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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 1996 Page 1 of about 33 results (0.059 seconds)

Jan 10 1996 (HC)

Nagindas and anr. Vs. Nasir Ali and ors.

Court : Madhya Pradesh

Decided on : Jan-10-1996

Reported in : 1997ACJ1093

..... steps to intimate the insurance company for change of name but insurance company without demur pocketed the premium from the purchaser and renewed the policy. this impliedly established 'privity of contract' between the insurance company and purchaser and rendered the policy operative in favour of the purchaser.(iii) law casts the liability of using the vehicle under a policy covering third ..... this transfer of insurance policy without notice of that transfer to the appellant was clearly in contravention of the terms of the policy (exh. r-6) and thus, brought the contract of insurance to an end. on 4.8.1978 when the accident took place, the respondent no. 2 was the owner of the vehicle. there was no ..... contract of insurance between him and the appellant and, therefore, the appellant cannot be held liable for any compensation to which the respondent no. 1 may be held entitled on account .....

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May 06 1996 (HC)

Baldeo Kumar Agrawal Vs. Managing Director, M.P. Rajya Laghu Van Upaj ...

Court : Madhya Pradesh

Decided on : May-06-1996

Reported in : AIR1997MP147; 1997(2)MPLJ255

..... demanding the forest produce are all business transactions in the course of the contract entered into between the parties. it has, therefore, to be held that the plaintiff has or had 'business transactions' with the co-operative society within the meaning of section ..... at one place'.15. understanding thus the dictionary and legal meaning of the word 'transactions', it cannot be read narrowly to mean as synonymous to the word 'contract'. in fact, in one contract there may be many business transactions. for the purpose of the instant case, submission of tender, execution of agreement, deposit of earnest money and bank guarantee and ..... import, broad and flexible in meaning. it further explains the word thus :'the word is applicable generally to business affairs and to doings, proceedings, and negotiations affecting property rights, contracts, and agreements, and in the transfer of titles, etc.'it is further explained in corpus juris secondum as under:'a 'transaction' is that combination of acts and events, circumstances ..... by the plaintiff was for recovery of his outstanding dues.14. even on a fair construction of the words 'business transactions', the words cannot be construed to mean a business contract or a deal. the word transaction is from the verb 'transact' which according to dictionary meaning means 'to carry through, accomplish, execute, do or to carry on' corpus .....

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Mar 14 1996 (HC)

Shyamabai Wd/O Balwant Singh and ors. Vs. Vasudeo Rudranarayan Awasthi ...

Court : Madhya Pradesh

Decided on : Mar-14-1996

Reported in : 1997(1)MPLJ327

..... claim petition this plea of misrepresentation and fraud was not taken initially but was inserted by way of amendment in the written-statement after two years. no action repudiating the contract and cancellation of policy was taken immediately after coming to know about the alleged misrepresentation and fraud. no action has been taken against the allegedly erring employee and, therefore, in ..... show that after coming to know about transfer of policy on such misrepresentation, the management of insurance co., took any action against his erring employees or tried to repudiate the contract and, therefore, now the insurance co., cannot get exoneration of the liability of payment after such a lapse of time. the third party suffering from such accident cannot be compelled ..... the accident and after receipt of notice from the tribunal has taken no action against the owner it has not tried to cancel the certificate of insurance or repudiate the contract.30. learned counsel appearing for the insurance co., has then submitted that the employee and officer of the insurance co., may have been negligent but insurance co., being public-undertaking .....

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Sep 18 1996 (HC)

Food Corporation of India, Bhopal and ors. Vs. Babulal Agarwal, Bhopal

Court : Madhya Pradesh

Decided on : Sep-18-1996

Reported in : AIR1998MP23

..... established one in the field of administrative law. this principle has been evolved by equity to avoid injustice. it is neither in the realm of contract nor in the realm of estoppel. its object is to interpose equity shorn of its form to mitigate the rigour of strict law. 17. law ..... specific performance of the agreement (ex. p. 8) because the period of three years had already expired. 15. coming to the question of breach of contract, damages and the plea of applicability of doctrine of promissory estoppel; in the background of facts that on the assurance and the terms agreed in the ..... 1)(d). it is contended that the document falls in clause (b) of section 17. therefore, in the absence of registered document. the terms as contracted, cannot be enforced. whether an agreement operates as lease or agreement for a lease is a matter of construction. the words 'agreement for a lease' must ..... to reasonable damages keeping in view the provisions of section 73 of the contract act and rs. 10,000/- of the security deposit with reasonable interest thereon of rs. 3037/-. the defendants were further directed to pay the ..... plinths within the extended period. in the absence of the registered, lease deed the tenancy was month to month, but, however, there was breach of contract. the defendants were bound to pay the rent for, a period of 3 years on the principle of promissory estoppel. therefore the plaintiff is entitled .....

