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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai goa Year: 2015 Page 1 of about 13 results (0.039 seconds)

May 07 2015 (HC)

Sesa Goa Ltd. Vs. The Commissioner of Income Tax

Court : Mumbai Goa

Decided on : May-07-2015

..... % of the same has to be reduced from gross total income. ? this court in pfizer ltd. (supra) has further in para 11 thereof held as under: ??a contract of insurance is a contract of indemnity. the insurance claim in essence indemnifies assessee for the loss of the stock in trade. the indemnification that is made to the assessee must stand on the same .....

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Dec 18 2015 (HC)

Satish @ Santosh Gaonkar Vs. Durgesh B. Gaokar and Another

Court : Mumbai Goa

Decided on : Dec-18-2015

..... the driver/ rider of the vehicle. this is because, the very basis for claiming such compensation is tortuous liability of the driver/ rider and thereafter, on the basis of a contract of indemnity in the form of the policy of insurance, the insurance company can be made liable. 16. in the present case, indisputably, there was no prosecution launched or chargesheet filed .....

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Oct 01 2015 (HC)

Tulip Hotels Pvt. Ltd. and Another Vs. Trade Wings Ltd. and Others

Court : Mumbai Goa

Decided on : Oct-01-2015

..... parties shall have any claim for damages against the other. thus, it cannot be accepted that clause 12.5(i) is merely or only an indemnity clause. this submission overlooks the fact that basically it is a termination clause and the concluding part of 12.5(i) only indemnifies the party against ..... arbitral tribunal) are: (a) whether the claim is a dead (long-barred) claim or a live claim. (b) whether the parties have concluded the contract/ transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection. 22.3) the issues (third category) which the ..... not agreed to clear the outstanding amount of tfci and had only agreed to pay consideration price of 50% share capital of twhl on a spot delivery contract basis i.e. as against delivery of share certificates to them. the learned senior counsel has referred to the definitions of completion ?, the completion date ..... and resorts including bbr for a period of 10 years. this was subject to certain other conditions which included the termination of the hotel management contract by the second respondent with spp. under the material term of the mou the petitioner no.1 was to purchase 50% of the equity ..... the first respondent. the bbr is situated at bogmalo, goa and was being managed by sarovar park plaza group (spp) erstwhile under a hotel management contract dated 1/07/1994. although bbr was managed by a professional hotel operator, it was said to be loosing business and money. 5. in the .....

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Jul 16 2015 (HC)

Utsav Safety Systems Pvt. Ltd. and Another Vs. State of Goa, through i ...

Court : Mumbai Goa

Decided on : Jul-16-2015

..... contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government. 20. therefore, a court before interfering ..... bidders participating in the tender process cannot, therefore, insist that their tenders should be accepted simply because a given tender is the highest or lowest depending upon whether the contract is for sale of public property or for execution of works on behalf of the government. all that participating bidders are entitled to is a fair, equal and non- ..... otherwise it will amount to substituting its own decision without the necessary expertise which itself may be fallacious. normally speaking, the decision to accept the tender or award the contract is relished by the process of negotiations through safe tiers which decisions are normally made collectively by experts. as such, judicial review on administrative decisions of administrative actions is ..... the said decision was thereafter withdrawn and the matter was referred to the hon'ble chief minister for appropriate orders. it is further their case that there is no concluded contract whatsoever between the petitioners and the respondents. it is further their case that though in the financial bids, the petitioner was the lowest bidder, nevertheless, a lowest and .....

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Mar 12 2015 (HC)

Kunda Madhukar Shetye and Others Vs. Shaila Subrao Shetye and Others

Court : Mumbai Goa

Decided on : Mar-12-2015

..... the respondent no.1 plaintiff of 34% of the profits in the trial court, once the mining operations begin. (e) the appellants shall issue an indemnity bond in favour of the respondent no.1 plaintiff indemnifying her from any possible claim of damages from defendant nos.6, 7 and 8 damodar mangalji group. ..... such person who has mineral sharing agreement with the lease holder or who has sufficient capital investment in the lease including the person having raising contract with the lease holder or any person involved in winning or mining of minerals other than member of family acting in capacity of agent or ..... the business is not for the court to decide by substituting their wisdom. even otherwise, as a normal businessman, if the party with whom the contracts are entered into is being indited by the authorities, leading to suspension of their mines, apprehension that similar action may follow, in respect of their ..... further submitted that defendant no.5 had no authority to terminate the agreements and no ratification is permissible in view of section 200 of the indian contract act. it was also contended that the report of the indian bureau of mines which was referred to by the majority was being contested before ..... nos.6, 7 and 8 damodar mangalji group, in which it was stated that they have no intention of reneging from their commitments under the contract with the firm. it was contended that the agreement of sale with the firm, which also a loan agreement, mandated the firm not to change .....

