fulfil the conditions ..... cannot be upset because the arbitrator has merely directed what, according to the learned counsel, was only a legal consequence that arose from the plaintiffs' breach of the contract. reliance is placed upon rustomji v. manmal, 1963 mplj 284 = (air 1964 madh pra 15); smt. santa sila devi v. dhirendra nath sen, (1964 ..... earnest money are well known. earnest money, although taken as part payment of the consideration, is also a guarantee for the due performance of the contract. as their lordships of the privy council had stated in chiranjit singh v. har swarup: air 1926 pc 1--'earnest money is part of the ..... for that direction was for their benefit. they have not availed of that direction because they do not want to specifically enforce their rights under the contract. their grievance only lies against the order which refuses to set aside the award in so far as it directs a forfeiture of the amount of ..... dated 31st july 1965. the reference to arbitration required the arbitrator to determine two questions: firstly, which of the parties had committed a breach of the contract, and, secondly, what were the damages payable to the injured party by the party responsible for the breach.3. by an award dated 30th november .....

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Oct 10 1969 (HC)

Pandit Ramjilal Tiwari Vs. Shri Vijai Kumar and ors.

Court : Madhya Pradesh

Decided on : Oct-10-1969

Reported in : 1970CriLJ1176; 1970MPLJ50

..... have needed or taken two large amounts, rs. 8,000/- on december 26, 1959 and rs. 7,000/- on january 16, 1960, in quick succession. he admitted having taken a contract worth rs. 30,000/- or rs. 35,000/- and requiring for payment to workers rs. 5,000/- or so every month. it is not, therefore, surprising that he raised these ..... . 5 approached ramdas p. w. 2 and remained content with asking him why he was trying to sell the house before the expiry of 3 years as provided by the contract. nay, on january 11, 1961, ramjilal d. w. 5 admittedly executed in favour of ramdas p. w. 2 two documents, exs. p-7 and p-8, which contra-indicate that ..... was, by agreement, a nominal transaction not intended to be acted upon and executed only to serve as collateral security for a loan. according to ramjilal d. w. 5, the contracts relating to the sale and the loan of rs. 7,000/- were settled in his own house with ramdas p. w. 2, when none else was present. on this point .....

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Jan 20 1969 (HC)

indermal Takaji Mahajan Vs. Ramprasad Gopilal and anr.

Court : Madhya Pradesh

Decided on : Jan-20-1969

Reported in : AIR1970MP40; 1969MPLJ442

..... ? sir frederickpollock thought that, in principle at least,it should be decisive. in his opinion thepromise might be good consideration, forit involved the promisor in two possibleactions for breach of contract instead ofone, and thus was a detriment within themeaning of the law.' (page 91) concluding the authors observe: 'it would seem, therefore, reasonable to accept the three cases in the ..... less valid because the performance will operate in discharge of an independent liability of the promisor toa third person under an independent contract already existing. this was the opinion of w. h. leake, a most accuratelawyer, and of prof. langdell of harvard.' (page 186-7)21. referring to the two cases, (1860) ..... why such a promise should not- be binding.'20. pollock has considered the question whether the promise in such a case is valid consideration in his treatise on principles of contract, tenth edition, at pages 183 to 187 and concluded: 'what is here mentioned is that a promise made for valuable consideration, andotherwise good as between the parties, isnot the ..... sale deed. continuing, indermal stated that it was in pursuance of this agreement that he (indermal) executed the promissory note without receiving any cash consideration and added that, before the contract for sale was made with bachhrai factories (private) limited, mohammad hussain had promised not to ask for more money but, at the time of execution of the sale deed, he .....

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Apr 21 1969 (HC)

Shaw Wallace and Co. Ltd. Vs. Central Government Industrial Tribunal-c ...

Court : Madhya Pradesh

Decided on : Apr-21-1969

Reported in : (1970)ILLJ710MP; 1969MPLJ699

..... led to the inevitable conclusion that if any employee had remained absent for eight consecutive days without leave, he would be deemed to have terminated his contract of service and thus relinquished or abandoned his employment. the second part, however, provided that the employee should be afforded an opportunity to furnish an ..... the agreed terms of the employment, then there is at once a wrongful dismissal and repudiation of the contract. i see no distinction in such a case as the present between repudiation by the defendants of their contractual obligations and 'a wrongful dismissal' in ..... servant or of non-vital provisions of the contract of employment. the question is ever one of degree. if the conduct of the employer amounts to a basic refusal to continue the servant on ..... or conduct to allow the servant to fulfil his contract or employment. the refusal must of course be substantial in the sense that it is not a mere repudiation of some minor rights of the ..... dismissal' of his servant, stating:the expression 'wrongful dismissal' in itself includes a repudiation by the master of the essential obligation laid on him by the contract. as observed by mccardie, j.:dismissal may be effected by conduct as well as words. a man may dismiss his servant if he refuses by word .....

