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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 1988 Page 1 of about 14 results (0.136 seconds)

Aug 10 1988 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Natvarlal and ors ...

Court : Madhya Pradesh

Decided on : Aug-10-1988

Reported in : [1990]68CompCas558(MP); 1988MPLJ676

..... insurance company, the claimant is enabled by law to know the exact terms of the policy, even though he was not a party to the contract of indemnity. if the claimant, however, fails to inspect the policy of insurance and to allege that the insurance policy covers liabilityin excess of the statutory ..... behalf is made punishable by section 113(2) of the act. thus, the act enables a claimant to obtain all relevant information regarding the contract of indemnity entered into by the owner of the vehicle so that the liability for payment of compensation, in terms of the policy, could be fastened on ..... claimant, because a claimant has no right under a contract of indemnity to which he was not a party, to obtain the benefit of insurance. with a view to meet this difficulty, section 96(1) of ..... provision for compulsory insurance of a motor vehicle was, however, not sufficient to remove the hardship caused to a claimant. the insurance policy being a contract of indemnity between the insurer and the insured, ordinarily, an insurance company could not have been made a party in an application for compensation made by a ..... be awarded a sum higher than the said minimum statutory limit against the insurance company unless he pleads and proves that the insurer provided in the contract of insurance for a sum higher than that fixed under section 95(2)(b) ? (2) whether the tribunal can award against the insurance .....

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Aug 10 1988 (HC)

United India Fire and General Insurance Company Ltd. Vs. Natvarlal and ...

Court : Madhya Pradesh

Decided on : Aug-10-1988

Reported in : 1(1989)ACC9

..... company the claimant is enabled by law to know the exact terms of the policy, even though he was not a party to the contract of indemnity. if the claimant, however, fails to inspect the policy of insurance and to allege that the insurance policy covers liability in excess of the ..... behalf is made punishable by section 113(2) of the act. thus, the act enables a claimant to obtain all relevant information regarding the contract of indemnity entered into by the owner of the vehicle so that liability for payment of compensation, in terms of the policy, could be fastened on insurance ..... for compulsory insurance of a motor vehicle was, however, not sufficient to remove the hardship caused to a claimant. the insurance policy being a contract of indemnity, between the insurer and the insured, ordinarily, an insurance company could not have been made a party in an application for compensation made by a ..... awarded a sum higher than the said minimum statutory limit against the insurance company unless he pleads and proves that the insurer provided in the contract of insurance for a sum higher than that fixed under section 95(2)(b)?(2) whether the tribunal can award against the insurance company ..... claimant, because a claimant has no right under the contract of idemnity to which he was not a party, to obtain the benefit of insurance. .....

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Mar 08 1988 (HC)

Central Bank of India Vs. Grains and Gunny Agencies and ors.

Court : Madhya Pradesh

Decided on : Mar-08-1988

Reported in : AIR1989MP28; 1988MPLJ453

..... memo ex.p.23, in f.a. no. 114/79 and ex.p.89, in f.a. no. 115/79 and submitted that by special contract the bank contracted out its liability for the loss and deterioration of the pledged goods. the respondents submitted that in sheik mahamad's case (1909) ilr 32 mad 95) ..... cal 252 and indian air lines corporation v. jothaji maniram, air 1959 mad 285.13. section 152 provides that the bailee, in the absence in special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care prescribed by section 151. thus ..... obtain a decree unless he was ready and willing to redeliver the goods pledged with him. the learned trial court held that there was no completed contract of pledge as the defendant failed to deliver the goods. since the second defendant agreed to become a surety for repayment of the said loan, ..... pledged goods.'clause 9.-- that during the continuance of this agreement the bank shall not be responsible notwithstanding anything to the contrary in section 152 of the contract act, for any loss or deterioration of or damage to or damage to the said goods whether caused by theft, fire, rain, flood, earthquake, ..... could sell them in exercise of its rights under section 176 of the contract act. instead the bank allowed the goods to become valueless during the pendency of the suits and therefore it cannot claim the decree. referring to the indemnity clauses relied on by the bank, learned counsel for the respondents submitted .....

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Aug 29 1988 (HC)

Chandrapal Singh Thakur Vs. Ranchibai and anr.

Court : Madhya Pradesh

Decided on : Aug-29-1988

Reported in : II(1989)ACC205

..... the appeal is not maintainable. the policy prima facie shows that the vehicle was covered by it on the date of accident and therefore the appellant is entitled to claim indemnity under section 12(2) of the act. the insurance company is now an undertaking of the government and it must act with all fairness to abide by the ..... contract undertaken under the said policy irrespective of the commissioner exonerating insurance company. on the appellant's application, after he had satisfied the claim to the claimant, the insurance company will, .....

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May 02 1988 (HC)

Haji Abdul Sattar Vs. M.P. State Minor Forest Produce (Trading and Dev ...

Court : Madhya Pradesh

Decided on : May-02-1988

Reported in : AIR1989MP70a; 1988MPLJ810

..... compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to ..... of the dues will not wipe out the fact that the firm was in arrears of government dues on 16-12-1987. the recession of the contract was not necessary to hold the petitioner to be in arrears. the sangh was, therefore, justified in rejecting the offer of the petitioner and the ..... also been placed on the decision of the supreme court in hind construction contractors v. state of maharashtra, air 1979 sc 720 that if the contract were to include clauses providing for extension of time in certain contingencies or for payment of fine or penalty for every day or week and the ..... the government has a public element in it and it must therefore, be informed with reason and guided by public interest. if the government awards a contract or leases out or otherwise deals with its property or grants any other largess, it would be liable to be tested for its validity on the ..... the stategovernment. 3. agents used to be appointed for collection and purchase of tendu leaves on lump sum basis with option of annual renewal of the contract. thereafter tenders were invited and till the season of 1983, upset price in respect of each unit used to be mentioned while inviting tenders by .....

