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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1991 Page 1 of about 78 results (0.019 seconds)

Oct 11 1991 (HC)

Taj Trade and Transport Co. Ltd Vs. Oil and Natural Gas Commission and ...

Court : Mumbai

Decided on : Oct-11-1991

Reported in : 1992(2)BomCR125; (1992)94BOMLR620; [1994]80CompCas740(Bom); 1992(2)MhLj1110

..... express or implied, of the principal debtor. the obligation of the surety depends substantially on the principal debtor's default; under a contract of indemnity liability arises from loss caused to the promisee by the conduct of the promisor himself or by the conduct of another person.' the calcutta ..... called the 'creditor'. a guarantee may be either oral or written.' 7. a contract of indemnity is defined in section 124 of the contract act and that reads as follows :'124. 'contract of indemnity' defined. - a contract by which one party promises to save the other from loss caused to him by ..... the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'. 8. the supreme court held in punjab national bank ltd. v. shri vikram cotton mills ltd. : [1970]2scr462 as follows (at page ..... where the facts were as follows : the respondent entered into an agreement with the appellant for constructing a vanaspati manufacturing plant for the latter. the contract required the respondent to furnish two bank guarantees for proper construction and successful commissioning of the plant. accordingly, the bank of india executed two bank ..... 932 of 40 comp cas) : 'a contract of guarantee requires concurrence of three persons - the principal debtor, the surety and the creditor - the surety undertaking .....

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Apr 24 1991 (HC)

Union Bank of India Vs. Avinash P. Bhonsle

Court : Mumbai

Decided on : Apr-24-1991

Reported in : 1991(3)BomCR735; (1991)93BOMLR282

..... of guarantee there must be a third contract, by which the principal debtor expressly or impliedly requests the surety to act as surety. ..... namely, (i) the illustration (c) to section 127 and (ii) that in kali charan v. abdul rahman and ors. (supra) the contract of guarantee came to be made in pursuance of a previous arrangement. none of these considerations would be sufficient to overlook the plain and natural meaning of ..... had materialised earlier even resulting the delivery of goods, but price remaining unpaid, would be regarded as not forming the consideration for the subsequent contract of guarantee. now the purpose of illustrations as is pointed out in aniruddha mitra v. the administrator general of bengal and ors. is to ..... contract between the surety and the creditor by which the surety guarantees the debt, and no doubt the consideration for that contract may move either from the creditor or from the principal debtor or both. but if those are the only contracts, the case is one of indemnity. in order to constitute a contract ..... unless that element is present, it is impossible to work out the rights and liabilities of the surety under the contract act .....

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Oct 31 1991 (HC)

Maharashtra State Electricity Board and anr. Vs. K.T. Joseph

Court : Mumbai

Decided on : Oct-31-1991

Reported in : 1991(4)BomCR431

..... plaintiff who was one of the persons who submitted his tenders in this behalf and the same was accepted as per exhibit 119. a letter of indemnity was also issued on 3rd january 1972 as is admitted. 3. the respondent-plaintiff's work accordingly commenced with effect from 1st january 1972 and ..... rs. 3,578/- was claimed as entitled to be deducted from the plaintiff's bills because according to the defendant after the plaintiff terminated the contract with effect from 1st october, 1972, the defendant was required to engage the services of din mitra malvahatuk mazdoor sahakari society, a transport organisation for ..... the security deposit of rs. 4,200/-. this has already been dealt with earlier to hold that once it becomes an admitted fact that the contract stands terminated with effect from 1st october, 1972, the defendant would not be in a position to assert that the liability to make full the ..... any dispute of differences, what so ever, shall arise between the contractor and stores centre concerned, upon or in relation to or in connection with the contract, the same shall be referred to asstt. controller of stores, major stores 'a' , nasik road for the final ruling. however, the work shall ..... any dispute or differences, what so ever, shall arise between the contractor and stores centres concerned, upon or in relation to or in connection with the contract, the same shall be referred to asstt. controller of stores, major stores 'a', nasik road for the final ruling. however, the work shall be .....

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Mar 21 1991 (HC)

P.S. Offshore Inter Land Services Pvt. Ltd and Another Vs. Bombay Offs ...

