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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 10 of about 1,401 results (0.064 seconds)

Sep 20 1960 (HC)

Lakshmi Insurance Co. Ltd. Vs. Bibi Padma Wati

Court : Punjab and Haryana

Reported in : AIR1961P& H253

..... insurance is in its nature aleatory, voluntary, executory, synallagmatic, conditional, and personal, and, except as to life and accident that it is one of indemnity'. (vide 1 couch on insurance page 5). the contract is aleatory, in so far as it depends upon a contingency, against the occurrence of which, it is intended to provide, though in certain events such ..... applicant for life insurance has to exercise towards the insurer, to whom he applies, the same degree of good faith which he himself rightly expects from him. in contracts uberrimae fidei, contracting parties are placed under a special duty towards each other, not merely to refrain from active misrepresentation but to make full disclosure of all material facts within knowledge. in ..... preference to fair, natural, reasonable and practical interpretation. construction which is liberal rather than literal, has to be favoured, always understanding the words and phrases in the contract in their ordinary and popular sense. 25. the rule of construction against the insurer and favourable to the insured, stems fromwhat otherwise is called, the rule of contra proferentem, ..... conditions. these provisions are construed strictly against the insurer but, where the meaning of the language used is plain, no violence can be done to the terms of a contract by refining them away, if they convey the plain meaning of the purpose, with sufficient clarity. any arbitrary, irrational, unnatural or technical construction has to be avoided in .....

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Nov 04 1959 (HC)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Reported in : AIR1960P& H236

..... period less than that allowed by the statute of limitation the time of claim rested and was maintainable, was that by the contract of the parties the right to indemnity in case of loss and the liability of the company thereof did not become absolute, unless the remedy was sought within the ..... the aforesaid provision in the contract act. it would be useful at this stage to advert to some of the well settled principles which are applicable to such cases on the ..... was intended to provide for such clauses only, clause (b) becomes wholly redundant in view of the provisions contained in section 23 of the contract act because any condition or covenant in a policy directly curtailing the period of limitation as provided in the limitation act would be struck down by ..... the limitation act the suit must be dismissed if instituted after the expiry of the prescribed period and the waiver is wholly ineffective. (4) a contract may contain within itself the elements of its own discharge express or implied for its determination in certain circumstances. (5) as the clause does not ..... provided by article 86 of the limitation act. it was urged that the condition curtailing the period of limitation was void under section 28 of the contract act. chandavarkar, acting c. j. observed while considering the argument that the deceased had agreed to lessen the period prescribed which he could not .....

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Jan 30 2014 (HC)

National Insurance Co. Ltd. Vs. Rita Goyal and Others

Court : Punjab and Haryana

..... accuracy and integrity of this document high court chandigarh fao-6041-2011 (o&m) 3 cannot be the recipient of the compensation. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. from ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms shanker gauri 2014.02.07 09:57 i attest to the accuracy and ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

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Feb 10 2014 (HC)

United India Insurance Co. Ltd. Vs. Sidharat Raju and Others

Court : Punjab and Haryana

..... -1665-2010 (o&m) 3 as the deceased borrowed the car from the owner, he stepped into the shoe of the owner. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. the ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms thereof. it was held in the said decision that section 163- a of ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

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Aug 26 2015 (HC)

Commissioner of Income-tax (TDS), Chandigarh Vs. Ivy Health Life Scien ...

Court : Punjab and Haryana

..... entitled to collect the amount to be shared between the two. however, there is no such clause for regularly employed doctors. (g) the consultant doctors were required to take professional indemnity insurance on their own. (h) the consultant doctors were not employed by service rules and regulations but they were expected to follow the code of conduct and ethics of doctors ..... independent professionals. the amounts paid to them did not amount to salary. similarly, in relation to other doctors where the remuneration was variable and there was a written contract or no written contract, it was recorded that the amounts paid to them did not amount to salary. it was observed that it will depend upon facts and circumstances of each case after ..... case of doctors with fixed pay and tenure, the amount paid to them constituted salaries. in relation to the second category of doctors drawing fixed plus variable pay with written contracts, after noticing the terms and conditions, the conclusion of the tribunal was upheld that neither of the doctors was entitled to provident fund or any terminal benefits. both were free ..... are some doctors who attend the hospital on call. thus the respondent has employed these professional doctors as their employees to provide full time services to the patients as per contract for service entered with them. the respondent company deducted tax under section 194j of the act from the payments made to them treating the payments as professional fees instead of .....

