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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai nagpur Page 1 of about 80 results (0.011 seconds)

Jul 12 2013 (HC)

Maharashtra State Road Transport Corporation, Through Its Divisional C ...

Court : Mumbai Nagpur

..... ruling in the oriental insurance company vs meena variyal reported in (2007) 5 scc 428 to submit that the contract of insurance is contract of indemnity between the insurance company and the insured . when the insured motor vehicle meets with an accident while driven by ..... or any of the negligent persons and it is no concern of his whether there is any duty of contribution or indemnity as between those persons, though in any case he cannot recover on the whole more than his whole damage. he ..... karpe for the respondent submitted with reference to the ruling that the employees of the insured are not normally covered under the contract of insurance, but shri carpe invited my attention to the ruling in t.o. anthony vs. karvaran and others reported ..... the employee of the insured, primary liability is of the driver and the owner of the vehicle becomes vicariously liable. insurer would pay for such vicarious liability of the owner pursuant to the insurance contract ..... . third party for whose benefit the insurance contract .....

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Jul 27 2010 (HC)

National Insurance Company Limited Through Divisional Manager, and ors ...

Court : Mumbai Nagpur

..... claim application filed under section 163a of the said act which is special provision with overriding effect (beginning with nonobstante clause)7. it is wellsettled by now that insurance contract is a contract of indemnity. section 147 of the said act requires owners of the motor vehicle to obtain insurance in relation to third parties. section 149 of the act imposed duty upon ..... to have a right to defend the claim if there is breach of any condition of the insurance policy. in case it is established that there was breach of insurance contract by owner of the vehicle then insurer may escape liability to pay compensation when exception under section 149 of the act are attracted. to provide a speedy, expeditious remedy for .....

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Sep 06 2011 (HC)

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

..... bank. 3. the company shall have the fullest liberty without affecting in any way the liability of the bank under this guarantee or indemnity from time to time vary any of the terms and conditions of the said contract or to extend the time of performance by the said contractor or to postpone any time and from time to time any of ..... context includes its successors and assigns) having agreed under the terms and conditions contained in letter no.......... dated ....... issued in favour of m/s................ for ........ (hereinafter referred to as 'the contract' to accept the deed of guarantee as herein provided for rs...... from the schedule/nationalized bank (whose branches are scheduled at nagpur) in lieu of security deposit to made by ..... been held that in order to ascertain whether the bank guarantees are conditional or unconditional, the terms of the bank guarantees are extremely material. the bank guarantees represent an independent contract between the bank and the beneficiary, and the parties would be bound by the terms thereof. the invocation therefore, will have to be in accordance with the terms of the ..... 9, the bank has qualified its liability to pay the amount covered by the guarantee relating to "advance mobilisation loan" to the executive engineer only if the obligations under the contract were not fulfilled by hccl or hccl has misappropriated any portion of the "advance mobilisation loan". it is in these circumstances that the aforesaid clause would operate and the whole .....

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Jan 19 2016 (HC)

M/s. Sunflag Iron and Steel Co. Ltd. Vs. The Central Board of Direct T ...

Court : Mumbai Nagpur

..... which was to be made to the german company and in fact which payment was not made to the german company. the petitioners as directed by the department executed an indemnity bond for the said amount of rs.53,70,567/- on 18.2.1994. on 24.3.1994 the deputy commissioner of income tax, special range-2, nagpur addressed a ..... of third instalment of technical knowhow fee, amounting to rs.25,48,334/- dm and treat the payment of first and second instalments as full and final payment against the contract. the petitioners subsequently on 31.1.1994 filed an application claiming refund of the amount of rs.53,70,567/- which was deposited as advance tds towards the third instalment .....

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Oct 20 2012 (HC)

Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...

Court : Mumbai Nagpur

..... 'ble apex court gathered what crystallized there from as the controversy involved. the ruling in the case of jagdish mandal (supra) laying down scope of judicial review in award of contracts is, therefore, not attracted nor decisive in the present facts. 43. in this situation, we find that the n.i.t. and the n.m.c. have not made clean ..... directorate of education vs. educomp datamatics ltd. (supra), particularly paras 11 and 12 show that terms and conditions are prescribed by the competent authority bearing in mind the nature of contract and such authorities are best judges to prescribe the same. it is not for the courts to comment whether better terms and conditions could have been prescribed. in such matters ..... the bvb and it is arbitrary, mala fide and irrational adversely affecting the public interest. he submitted that, in such cases, commercial functions like evaluation of the tenders, awarding of contracts if mala fide and not in the public interest can be interfered with on the principles of equity and justice. administrative action has to be fair, rational, and reasonable without ..... taken from the judgment in the case of jagdishmandal vs. state of orissa, reported at (2007) 14 scc 517. by pointing out para 21, it is urged that as a contract is entered into between bvb and n.i.t., the scope of judicial review under article 226 of constitution of india is very limited and the challenge, as raised, does .....

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Oct 20 2012 (HC)

Dr. Surendra Ramlal Tiwari and Another Vs. State of Maharashtra, Throu ...