Court : Mumbai

Decided on : Mar-21-1991

Reported in : [1992]75CompCas583(Bom)

..... respondent-company. in relation to the very same vessel, the anz singapore ltd. had granted foreign currency loan of us $ 9.6 million against guarantee and indemnity of the bank. (d) us $ 9.6 million amount of guarantee. (e) rs. 27 lakhs outstanding liability in respect of certain guarantees executed by the ..... petitioners emphasises the fact that the original transaction evidenced by the agreement dated 21st may, 1990, was in favour of the party named under the contract with a provision that the transaction should be completed in favour of the named buyer or its nominee and the nominee keeps on changing. mr. ..... consent of deepak fertilisers in view of the clause in the consent terms that the company shall not enter into any long-term or abnormal contract or undertake any obligation whatsoever except such as are in the usual, necessary, ordinary and proper course of its business or enter into any ..... . 1. right from the beginning, the said vessel could not be operated or used in the business of the first respondent-company as no contract was awarded by the ongc and it had to remain idle creating problems of operational expenditure, etc., as more particularly set out by the first ..... the petition that respondent no. 1 actively assists the oil and natural gas commission (ongc) in its oil exploration and off-shore drilling projects whenever contracts are awarded to the first respondent-company by the ongc. the first respondent-company owns three vessels for the purpose of its business, i.e., .....

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Dec 09 1991 (HC)

Stoplik Services (i) Pvt. Ltd. Vs. Rashtriya Chemicals and Fertilizers ...

Court : Mumbai

Decided on : Dec-09-1991

Reported in : 1992(1)BomCR684

..... would be so great as alters the obligation so substantially as to make it a different bargain. however, the term 'approximate' used in the said contract is to be read conjunctively with other terms agreed by and between the plaintiffs and the 1st defendants and incorporated therein, viz., 'this is very tentative ..... per month by the 1st defendants has been mentioned at 300 kgs. as agreed between the plaintiffs and the 1st defendants and incorporated in the said contract, the said figure of 300 kgs. is very tentative. actually, the quantity is agreed to depend on the requirement of the plant of the ..... from the date thereof, i.e. 27th september, 1989. however, as agreed between the plaintiffs and the 1st defendants and incorporated in the said contract the 1st defendants are to give their requirements of the types and sizes of the said goods to the plaintiffs on the basis of their monthly ..... any relief in the notice of motion.the term pertaining to quantity as agreed between the plaintiffs and the 1st defendants and incorporated in the said contract, reads as under:'the approximate quantity required per month for different styles packings is as under:- omc liquoredliquored style 8000 qty. 80kgs.omc liquored ..... . mr. zaiwala has further submitted that there has been no failure on the part of the plaintiffs to carry out their obligations under the said contract and as such, the 1st defendants are not entitled to invoke the said bank guarantee. in support of his submission, mr. zaiwala has put .....

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Sep 17 1991 (HC)

Auro Engg. Pvt. Ltd. Vs. R.A. Gadekar and Others

Court : Mumbai

Decided on : Sep-17-1991

Reported in : (1991)93BOMLR595; (1992)IILLJ693Bom; 1992(1)MhLj131

..... to be legal and justified, time and tide would not cease to flow, increments would not cease to be earned. the only consequence of the contract of employment being suspended, by way of lay-off strike or lock-out, would be that the employees would have no right to demand wages, ..... contravention of the provisions of the statute, which must be held to be part and parcel of the employment connect, amounted to breach of the employment contract itself, and therefore, there was unfair labour practice within the meaning of item 9 of schedule iv of the act. the industrial court was, however, ..... habbu decided to take the bull by the born, and contended that, in a situation of lay-off, there is suspension, of the contract of employment, and, therefore, there would be no automatic liability to pay increments, even if they are otherwise payable under a time-rated wage-scale prescribed ..... might be safely stated that a situation of strike, lock-out or lay-off, though it might suspend, pro tem, the contract of employment, does not introduce a discontinuity or description in the contract of employment. i am, therefore, unable to accede to the argument of mr. habbu, as, in my view, notwithstanding ..... by the contract of employment. he expounded his contention and submitted that the suspension of contract of employment could arise in a situation of lay-off strike or lock-out. in all such cases, according .....

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Jul 02 1991 (HC)

Suresh Nathmal Rathi and Others Vs. State of Maharashtra and Another

Court : Mumbai

Decided on : Jul-02-1991

Reported in : 1992CriLJ2106

..... property does not exceed two hundred and fifty rupees. cheating a person whose 418 the person cheated. 3 years. interest the offender was bound, either by law or by legal contract to protect. cheating by personation. 419 ditto. 3 years. cheating and dishonestly 420 ditto. 7 years. inducing delivery of property or the making, alteration or destruction of a valuable security ..... institutions of a country can be of more vital importance to its subjects than those which regulate the manner and conditions of forming and, if necessary of dissolving the marriage contract. american jurisprudence, page (section 12) 154 has the following to say : 'marriage is a relation in which the public is deeply interested and is subject to proper regulation and control ..... of spiritual as well as secular duties). thus, hindus conceived of their marriage a sacramental union, - a sacrosant, permanent, indissoluble and eternal union. for hindus, the marriage is not a contract, but it is a tie which once tied cannot be untied. 7. undoubtedly, marriage as a social institution is regarded solemn all over the civilized world. thus, marriage came to ..... application is hereby rejected.' the order below exh. 35 is 'in view of the order passed below exh. 34 this composition pursis is rejected.' 5. marriage, whether considered as a contract or sacrament, confers, a status of husband and wife on the parties to the marriage, of legitimacy on the children of the marriage, and gives rise to certain mutual rights .....