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Jan 06 1988 (HC)

Sardar Dayal Singh Bagga and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Jan-06-1988

Reported in : AIR1988MP305; 1988MPLJ691

..... exported outside the state of madhya pradesh. the state government on its term assured regular supply of timber at a concessional rate. the purchasers did not challenge the term in contract restraining the export of biproducts. however, the purchasers of the biproducts questioned the restriction of transporting the biproducts outside the state of madhya pradesh. negativing the petitioner's contention ..... under article 301 of the constitution. defending; this action, the learned advocate general, appearing for the state, submitted that the object to impose such a term in the contract was to restrict the price hike of charcoal in the state and to make the same available in sufficient quantity to the consumers inside the state. it was also submitted ..... while making the contract of disposing of the property. thus, executive action of the state shall be open to legitimate challenge if while exercising this right to trade the government choosesto exclude persons ..... of the petitioners have been infringed thereby, the latter would obviously have no right to complain. thus, where a petitioner questions the disposal of property and the making of contracts for any purposes by the state, the material question for consideration would be if any fundamental right of the petitioner has been violated by acts of the executive government .....

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Feb 29 1988 (HC)

indore Wire Co. Ltd., Bombay Vs. Kalyandas (Deceased by L.R.) and ors.

Court : Madhya Pradesh

Decided on : Feb-29-1988

Reported in : AIR1989MP43

..... court failed to grasp and give effect to, the true meaning of 'marketable title'. 'marketable title' means -- particularly in the case of a contract for sale immovable property means title free from resonable doubt a marketable title is one which so far as the defendants are concerned, may at all ..... court merely because the application, ex. p/6, was subsequent in point of time rejected this objection and held that the appellants were evading the contract. 25. the question which ought to have been considered was whether on the date of agreement the defendants had any valid sanction from the municipal ..... subsequent to the agreement, ex. p/3, and the bank's encumbrance having been disclosed by the defendants, they were not liable for frustration of contract. 22. the trial court has overlooked the nature of bank's encumbrance as disclosed by the defendants. suppression of material fact on part of the ..... for legal advice - thus in all rs. 12,770/-. 10. the defendant resisted the plaintiff's claim and denied the allegations of breach of contract made against them. according to them, the plaintiff had been appraised of the execution proceedings. enquiries were also made by the plaintiff from the state ..... itself was in violation of the terms of the lease, thus incurring the risk of the lease itself being forfeited. 9. defendants committed breach of contract. they neglected and failed to clear the cloud on their title and also failed to carry out the promises and assurances made by them. the .....

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Jul 30 1988 (HC)

Divisional Engineer M.P. Electricity Board and anr. Vs. Mantobai

Court : Madhya Pradesh

Decided on : Jul-30-1988

Reported in : II(1989)ACC491; (1990)ILLJ25MP; 1989MPLJ28

..... 'direct' payment of any nature made to deceased workman's dependants, including any payment in the nature of ex gratia compensation, whether made under any other statutory provision or under contract. we further hold that the compensation which is determined payable to the workman under the act is not reducible on account of such payment though 'deduction' or 'repayment' contemplated statutorily ..... compensation act, 1923 has jurisdiction to give credit for any 'direct payment' of any nature, including payment in the nature of ex gratia compensation under any other statutory provision or contract and whether the compensation determined payable to the workman under the act would be liable to be reduced by such payment?'3. in the instant case, claimant/respondent had been .....

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Feb 23 1988 (HC)

Smt. Anupama and ors. Vs. Laxman Rao and ors.

Court : Madhya Pradesh

Decided on : Feb-23-1988

Reported in : I(1990)ACC520

..... the oriental fire and general insurance company limited, mentioning therein the 'schedules of rates in which under the heading legal liability for accidents to passengers' it has been mentioned' unlimited indemnity the existing premium of rs. 15/- per seat to be maintained. 'this, no doubt, is meant for agents' use, which gives general instructions to agents and also mentions the schedule ..... of ex. a-13 the insurance company cannot escape its liability for the total amount of compensation. the insurance company by accepting extra-premium for passengers has thus agreed and contracted to satisfy' such amount as is necessary to meet the requirements of the motor vehicle act, 1939'. we are therefore, unable to agree with the view taken by the rajasthan ..... number, being carried in the vehicle.(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of contract of employment: (i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect of passengers,-.(1) a .....

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Feb 23 1988 (HC)

Anupama and ors. Vs. Laxmanrao and ors.

Court : Madhya Pradesh

Decided on : Feb-23-1988

Reported in : 2(1988)ACC237; 1988MPLJ526

..... the oriental fire and general insurance company limited, mentioning therein the 'schedules of rates' in which under the heading 'legal liability for accidents of passangers' it had been mentioned 'unlimited indemnity the existing premium of rs. 15/- per seat to be maintained'. this, no doubt, is meant for agents' use, which gives general instructions to agents and also mentions the schedule ..... conditions of ex. a-13 the insurance company cannot escape its liability for the total amount of compensation. the insurance company by accepting extrapremium for passengers has thus agreed and contracted to satisfy 'such amount as is necessary to meet the requirements of the motor vehicles act, 1939'. we are, therefore, unable to agree with the view taken by the rajasthan ..... , being carried in the vehicle:(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,-(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect of passengers,-(1) a .....

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