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Jan 31 1969 (HC)

Suresh Seth Vs. the State and anr.

Court : Madhya Pradesh

Decided on : Jan-31-1969

Reported in : AIR1970MP154; 1969MPLJ327

singh, j.1. the petitioner by this petition under article 226 of the constitution seeks a writ in the nature of certiorari for quashing an order of the state government passed on 23rd april, 1968 under section 422 of the madhya pradesh municipal corporation act, 1956 superseding the municipal corporation indore for a period of one year with effect from 23rd april, 1968.2. the last elections to the corporation were held in february, 1965 in which the petitioner was elected as a councillor on the congress ticket for ward no. 31. had the corporation not been superseded, the petitioner and other councillors would have ordinarily continued in office till march, 1969.3. on 20th december, 1967 the state government proposed to supersede the corporation and issued a notice to it to show cause why an order retiring all the councillors and superseding it for one year should not be passed. the action proposed was based on the following three charges:'(1) that on 29-8-1967 the corporation was to take up no confidence motionagainst the mayor but the councillors created disturbance and pandemonium. police had to rush to the spot to restore order. the action of the councillors was not worthy of the office held by them and was not in the interest of the corporation;(2) that the corporation met frequently to pass the budget but instead of passing budget the councillors engaged themselves in acts of indiscipline as a result of which meetings were adjourned without transacting the business .....

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Dec 04 1969 (HC)

Commissioner of Income-tax, Nagpur and Bhandara, Nagpur Vs. Captain, H ...

Court : Madhya Pradesh

Decided on : Dec-04-1969

Reported in : AIR1970MP205; [1970]76ITR404(MP); 1970MPLJ403

..... (b) of the service agreement would have been a much larger sum. the assessee was constrained to bring a suit for recovery of damages for the wrongful repudiation of his contract of service. this position clearly emerges from the narration of facts leading to his dismissal from service and the correspondence which ensued between the parties thereafter. we think that the ..... is in pari materia with our second explanation to section 7(1) prior to its amendment) are founded (sic) on judicial recognition of a certain capital amount arising out of contract of service in circumstances where the rights acquired or surrendered by the employee thereunder are sufficiently enduring and defined. the rule that income-tax does not tax the value of ..... unilateral act of deprivation by the employer, have been entitled. the payment could he treated as remuneration for past services or a terminal payment or additional deferred payment under the contract of service, within, the meaning of clause 6(b) of the huzur order dated ist march 1950, for different reasons: firstly, the payment due to the assessee under clause 6 ..... unnecessary problems for him which 'he was no longer able to face' and he, accordingly, asked the holkar 'to make a remittance of whatever was due to him under the contract'. the holkar had, in the meanwhile, by solicitor's letter dated 10th april 1952, demurred his liability, stating-'eastern law consultantsincome tax generalvimal vihar21, yeshwant niwas road,indore, 10th april .....

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Jul 16 1969 (HC)

Firm, Ratanchand Darbarilal, Satna and ors. Vs. Rajendra Kumar Khoobch ...

Court : Madhya Pradesh

Decided on : Jul-16-1969

Reported in : AIR1970MP1; 1969MPLJ672

..... the eviction of the tenants therefrom,' restriction on eviction of tenants is imposed by section 12 which enacts that notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil court against a tenant for his eviction except on one or more of the grounds mentioned in clauses (a) to (b) of .....

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Dec 19 1969 (HC)

Balu Deochand Kulmi and anr. Vs. Fundibai Amichand Kulmi

Court : Madhya Pradesh

Decided on : Dec-19-1969

Reported in : AIR1972MP22

s.p. bhargava, j.1. this order shall also govern the disposal of the point referred to the full bench in civil revisions nos. 497/66, 498/66 and 521/67. in this case and cases nos. 497/66 and 498/66 reference has been made by krishnan, j. and in the last case by s.b. sen, j. all these revisions were filed in the high court by plaintiffs in different cases who were required to pay the deficit court-fee on market value under section 7(v)(d) of the court-fees act (hereinafter called the act). the references are confined to the question that whether for purposes of assessing the court-fee in a suit regarding a fraction or part of a holding the whole of which is assessed to revenue or to payment of the nature of rent in the absence of revenue, the plaintiff should be required to pay the court-fee on his claim on the market value of the land under section 7(v)(d) of the court-fees act, or whether the subject-matter should be allowed to be valued on the basis of the revenue payable on the entire estate and the plaintiff should be allowed to distribute the land revenue proportionately on the area claimed by him in the suit. in other words, the question for consideration is as to whether in such cases the claim of the plaintiff falls within section 7(v)(b) or section 7(v)(d) of the act. these clauses read as follows:--'(v) in suits for the possession of land, houses and garden--according to the value of the subject-matter; and such value shall be deemed to bewhere the subject-matter .....

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