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Dec 05 1991 (HC)

Brooke Bond India Ltd. Vs. U.B. Ltd. and Others

Court : Mumbai

Decided on : Dec-05-1991

Reported in : 1992(2)BomCR429; [1994]79CompCas346(Bom)

..... view i have taken of the judgments of the learned single judge and the appeal judgment of our court, i consider myself bound to take the view that the securities contracts (regulation) act, 1956, is not intended to regulate private transactions in shares of public limited companies, not listed on the stock exchange. this contention also, therefore, fails. 40. during the ..... like pl, hl and mw, and, therefore, it cannot be specifically performed. that this is an argument of desperation is obvious. it is inconceivable that seasoned businessmen would enter into contract for transfer of shares and for transfer of assets of companies in which they hold controlling interest, unless they knew that they were capable of fulfilling the terms of the ..... have in law. ergo, the agreement was not intended to be specifically performed, is the submission of the plaintiffs. this argument also does not appeal. there is nothing in the contract which expressly precludes or bars the plaintiffs from seeking specific performance of the agreement. merely because return of earnest money deposit and interest are provided for, it is not possible ..... for specific performance, at least at their stage, is untenable, as the conditions requisite for complying with section 372 of the companies act have not been fulfilled, and, therefore, the contract cannot be specifically enforced at this point of time, and, hence, no interim relief should be granted. 23. the first contention is that, under section 293(1)(a), the board .....

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Dec 02 1991 (TRI)

Kasinka Trading Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-02-1991

Reported in : (1993)(65)ELT400Tri(Mum.)bai

..... of section 112. for appellants m/s.jaggat singh sons & bros., his finding is that they acted and abetted in the transaction by showing ante-dated contract, and for appellant mr. santokh singh, the finding is that he and officer mr. bhatia did not perform their duties as per rbi guidelines and ..... in the month of may, strong reliance is placed on the letter dated 17-4-1982 from the suppliers in the foreign country, confirming the contract entered into with their indian agents, and emphasis is laid on the point that the said letter mentions the letter of credit number with further ..... been antedated, the appellants have placed strong reliance, on the documentary evidence, including the letter dated 17-4-1982 from the foreign suppliers confirming the contract, where the number of letter of credit has also been mentioned, and have pleaded that letter of credit was opened on the date specified, and ..... unauthorised.20. it is also significant to note, that generally when policy provisions are changed, a saving clause is inserted protecting the imports, where firm contract/order has come into existence, prior to such changes or prior to some date as may be specified. if the licences issued prior to such ..... cegat wrb decision in gokuldas harbhagwandas v. collector of customs, 1987 (29) e.l.t. 379 (tri.) he pleaded that the date of firm contract would be the relevant date. the ld. advocate also pleaded that public notice, could not alter or amend the policy provisions so as to affect licences .....

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Dec 02 1991 (TRI)

Jaggat Singh Sons and Bros. and Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-02-1991

Reported in : (1993)(44)LC287Tri(Mum.)bai

..... of section 112. or appellants m/s.jaggat singh sons & bros., his finding is that they acted and abetted in the transaction by showing ante dated contract, and. for appellant mr. santokh singh, the finding is that he and officer mr. bhatia did not perform their duties as per rbi guidelines and ..... in the month of may, strong reliance is placed on the letter dated 17.4.1982 from the suppliers in the foreign country, confirming the contract entered into with their indian agents, and emphasis is laid on the point thai the said letter mentions the letter of credit number with further endorsement ..... been ante dated, the appellants have placed strong reliance on the documentary evidence, including the letter dated 17.4.1982 from the foreign suppliers confirming the contract, where the number of letter of credit has also been mentioned, and have pleaded that letter of credit was opened on the dale specified, and ..... unauthorised.20. it is also significant to note, that generally when policy provisions are changed, a saving clause is inserted protecting the imports, where firm contract/order has come into existence, prior to such changes or prior to some date as may be specified. if the licences issued prior to such ..... 5.4.1982 and placing reliance on the cegat wrb decision in gokulda.s ilarbhagwandas v. collector of customs he pleaded that tiie date of firm contract would be the relevant dale. the ld. advocate also pleaded that public notice, could not alter or amend the policy provisions so as to .....

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