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Feb 07 2014 (HC)

Pritam Bus Service (P) Ltd. Vs. Mangal Singh and Others

Court : Punjab and Haryana

..... . whether the judgment should be reported in the digest?.k.kannan, j (oral).1. the point involved in both the cases was whether the owner would obtain a right of indemnity for the damage caused to the vehicle and for injuries to the claimant. the insurance company had a defence that after a cover note was issued the details of vehicle ..... to a bank, who stands in the position of the owner will have a right to proceed independently for any breach of duty of care or obligation brought under any contract. it shall not be possible to make the insurer liable in a situation where there had been a cancellation of policy before the liability arose on account of accident. 2 ..... remedy taking this decision as creating the commencement of all causes and actions and proceed against the banker if a case is made that there had been any breach of contract by the banker to the owner. (k. kannan) judge february 7, 2014 archana

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Sep 09 1954 (HC)

Newzealand Insurance Co. Ltd., Jullunder City Vs. Nagpal Hosiery Facto ...

Court : Punjab and Haryana

Reported in : AIR1955P& H113

..... millers insurance co. ltd.', 1915 ac 499 (b), is a classic example of this kind of repudiation. in this case a claim was made for indemnity for the loss of goods by fire under a policy the conditions of which provided (1) that if the claim were fraudulent or if the loss ..... as pointed out by lord sumner in- macaura v. northern assurnace co., 1925 ac 619 at p. 631 (a), 'the defendants could not both repudiate the contract 'in toto' and require the performance of a part of it which only became performable when liability was admitted or esta-' blished'.the case -- 'jureidini v ..... , or by omitting to demand arbitration within a reasonable time, or by obstructing or delaying the arbitration proceedings, or by repudiating liability under the principal contract.5. now an insurance company may repudiate its liability under a policy in two different ways. it may, for example, deny all liability under the ..... arbitrator appointed in accordance with the terms of the contract. it is equally clear that when the parties agree to submit their disputes to a domestic tribunal of their own choice, and when arbitration ..... been exercised in accordance with recognised judicial principles.4. it is an accepted principle of law that it is open to the parties to a contract to agree in advance that no right of action shall arise thereon until the matters in controversy have been referred to and ascertained by an .....

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Apr 28 1959 (HC)

Grison Knitting Works Vs. Laxmi Commercial Bank Ltd. and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H98

..... and other cases which have followed it and i have preferred the interpretation of the pharase 'reasonable notice of the sale' occurring in section 176, indian contract act, which is in accord with the view expressed by american judges on analogous law. it is true that the english and the american authorities referred to ..... had consulted the pledgor who was agreeable to the transfer of the shares by the pledge, the question of notice under section 176 of the indian contract act does not arise, as the pledgor's consent to the proposed transfer is already obtained. on this consideration also the argument pressed on behalf of ..... for the defendants says that this approach of the learned judges, on comparison of the language of section 176 and the previous section 107 of the indian contract act, is not correct, and in fact when the two sections are considered together, they support rather his argument. it has already been pointed out ..... for the defendants contends is that if the notice contains anything more than that has reference to the provisions of the section 176 of the indian contract act, then the form of the notice must be taken as defective and notice as not valid according to the section.in this particular case the ..... not redeemed within the stipulated time, by a due performance of the contract for which it is a security, the pawnee has then a right to require a sale to be made thereof, in order to have his debt or indemnity.if there is no stipulated time of the payment of the debt, .....

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Nov 12 1951 (HC)

Mohammad Ismail Vs. Hakim Syed HussaIn and ors.

Court : Punjab and Haryana

Reported in : AIR1952P& H298

..... 's transfer of property act the words 'in the absence of a contract to the contrary' have been construed in the following words: 'the implied conditions enumerated in this section are supplemented or varied in actual practice by numerous particular conditions. such conditions ..... as well as azizud din, according to section 55 of the transfer of property act, the princi-pals of which apply to this state, 'the seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same'. at page 339 in mulla ..... was misled by the fact that in the deed of sale particularly in that clause which dealt with indemnity the words were--'then we the vendors, i.e., i executant no. 1 will be answerable therefor'. the rule of construction in regard to these contracts is what i have quoted from mulla's transfer of property act, and therefore the plaintiff was .....

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Apr 30 1973 (HC)

Commissioner of Wealth-tax Vs. Yuvraj Amrinder Singh

Court : Punjab and Haryana

Reported in : [1974]96ITR101(P& H)

..... of premiums for a term dependent on human life and shall be deemed to include-- (a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, (b) the granting of annuities upon human life, and (c) the granting of superannuation allowances and annuities payable out of any ..... provisions of section 5(1)(vi) of the wealth-tax act as it is. their lordships, during the course of the said judgment, observed that the contract of insurance between the assessee's father and the life insurance corporation must be read as a whole and, therefore, the main purpose to be achieved by ..... by him to effect an insurance on his life, or on the life of a wife or husband of the assessee or in respect of a contract for a deferred annuity on the life of the assessee or on the life of a wife or husband of the assessee or as a contribution to ..... to effect an insurance on the life of the assessee or on the life of a wife or husband of the assessee or in respect of a contract for a deferred annuity on the life of the assessee or on the life of a wife or husband of the assessee, or as a contribution to ..... ) of this section defines 'life insurance business' in the following terms : '2. (11) 'life insurance business' means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, and .....

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