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Mar 26 1996 (HC)

Telecom District Engineer and anr. Vs. Pramesh Agrawal and anr.

Court : Madhya Pradesh

Decided on : Mar-26-1996

Reported in : 1997(1)MPLJ173

..... -plaintiff made a claim regarding the damages to the tune of rs. 65,000/-. according to the plaintiff himself, he can be compensated in terms of damages for breach of contract if any.7. in view of the provisions of madhya pradesh amendment in rule 2 of order 39 vide m. p. act no. 29 of 1984, the following proviso has ..... the learned counsel for the parties.4. shri pramesh agrawal was the person who was granted by appellant no. 1, contract for the purpose of digging and laying down the telephone cable in the three districts - durg, bastar and rajnandgaon. the contract-work was only for six months, though the period was one year. admittedly, after expiry of six months, fresh tender .....

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Sep 03 1996 (HC)

Mahavir Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Sep-03-1996

Reported in : 1998(1)MPLJ69

..... goes to show that the rates quoted by the petitioner were sufficient to meet the expenditure incurred in transportation of soil. in view of the express stipulation in the contract agreement the petitioner is not entitled to expenditure incurred in transporting soil from the land outside the free lead area.28. the tribunal discussed oral and documentary evidence produced by ..... canal bank formation. it has been voluntarily accepted by the government and the government is taking benefit of it, therefore, the government is liable under section 70 of the contract act to compensate the petitioner. shri aradhe, learned counsel for the respondents submitted that section 70 is not applicable to the instant case as the soil was brought under valid ..... engineer. the accounts officer of the chief engineer's office sent this letter to the petitioner, though he had no authority to do so. he submitted that terms of the contract were very clear, no assurance or representation was made by the officers of the government, therefore, the question of promissory/equitable estoppel does not arise. the petitioner cannot take ..... would be available in free lead area. the inter se correspondence between the departmental officers also confirmed this assumption. acting on such assurances and representations, the petitioner executed the contract agreement. when the petitioner started work no soil was made available in the free lead area. the petitioner had to bring soil from distant government quarry in which he had .....

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Feb 14 1996 (HC)

United India Insurance Co. Ltd. Vs. Nolan Bai and ors.

Court : Madhya Pradesh

Decided on : Feb-14-1996

Reported in : I(1997)ACC376; 1998ACJ681

..... act reads thus:95(2) (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,- xxx xxx xxx(ii) in respect of passengers, a limit of fifteen thousand rupees for each individual passenger....(9) as the law stands today the insurer is liable .....

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Jan 31 1996 (HC)

Prakash Vs. Amrutlal Jaiswal and ors.

Court : Madhya Pradesh

Decided on : Jan-31-1996

Reported in : 1996(0)MPLJ863

..... by fraudulent suppression of any material fact, the policy is vitiated.7. there cannot be any dispute with the proposition that absence of good faith vitiates the contract as between the parties to the contract. the position in regard to 'third party' is surely on different footing. in oriental fire and general insurance company ltd. v. ramsingh and ors., 1995 mplj 139 .....

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Jan 31 1996 (HC)

Prakash Vs. Amrutlal and ors.

Court : Madhya Pradesh

Decided on : Jan-31-1996

Reported in : I(1997)ACC502; 1996ACJ940

..... by fraudulent suppression of any material fact, the policy is vitiated.7. there cannot be any dispute with the proposition that absence of good faith vitiates the contract as between the parties to the contract. the position in regard to 'third party' is surely on different footing. in oriental fire & genl. ins. co. ltd. v. ram singh 1995 acj 26 (mp), this .....

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Jun 26 1996 (HC)

Punjab National Bank Vs. Baba Kishandas Thakur Das

Court : Madhya Pradesh

Decided on : Jun-26-1996

Reported in : 1997(1)MPLJ208

..... , there the law will in general excuse him; and though impossibility of performance is in general no excuse for not performing an obligation which a party has expressly undertaken by contract, yet when the' obligation is one implied by law impossibility of performance is a good excuse.'11. sitting singly, it is necessary for me to notice and consider the two .....

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