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Dec 23 2015 (HC)

Competent Automobiles Company Ltd. Through its Authorized Signatory Pr ...

Court : Mumbai Goa

Decided on : Dec-23-2015

..... to determine such penalty. the government made a claim for penalty directly before the arbitrator. it was, in these circumstances, held that the clause except where otherwise provided in the contract ? excluded the jurisdiction of the arbitrator to rule on the question of penalty. i find that the case is clearly distinguishable. 27. coming to the present case, in view of ..... 73 from an order in execution. 26. reliance is also placed on the decision of vishwanath sood (supra). in that case, the question was about interpretation of terms of the contract in the wake of an arbitration clause. the agreement contained a penal clause, stipulating the payment of compensation by a contractor to government, for delay in completion of the work .....

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Apr 16 2015 (HC)

Francisca Luiza Rocha and Others Vs. Palanivel Gaunder and Others

Court : Mumbai Goa

Decided on : Apr-16-2015

..... sub-section (4) with proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover the amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of the insurer against the insured by relegating ..... of policy by respondent no.2. it is the transaction or terms and conditions between the respondent nos. 2 and 3. therefore the claimants have nothing to do with the contract between the respondent nos. 2 and 3. mr. mulgaonkar, learned counsel further contended that since the vehicle was insured with the respondent no.3 at the relevant time, it has .....

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Jun 29 2015 (HC)

The Goa Foundation and Another Vs. The North Goa Planning and Developm ...

Court : Mumbai Goa

Decided on : Jun-29-2015

..... have come to the conclusion that on a plain construction of the notification the proviso permitted the closing out or liquidation of all outstanding transactions by entering into a forward contract in accordance with the rules, byelaws and regulations of the respondent. ? hence, the construction by the state government of the crz notification as such does not bind the court if .....

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Mar 13 2015 (HC)

M/s Hotel Satkar and Another Vs. Krishnanath Nanu Chavdikar and Anothe ...

Court : Mumbai Goa

Decided on : Mar-13-2015

..... better title. but, this question is not required to be finally determined in this matter. (6) further lease or licence is a matter of contract between the parties. section 107 of the transfer of property act inter alia provides that leases of immoveable property may be made either by registered instrument ..... up the premises on the determination of the term. in the absence of such a covenant or of any express stipulation, the tenant is under an implied contract to restore possession to the landlord. the complete law of landlord and tenant by redman, edited by hill, 8th edn., (1939) p. 459. see ..... of the property act deals with rights and liabilities of lessors and lessees. the said section reads as under: ??108. in the absence of a contract or local usage to the contrary, the lessor and the lessee of immovable property, as against one another, respectively, possess the rights and are subject ..... at general law and under the transfer of property act in favour of the plaintiff and against the defendant who was earlier protected by the contract between the parties. shri nariman in this connection was right when he contended that the aforesaid decisions of this court only decide the status of ..... were enforcing a statutory right is totally erroneous as, according to him, the claim of the appellants was on account of the breach of the contract. learned counsel has further pointed out that merely because the partnership firm was thereafter registered, would not cure the defect of the bar to file .....

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Aug 14 2015 (HC)

M/s Costa Pinto Associates and Another Vs. M/s Ramdeo Maurya and Assoc ...

Court : Mumbai Goa

Decided on : Aug-14-2015

..... palms ? in the property surveyed under survey no. 398/1, in the village benaulim, taluka salcete, goa. the respondent as a r.c.c. labour contractor had entered into a contract with the appellants to undertake the construction of the said complex. accordingly, an agreement was executed between the parties on 22.11.1994 (exhibit-20). the appellants had also engaged ..... learned trial court has then referred to clause 12 of the agreement (exhibit-20), which reads as under: 12. notwithstanding any thing to the contrary in this contract, time is essence of this contract. the r.c.c. labour contractor shall proceed to execute the works with proper speed, as per the schedule of works as decided by the consultant engineer, and .....

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