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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1986 Page 1 of about 47 results (0.023 seconds)

Aug 20 1986 (HC)

N. Vaghul and Others Vs. State of Maharashtra and Others

Court : Mumbai

Decided on : Aug-20-1986

Reported in : 1986(3)BomCR422

..... 'general counter guarantee'. this document recorded complainant's undertaking to indemnify the bank of india against loss incurred by the neglect or failure of the parikh brothers to perform the contract. the indemnity was however not to exceed a sum of rs. 8,00,000.00 pursuant to the execution of the counter-guarantee, the kuwait finance house communicated the terms of ..... striking of the deal whereupon he executed the counter performance guarantee rendering him liable to the extent of rs. 8,00,000/- vis-a-vis the execution of the barley contract by parikh brothers. he complained of being kept in ignorance about the parikh brothers' poor reputation for credit-worthiness. it was clarified that the advance of rs. 13,50,000 ..... bazar branch was willing to furnish the 5% performance guarantee, provided complainant guaranteed performance on behalf of parikh brothers, that parikh brothers had a highly rated credit-worthiness; that the contract was to be performed shortly and swiftly, that for a small risk of rs. 8,00,000/-, complainant would be getting commission at rate 2% covering the value of the ..... style of parikh brothers. this firm was in the export-import business. mayur exports of india had entered into a contract with kuwait supply co. of kuwait to sell to the latter 8,000 metric tonnes of barley. mayur exports assigned the contract undertaken by it to m/s. parikh brothers with the concurrence of kuwait supply co. to facilitate the execution .....

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Aug 14 1986 (TRI)

Gokaldas Harbhagawandas Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Aug-14-1986

Reported in : (1987)(10)LC17Tri(Mum.)bai

..... of a formal written application by the applicant, usually the buyer of the goods, which is, at the same time, a request, a mandate and an indemnity... it requests the banker to issue or "open" the credit, sets out the conditions on which he is to act and holds him covered in respect of ..... for the issue of letters of credit prior to 2-9-1977 is as much of an absolute requirement a condition precedent - as the conclusion of contracts for the sale of.the goods in question with the foreign sellers for the consequential imports, to come within the excepted category in terms of the aforesaid ..... cited from air 1970 s.c. 89 - tarapore & co. v. tractoroexport].(e) the commitment is not that of the buyer, for, the conclusion of a contract for sale of goods is a firm commitment on the part of the buyer regardless of whether payment may be, by agreement between the parties, stipulated to be ..... promise by the banker to pay money to the seller in return for the shipping documents. then the seller, when he presents the documents, gets paid the contract price. the conditions of the credit must be strictly fulfilled, otherwise the seller would not be entitled to draw on it". accordingly, the commitment is by ..... bombay, also denied that there was any manipulation in any of the documents cited in the show cause notice, they contended that there was a firm contract in the sale of goods in question on 1-9-1977.in his order the collector after referring to the arguments addressed by the various advocates on .....

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Feb 05 1986 (HC)

New India Assurance Co. Ltd. Vs. Mandar Madhav Tambe and Others

Court : Mumbai

Decided on : Feb-05-1986

Reported in : 1986(2)BomCR115; [1989]65CompCas251(Bom); 1986MhLJ274

..... makes a provision for indemnifying causes involving third parties in accident and for satisfaction of claims arising therefrom in favour of the party affected rather than to absolve the insurance indemnity.16. that being the position, we do not think that this is a case where, successfully, a statutory defence available to the insurance company has been made out.17. the ..... upheld.15. generally stated, such clauses of the policy should receive the interpretation consistent with the intent of the parties to the contract and also to further the object of the statute. this should particularly be so when contracts are in printed form and issued in the usual course. if we were to go by the terms of section 96(2)(b .....

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Feb 05 1986 (HC)

New India Assurance Company Limited Vs. Mandar Madhav Tambe and ors.

