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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai aurangabad Page 1 of about 71 results (0.009 seconds)

Jul 27 2015 (HC)

United India Insurance Co. Vs. Bhimrao Visahvanath Kanse and Others

Court : Mumbai Aurangabad

..... was appropriately proved, particularly in absence of payment of additional premium? d) the insurance-company straight-away cannot be held responsible for payment of compensation as the contract of insurance is always a contract of indemnity and primarily the insured is required to be held responsible and not the insurance company? 8. so far as the appeal at the behest of the owner ..... the liability of the insurance company to pay the compensation straight way holding it to be responsible is concerned, it is required to be noted that the contract of insurance is always a contract of indemnity. the order of the labour court appears to have held responsible both, i.e. the vehicle owner and the insurance company responsible for payment of the amount .....

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Dec 17 2015 (HC)

United India Insurance Co., Through its Assistant Manager Vs. Mulla Ch ...

Court : Mumbai Aurangabad

..... pay the interest. in the present matters, there was no such negative clause, for contracting out. 17. contract of insurance is a contract of indemnity and it is between only the insurer and the assured. there is no privity of contract between the insurance company and the employee who is entitled to make claim against the ..... has not disputed that it is settled law that the insurance company is liable to pay interest on the compensation under the policy unless there is contracting out in respect of such interest. though there is such liability, for filing appeal, only the compensation amount needs to be deposited by the ..... promise to identify applies and that includes even costs of the proceeding. it is, however, subject to conditions laid down in section 125 of the contract act. this provision also shows that the insurance company is liable not only to pay the compensation but also the interest which is payable on the ..... that it has independent identity. it can be said that only when award made is in respect of liability which was not undertaken under the contract by the insurer, the insurer has independent right to challenge the award in view of provisions of sections 30 and 19 of the act. the ..... power to decide the matter even against the insurer, the insurer gets right to challenge the decision. 16. the liability of the insurer under the contract of policy is liability to indemnify the employer on the basis of policy. as per provision of section 147 of the motor vehicles act, 1988 ( .....

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Jan 23 2014 (HC)

The Chief Officer, Latur Municipal Council Vs. Manoj Achyut Bhosle and ...

Court : Mumbai Aurangabad

..... for respondent no.2/contractor says, there is no controversy of agreement entered into between the contractor and the municipal council on 22.6.2000. he also does not dispute indemnity clauses, particularly clause no. 22.1 and 24.1. he has relied upon the judgment of this court in the matter of sarjeraounkar jadhav vs. gurindar singh and anr-1990 ..... damage to persons or property which are the unavoidable result of the execution or maintenance of the works in accordance with the contract. clause 24 (i) deals with accident or injury to workmen. it indicates that the employer shall not be liable for or in respect of any damages or compensation payable at ..... the terms of agreement dated 22.6.2000. clause 22.1 provides damage to a person and property. it reflects, the contractor shall, except if and so far as the contract provides otherwise, indemnify the employer against all losses and claims in respect of injuries or damages to any person or material of physical damage. clause 22(c) provides injuries or .....

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Oct 14 2014 (HC)

Shah Investments, Financials, Developments and Consultants Pvt. Ltd. a ...

Court : Mumbai Aurangabad

..... above, decision of the employer, in the instant matter, aurangabad municipal corporation, is vitiated on account of non transparency, change in the terms and conditions of the contract, showing extraordinary favour to respondent no.3 and offering benefits without making financial assessment and above all, an extremely hasty decision by the head of the institution i.e ..... or services offered are of the requisite specifications; (3) whether the person tendering has the ability to deliver the goods or services as per specifications. when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial ability of the tenderer to fulfill the requirements of the job is also important ..... complete the agreement bond and deposit the security deposit, the emd shall be forfeited by amc. 18. submission of tender does not indicate that tenderer is qualified for awarding the contract. 19. the tenderer shall submit detailed information regarding status of its firm (i.e. proprietary, partnership, private ltd., public limited or llp) and also produce attested copies ..... holding them disqualified to participate in the tender process from and onwards the stage on opening of technical bids and holding respondent no.3 eligible as l1 contractor and awarding contract in favour of respondent no.3. 7. the municipal corporation, aurangabad, invited tenders for design, supply, erection, testing and commissioning of led street lighting fixtures; for .....

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Dec 10 2015 (HC)

Kashinath (Deceased) through legal representatives: and Others Vs. Osm ...

Court : Mumbai Aurangabad

..... or vouch concluded scheme for financing the transaction. it is already observed that the nature of proof of readiness and willingness to perform the part of contract depends on facts and circumstances of each and every case. 52. in the result, the appeal stands dismissed. the learned counsel for appellants requests ..... making payment would arise if the court directs to deposit and the plaintiff fails to tender it. it was the suit for specific performance of contract of reconveyance and there was alternate prayer for redemption of mortgage. in view of the nature of the matter, such observations were made. in ..... all these circumstances are against the case of plaintiff that there was agreement of sale and he was ready and willing to perform his part of contract. 42. the learned counsel for appellant submitted in the present proceeding that defendants failed to prove that they were in need of money for ..... advantage within the meaning of clause (a) or hardship within the meaning of clause (b). explanation 2.- the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall except in cases where the hardship has resulted from any act of ..... decree of special civil suit no. 51/1980 is allowed by the district court and the decree given by the trial court of specific performance of contract is set aside. the original plaintiff has filed the present appeal. both the sides are heard. 2. two agricultural lands like land bearing survey .....

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Oct 30 2015 (HC)

Chandrakala and Others Vs. Marathwada Medical Research and Rural Devel ...

