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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai aurangabad Year: 2015 Page 1 of about 21 results (0.028 seconds)

Jul 27 2015 (HC)

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

Court : Mumbai Aurangabad

Decided on : Jul-27-2015

..... 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

Decided on : Dec-17-2015

..... 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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Dec 10 2015 (HC)

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

Court : Mumbai Aurangabad

Decided on : Dec-10-2015

..... 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

Decided on : Oct-30-2015

..... 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

Decided on : Sep-01-2015

..... 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

Decided on : Jul-30-2015

..... , (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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Jul 20 2015 (HC)

Rameshchandra Daulal Soni and Others Vs. Devichand Hiralal Gandhi, Sin ...

Court : Mumbai Aurangabad

Decided on : Jul-20-2015

..... premises, then the tenant as well as occupier has to show the nature of the possession. in absence of the same, since the landlord would be a stranger to the contract or agreement between the tenant and the occupier, the necessary conclusion would be that the tenanted premises are sub-let to the occupier. the facts already noted hereinabove would show ..... . regarding the finding of fact in this respect, the learned trial court did not grant decree on this count finding that the landlord failed to show that there was a contract of tenancy between defendants no. 1 and 2 on one hand and the other defendants on the other hand. it was observed that merely possession of rest of the defendants .....

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Dec 03 2015 (HC)

Osmanabad District Swatantra Sainik Samiti and Another Vs. Jagannath P ...

Court : Mumbai Aurangabad

Decided on : Dec-03-2015

..... be heard on the merits of the case nor entitled to any relief. (ii) the people, who approach the court for relief on an ex parte statement, are under a contract with the court that they would state the whole case fully and fairly to the court and where the litigant has broken such faith, the discretion of the court cannot .....

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Dec 08 2015 (HC)

Maulana Azad Educational Trust. Through the Chairman Dr. Rafiq Zakeria ...

Court : Mumbai Aurangabad

Decided on : Dec-08-2015

..... incidental to and closely connected with the main activity of the industry and is of a perennial and permanent nature, it is well settled, the abolition of contract labour would be justified. taking over all view of the matter, in my opinion, merely because, there is no notification issued under section 10, does not ..... as the petitioner-school is concerned inasmuch as neither it is a case of the petitioners that 20 or more workmen were employed by them on contract basis or there was a notification issued by the appropriate government applying the provisions of this act to the school since the number of workmen were ..... preceding 12 months as contract labour and every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen. it further provides that the ..... meps act, 1977. the observations of this court in paragraphs 30 and 34 read as under: 30. upon mere perusal of section 1 of the contract labour act it is clear that it applies to every establishment in which 20 or more workmen are employed or were employed on any day of the ..... school was registered as contemplated by section 7 nor the contractor had obtained a valid licence under section 12 of the contract labour act. section 9 puts a bar on the principal employer from employing contract labour in the absence of a registration under section 7. in any case if the work for which .....

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Feb 16 2015 (HC)

Kumar's Liquors and Beers Pvt. Ltd. and Another Vs. BDA Limited and An ...

Court : Mumbai Aurangabad

Decided on : Feb-16-2015

..... court. they have pointed out that entire amendment to ws was irrelevant. they have stated that cruikshank and company was having independent status and was not having any understanding or contract with bda limited. they have denied any connection with alleged agreement between kumar liquors and m/s. cruikshank they have also pointed out that dispute pending before delhi high court ..... liquors for successful discharge of the duties as distributor and giving of a refundable deposit of rs. 1,00,00,000/- to bda. in paragraph 4, they have submitted that contract of agency was not terminated or canceled and bda limited unauthorizedly, suddenly stopped supplying the products to kumar liquors. they have also pointed out that upon enquiries, they learnt about ..... amount of rs. 1,00,00,000/- is bad in law. he relies upon provisions of section 79 of companies act, section 34 of evidence act, and section 213 of contract act to buttress his submissions. he further submits, that though chartered accountant mr. indapurkar was made available for cross examination, kumar liquors deliberately avoided to cross examine him and hence ..... the balance amount by producing accounts and its failure to do so results in adverse inference. relationship between bda limited and kumar liquors is not regulated by section 213 of contract act and no adverse inference could have been drawn against kumar liquors for not producing the records. 8. he submits, that when kumar liquors placed on record the documents showing .....

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