Court : Mumbai

Decided on : Feb-05-1986

Reported in : I(1987)ACC269

..... a provision for indemnifying cases involving third parties in accidents and for satisfaction of claims arising there from in favour of the party affected rather than to absolve the insurance indemnity.16. that being the position, we do not think that this is a case where successfully the statutory defence available to the insurance company has been made out.17. the ..... upheld.15. generally stated, such clauses of the policy should receive the interpretation consistent with the intent of the parties to the contract and also to further the objects of the statute. this should particularly be so when contracts are in printed form and issued in usual course. if we were to go by the terms of section 96(2)(b)(ii .....

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Aug 22 1986 (HC)

Narotamdas Trikamdas Toprani Vs. Bombay Dyeing and Manufacturing Co. L ...

Court : Mumbai

Decided on : Aug-22-1986

Reported in : (1986)88BOMLR649; [1990]68CompCas300(Bom)

..... its main purpose, one must reject words, indeed the whole provision, if they are inconsistent with what one assumes to be the main purpose of the contract; and the house of lords held that the appellant was entitled to damages.45. the covenant in question in the third series of debentures is also meant ..... for. if there is any wide deviation from this norm, then the covenant must be interpreted as having been breached.43. in anson's law of contract, 26th edition, page 136,it is sated as follows :'an agreement ought to receive that construction which its language will admit which will best effectuate the ..... to enforce covenants which are for their benefit although they may not be directly parties to the covenants.25. the right of a beneficiary under a trust to enforce contracts which are for his benefit is recognised under our law. in the case of m. c. chacko v. state bank of travancore, : [1970]1scr658 , ..... the supreme court has observed as follows (at page 508) :'... it has, however, been recognised that where a trust is created by a contract, a beneficiary may enforce the rights which the trust so created has given him. the basis of that rule is that though he is not a party to the ..... contract, his rights are equitable and not contractual. the judicial committee applied that rule to an indian case khwaja muhammad khan v. husaini begum [1910] 37 .....

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Jul 16 1986 (HC)

Shalimar Textile Mfg. Pvt. Limited Vs. Union of India and Others

Court : Mumbai

Decided on : Jul-16-1986

Reported in : 1986(10)ECC83; 1986(25)ELT625(Bom)

..... cannot be recovered back while taxes paid under a mistake of fact may ordinarily be recovered back (see corpus juris secundum, vol. 84 p. 637). although section 72 of the contract act has been held to cover cases of payment of money under a mistake of law, as the state stands in a peculiar position in respect of taxes paid to .....

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Sep 12 1986 (HC)

Kirti Natwarlal Thakkar Vs. J.D. Jamdar and ors. and

Court : Mumbai

Decided on : Sep-12-1986

Reported in : 1987(1)BomCR195

..... sound to be probable at least ex facie that the petitioner and his father would so meekly suggest by themselves and agree to withdraw from the contract. on the contrary, the statement and the affidavit of the first respondent makes the situation more difficult for the first respondent when he admits as---' ..... the agreement and the correspondence was exchanged and two cheques were issued by him to the petitioner. he further says that after the cancellation of the contract by the petitioner he had no alternative but to enter into an agreement of letting out the said premises to respondent no. 2. according to him ..... not come into existence. it is on that basis that it was indicated that the section does not make receipt of money on an executory contract punishable but it only makes receipt of money on the grant, renewal or continuance of the lease of any premises punishable and unless the lease ..... to accept the contention of mr. hattangadi that the rights of the plaintiff flow not from the act or any of its provisions but from the contract, namely the deed of charge. the registered agreement entered into between the parties regarding the construction loan, it must be pointed out, is the method ..... and the execution of the deed of charge was criticised as being a colourable document. the other defendants contended that they had no privity of contract with the plaintiff as they subsequently purchased the property and they were not aware of any charge. competency of the small causes court on the .....

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Aug 01 1986 (HC)

Kishan Swaroop Ashok Kumar and ors., Etc. Vs. the Podar Mills Ltd. and ...