Court : Mumbai Aurangabad

..... will first examine whether there was any material at all to hold that the wages were being directly paid by iaai to the contract labour. the contracts between iaai and the society make it crystal clear that a lump sum consideration was to be paid by the iaai to the ..... " can also be agitated and determined and not under the maharashtra act. consequently, it is claimed that questions as to whether the contract under which contract labour was engaged was a sham and nominal or a mere camouflage and if so whether by piercing the veil they should be declared ..... action to improve their attendance. ex.m25 to 31 and 34 to 40 are letters complaining about pilferage and other irregularities committed by the contract labour noticed by security personnel. these letters give the particulars of the irregularities committed and inform the society not to send them to work ..... disputes act, 1947. the appellant-sugar mills entrusted the work of removal of press-mud to a contractor who engaged the respondents therein (contract labour) in connection with that work. the services of the respondents were terminated by the contractor and they claimed that they should be reinstated ..... of the petitioners. (o) in a limited enquiry conducted by the industrial court, it has been sufficiently established that the petitioners were deployed through contract labourers. (p) false attendance sheets were produced by the petitioners which do not bear any stamp or signature or any identification mark of the respondent .....

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Sep 01 2015 (HC)

Dr. Miss Kunda Vs. Mathurabai (Deceased) and Others

Court : Mumbai Aurangabad

..... compensation in money for its non-performance would not afford adequate relief explanation.- unless and until the contrary is proved, the court shall presume- (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and (ii) ..............." the relevant provision of section 16 (c) of the specific relief act is as under:- ..... of agreement. these circumstances need to be considered for ascertaining both, the cause of action for the suit and readiness and willingness of plaintiff to perform her part of contract. 9. the provision of article 54 of the limitation act gives period of limitation for such suit and it runs as follows:- description of suitperiod of limitationtime from which ..... the plaintiff to specifically plead about particulars that within this period she had offered to give remaining consideration and she had shown readiness and willingness to perform her part of contract. these circumstances have created probability that plaintiff was not having money to pay the remaining consideration on the date of agreement. from the pleadings, it can be said that ..... through her advocate, asking the defendants to complete the sale deed, but the notice was not accepted by the defendants. she had prayed for relief of specific performance of the contract as contained in aforesaid written document and in alternate, she had prayed for equitable reliefs. 4. defendant nos. 2 and 3 filed their written statement and denied everything. .....

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Jul 30 2015 (HC)

Anant Tulshiramji Bajaj Vs. Sunil

Court : Mumbai Aurangabad

..... , (air 1976 sc 2005), which completely cover the case before us. it is clear to us that the act interfere with the landlord's right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlord's power to evict them, in these days of scarcity of accommodation, by asserting his superior rights ..... of section 106(4) of the transfer of property act needs to be kept in kind and it runs as under: 106. duration of certain leases in absence of written contract or local usages.-- (1) . . . (2) . . . (3) . . . (4) every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be .....

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Apr 10 2014 (HC)

Aurangabad Electrical Contractors Association, Through Its Authorized ...

Court : Mumbai Aurangabad

..... petitioners has argued that "level playing field" is being denied and fair competition amongst the registered electrical contractors is prevented to the advantage of the civil contractors while awarding contracts by the public works department of the state. therefore, at this juncture, it is apposite to quote observations of the hon'ble apex court in the matter of reliance ..... registered electrical contractors. by inviting composite tender for a project work, valuable right of registered electrical contractors to participate in the tender process is lost as the main civil contract would have absolute right and authority to dictate terms to the electrical contractors. 10. perusal of the impugned circular dated 24.3.2011 issued by the public works department ..... of the public works department. thus, with implementation of the impugned government resolution, electrical contractors who are independent and distinct class in themselves are deprived to enter into contract with the government independently. it is a matter of common knowledge that civil work is always a major component in building construction and awarding absolute discretion to the civil ..... in contractual matters in which the government exercises its contractual power in order to prevent arbitrariness in state action. the action of the state in the matter of awarding contract must be free from arbitrariness and it must be non-discriminatory. if tested on this touch-stone, then it is revealed that condition no.5 of the impugned .....

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Jun 28 2012 (HC)

Shivaji S/O Kashinath Kakde Vs. the State of Maharashtra

Court : Mumbai Aurangabad

oral judgment: 1. by the present appeal, the appellant has questioned the legality and correctness of his conviction for the offence punishable under section 304 part i of the i.p. code for which he is sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of rs. 1000/-, with the default stipulation to undergo further rigorous imprisonment for one month, in sessions case no. 101/2010, by judgment and order dated 22nd august, 2011 passed by the learned sessions judge, latur. 2. such of the facts as are necessary for the just decision of this appeal can be summarized as follows: (a) one laxmi balaji kakde was admitted in the civil hospital, latur on 5th august, 2010. on her admission, she was medically examined, but she was found dead. around 10 p.m. or so on that day, dr. siddiqui, attached to civil hospital, latur passed on the information in writing to the police chowki attached to the civil hospital, latur. asi narayan bhujang ranzunjare (pw9), who was attached to gandhi chowk police station, latur, on receipt of said letter, registered accidental death (a.d.) no. 23/2010 in gandhi chowk police station of latur. immediately after registration of a.d., he rushed to the civil hospital where in presence of one sanjay vithal survase (pw4) and other witness, he prepared inquest over the dead-body of laxmi and drew inquest panchanama (exh19). thereafter, a requisition was sent to medical officer, civil hospital, latur to conduct the autopsy on the deadbody .....

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