Court : Mumbai Nagpur

..... 'ble apex court gathered what crystallized there from as the controversy involved. the ruling in the case of jagdish mandal (supra) laying down scope of judicial review in award of contracts is, therefore, not attracted nor decisive in the present facts. 43. in this situation, we find that the n.i.t. and the n.m.c. have not made clean ..... directorate of education vs. educomp datamatics ltd. (supra), particularly paras 11 and 12 show that terms and conditions are prescribed by the competent authority bearing in mind the nature of contract and such authorities are best judges to prescribe the same. it is not for the courts to comment whether better terms and conditions could have been prescribed. in such matters ..... the bvb and it is arbitrary, mala fide and irrational adversely affecting the public interest. he submitted that, in such cases, commercial functions like evaluation of the tenders, awarding of contracts if mala fide and not in the public interest can be interfered with on the principles of equity and justice. administrative action has to be fair, rational, and reasonable without ..... taken from the judgment in the case of jagdishmandal vs. state of orissa, reported at (2007) 14 scc 517. by pointing out para 21, it is urged that as a contract is entered into between bvb and n.i.t., the scope of judicial review under article 226 of constitution of india is very limited and the challenge, as raised, does .....

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Mar 04 2016 (HC)

C. Padmawati Naidu and Others Vs. Friends Co-operative Housing Society ...

Court : Mumbai Nagpur

..... stipulated time of three years provided by law, and also to challenge the said action on the ground argued before me including the one about section 5 of the contract act or that the defendant could not have unilatrally cancelled the agreement for whatever reasons. the fact remains that the agreement was specifically cancelled and refusal was specifically made ..... instance of nagpur improvement trust and the defendant did not discharge his obligation for getting relinquishment or annulment of the nit scheme and, therefore, there was no breach of contract on the part of the plaintiff society. the plaintiff therefore asserted that the defendant could not treat agreement as cancelled in the light of the prohibition and the reservation mentioned ..... affirmative2.whether the suit filed by the plaintiff society is within limitation?in the affirmative3.whether the plaintiff society is entitled for the discretionary relief of specific performance of contract as prayed against defendant no.1?in the affirmative4.whether the act of the defendant no.1 was justified in cancelling an agreement dated 30.01.1975 by issuing ..... the suit have individually and jointly applied for exemption and in fact having an order granting exemption clearly shows that the plaintiff had always subsisting intention to continue with the contract and ultimately which evidences readiness and willingness on the part of the plaintiff and, therefore, there is no substance in the contention that the plaintiff was not ready and .....

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Feb 10 2015 (HC)

Kaprecon Sleeper Works Pvt. Ltd. and Others Vs. Union of India, throug ...

Court : Mumbai Nagpur

..... rocks reported in 2008 (14) scale 98 is cited to canvass an argument that the apex court held that although ordinarily superior court would not enforce the terms of contract qua contract, it is trite that when an action of the state is arbitrary or discriminatory and thus violative of art 14 of the constitution of india, a writ petition would ..... cited to set aside the judgment delivered by the division bench impugned therein to restore back the ruling of the learned single judge of the calcutta high court. terms of contract qua contract are not enforceable in exercise of writ jurisdiction. 15. in jasbirsingh chhabra and others .vs. state of punjab and others reported in air 2010 sc 622, while considering ..... was quashed. 28. in our view, the respondent/railway authority in the case in hand acted within its right to examine the repeat orders granted to the petitioners after the contract initially entered into was already concluded long back. respondent/railway authority exercised discretion to save public money wherever possible to award the work to the appropriate competitive bidders in the ..... the principles of natural justice were not attracted in the facts and circumstances of the case. 12. the learned counsel for the petitioner posed a question as to whether the contract between the parties was terminated unreasonably, malafidely and arbitrarily under the colourable exercise of power, without following the principles of natural justice. we have heard the rival submissions at length .....

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Oct 12 2011 (HC)

Dr. Surendra Ramlal Tiwari and anr. Vs. State of Maharashtra and ors.

Court : Mumbai Nagpur

..... put forth, hon'ble apex court gathered what crystallized therefrom as the controversy involved. jagdish mandal vs. state of orissa, (supra) laying down scope of judicial review in award of contracts is therefore not attracted & decisive in present facts. 38. in this situation, we find that respondents 2 & 3 have not made clean breast of matter. these respondents along with last ..... case of directorate of education vs. educomp datamatics ltd., (supra), particularly paras 11 & 12 show that terms and conditions are prescribed by competent authority bearing in mind the nature of contract and such authorities are best judges to prescribe the same. it is not for the courts to comment whether better conditions and terms could have been prescribed. in such matters ..... from the judgment in the case of jagdish mandal vs. state of orissa, reported at (2007) 14 scc 517. by pointing out para 21, it is urged that as a contract is entered into between respondent no. 4 and respondent no. 2, scope of judicial review under article 226 of constitution of india is very limited and challenge as raised does .....

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Jan 06 2011 (HC)

Amol S/O Late Bhalchandra Joshi and ors. Vs. Deorao S/O Santoshrao Bho ...

Court : Mumbai Nagpur

..... reported in air 2004 sc 348, has held that the expression "any party thereto" or "their representative-in-interest" includes transferees and assignees from contracting party in whose favour a right exists. it has been held that the implied prohibition against assignment of a transfer of a right cannot be inferred ..... to the original creditor. such a discharge of obligation without notice is a valid discharge as against the assignee."a decree for specific performance of contract in respect of immovable property is in the nature of a debt, which is a movable property. it is a "chose in action", ..... that the transfer of decree by way of assignment requires registration. in fact, there is no adjudication whether the decree for specific performance of contract transfers any right, title and interest in the immovable property of the value exceeding one hundred rupees. the court proceeds on the concession given ..... section 17(1)(b)(e) and section 17(2)(v) of the registration act in respect of registration of a decree for specific performance of contract, is required to be dealt with. the said provisions, being relevant, are reproduced below :"17. documents of which registration is compulsory -(1) the ..... bhongade, the original defendant died, and hence his legal representatives were brought on record. in this first appeal, a decree for specific performance of contract was passed by this court on 26-4-1993. the operative part of the order is reproduced below :" in the result, the appeal is .....

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