Court : Mumbai

Decided on : Aug-01-1986

Reported in : AIR1987Bom198; 1986(3)BomCR1

..... basing the claim on certain hundies drawn and accepted by the applicant in respecnt of certain goods delivered agisnt challans by the plaintiff respondet. the goods were delivered under certain contracts containing arbitration clausess. the applicant filed na applciaiton under secion 34 of the arbitratuion act for stay of suit. the contention of the applicant was that the goods delivered were ..... for stay of the suit. the trial judge rejected the application on various grounds , one of which was that t suit was based on accepted of goods delivered, under the contract which contwained the abitraion clasuse. upholding the order of tehe trial court the learned judges of the allahabed high court held as follows:'the defendants accepted the bills before maturity ..... court in diraj lal v sir jacob behrenes & sons : air1933all74 is more to the point. in that case the parties had enterd into an agreement known as 'c.i.f. contract in terms of which the defendatn appellants purchased cloth from the plaintiff. several orders were placed by the defendant appellants with the respondent and the respondents despatched goods after the ..... firms averred in his affidavits in support of the notices of motion in all the suit are the parties were governed by the terms and conditions mentined in the standard contract form incliding the above quoted clauses. this position was not specifically denied by the respondetns in their affidavits opposing the notices of motionl hence relying on these clauses it was .....

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Jan 09 1986 (HC)

Yeshwantrao Martandrao Mukane Since Deceased Through His Legal Represe ...

Court : Mumbai

Decided on : Jan-09-1986

Reported in : 1986(1)BomCR533

..... cannot be specifically enforced, such an injunction has to be refused. similarly, when a suitor of such a type would have equally efficacious relief available so as to enforce the contracts by taking appropriate remedy, without recourse to it, it would be indeed difficult to extend the discretionary relief of permanent injunction. clause (h) of section 41 of the specific relief ..... by themselves not exhaustive. clauses (e) and (h) respectively of section 41 of the specific relief act lay down that injunction cannot be granted to prevent the breach of a contract, the performance of which would not be specifically enforced or when equally efficacious relief can certainly be obtained by any other usual mode of proceedings except in cases of breach ..... repairs or improvements and such handing over of possession for such specific purposes would not, in the very nature of things, be the possession given in part performance of the contract. the position of possession of such type when obtained subsequent to the agreement and which is not possibly referable to part performance of the agreement cannot by re agreement pre ..... and circumstances available in each case and particularly upon the intention of the parties. broadly speaking, the act of part performances must be an act done in performance of the contract as distinct from those acts which are introductory or ancillary to such performance or merely accommodation and as such referable to some other agreement. well-settled it is that the .....

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Jul 30 1986 (TRI)

Espi Industrial Corporation Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-30-1986

Reported in : (1987)(10)LC443Tri(Mum.)bai

..... diesel engines and required a number of complementary components. in that connection attention was drawn to list of 135 components as contained in enclosure no. 1 to contract no. 61/01-3341 of 29th july, 1983. the list contains names of 135 parts like filter, muffler, shield, clip, cap, gasket, bracket, ..... further it also means that engine components, have been packed unitwise engine parts do not form a complete diesel engine. for example, as above contract following engines parts are made in india and without which no engine is complete". thereafter the suppliers have stated the parts which are required ..... (3) shield, (4) clip. having regard to the clarification of the suppliers regarding documents relied upon by the department; and having regard to the contract that was entered into and the descriptions contained in the letters of indent, invoice, bills of lading, packing list and the list of components not to be ..... imported and therefore it cannot be said that what had been imported was tractors in ckd condition. shri gagrat urged that according to the contract entered into 30% of the components are not to be imported. he further urged even the manufacturers have subsequently clarified as to the goods ..... resort to para 244 of the policy is impermissible in view of para 242.shri gagrat also urged that all the documents, namely, the contract entered into by the importer with trakotoro-exports, moscow, the letters of indents, bill of lading, invoice, packing list indicate that what had .....

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