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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 11 of about 1,401 results (0.052 seconds)

Jan 20 1983 (HC)

Oriental Fire and General Insurance Co. Limited Vs. Harbans Kaur and o ...

Court : Punjab and Haryana

Reported in : [1986]59CompCas25(P& H)

..... cas 28(p & h) [fb], where it was held that the very cornerstone of a contract of insurance was the principle of indemnity and thus under the general law, no right would accrue to any third party under such a contract. in a contract of insurance, privity of contract was strictly between the insurer and the insured and, therefore, under the general law, in a ..... insured. with this being the correct legal position, there can be no escape from the view that on the death of the insured, the liability of the insurer under the contract of insurance must come to an end.13. in dealing with this matter, the provisions of section 102 of the m.v. act must now be adverted to. they provide ..... by the authorities referred to above cannot be subscribed to and 1 am, with respect, constrained, therefore, to take a contrary view.12. the matter regarding the nature of a contract of insurance came up for consideration before the full bench in oriental fire and general insurance co.'s case [1982] plr 280; air 1982 p & h 267 ; [1984] 55 comp .....

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May 27 2009 (HC)

Shri Neelam Oswal Vs. Science India Com. Pvt. Ltd. and ors.

Court : Punjab and Haryana

Reported in : (2009)156PLR117

..... is completely in-charge of the premises and he had safeguarded the rights of the defendants, in case of any damage, loss or harm by executing a guarantee deed and indemnity bond in favour of defendant no. 1. as per the clause 22, upon signing of the agreement to sell the plaintiff was to appoint the board of directors of the ..... breach of contract. now after four years of the agreement, the, plaintiff on a threat being given by the defendants to dismantle, remove and carry the plant and machinery lying in the factory ..... , r/o a-129, new friends colony, new delhi and who shall be the sole arbitrator and a decision by him shall be final and binding upon both the parties.indemnity bond was also executed in terms of the agreement by the plaintiff in favour of all the defendants to indemnify later for any loss which he suffers on account of .....

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Jul 12 1951 (HC)

Chiranjiv Lal and ors. Vs. the Tropical Insurance Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1952P& H63

..... insurance co. ltd.' 1915 a c 499. the facts of that case are not very dissimilar to the present one. a claim was made for indemnity for the loss of goods by fire under a policy, one of the conditions of which provided that if any difference arose as to the amount of ..... 16. in 'shriram hanutram v. mohanlal & co.', air (27) 1940 bom 93, kania, j., observed at page 94 :'if the fact of the contract itself is disputed the arbitrators cannot decide the point, and the court in the normal course would refuse a stay.'17. in the present case the defendant company ..... he had obtained such an award, the plaintiff could not complete his case. it was held that 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 established. the present case is the ..... lords in 'macaura v. northern assurance co. ltd.', 1925 a c 619. at p. 631 lord sumner said :'there persons, who had repudiated the whole contract of insurance, afterwards relied on a limited arbitration clause contained in it, which required the amount payable to be determined by arbitration, and said that, until ..... preferable to proceeding in the courts; and accordingly that is one of the things which the appellantshave, according to the respondents, forfeitedwith every other benefit under the contract. * * * when the case went to trial it was beard before darling j. and a special jury, and the jury found that the case of .....

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Feb 04 1986 (HC)

Puran Chand Vs. Balbir Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H1; [1987]61CompCas763(P& H)

..... amendment of the written statement is not allowed and the cross-objections are not allowed to be amended. it is the case of the insured himself that there is an indemnity in his favour to the extent of rs. 50,000/-. negatively put, he owns the liability over and above rs. 50,000/-. the rigour of the ratio of ajit singh ..... brought on the record and once it is on record and admitted in evidence, its terms cannot be lightly ignored. all what it says is that there is a subsisting contract between the insurer and the insured that the former has agreed to indemnify the latter to the extent indicated in the policy, i.e., for rs. 50,000/-. thus, in .....

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Sep 02 2011 (HC)

M/S Commando Caterers Private Limited Vs. Chandigarh Administration an ...

Court : Punjab and Haryana

Reported in : 2011(4)PunLR575; 2012(2)RCR(Civil)19

..... . the agreement, if it gets to be executed, may specify, inter alia, the fee payable for utilizing public places as well as, provision for indemnity by the petitioner for any claim against the administration by any guest utilizing the facility. the petitioner could make the necessary application for grant of licence during ..... 3 that reads "at no place permission continuously for more than 3 days will be granted" which is ordered to be removed, if a contract is entered in to between the parties. the authorities shall be at liberty to enter into memorandum of agreement with petitioner containing the stipulations of the ..... shall be consequently no relief also for ordering any enquiry or investigation against the 4th respondent for his role in not finalizing the contract. 15. i do not find any error in the order passed by the finance secretary, except the condition relating to the maximum number of ..... such a communication on 15.09.2009, contemplated the execution of a memorandum of understanding in future and therefore, it is evident that no concluded contract had emerged and it is not possible for the petitioner to enforce his own assumed rights. i would, therefore, hold that the places mentioned in ..... accede to a prayer that the respondents shall enter into a mou with the petitioner by a writ of mandamus. since there is no binding contract, the allegation of mala fides against the 4th respondent does not arise for not approving of the sites for locating the sky event. there .....

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May 01 1962 (HC)

Sardara Singh Narinjan Singh Vs. Sub Divisional Officer, Chandpur and ...

Court : Punjab and Haryana

Reported in : AIR1963P& H217

..... rupar, consequently, referred the matter to the commissioner under the workmen's compensation act for determining the dispute about the right of the government to seek indemnity. according to m/s. mohinder singh gur-bachan singh the truck in question at the time of the accident, was working under the control and ..... was in the course of the ordinary business ortrade of the government and the government was,therefore, principally liable. as the state government had given the contract for doing the lining work to m/s. sardara singh niranjan singh andthe bajri was being brought for their work andthey are, therefore, liable to ..... m/s. sardara singh niranjan singh. if the truck was not under their exclusive control, then the supply of bajri was obviously made on a contract basis. it was up to m/s. sardara singh niranjan singh to arrange for the supply of the bajri, and instead of doing it themselves ..... to be the owners of the truck of the persons working the truck. it may be mentioned here that mohinder singh gurbachan singh had also the contract of lining the canal over a portion of the canal. mohinder singh gurbachan singh got (sic) notice issued to the government under (sic)civil procedure code, ..... facts giving rise to these firs-appeals from order may briefly be stated as follows: the work of lining of nangal hydel channel was given on contract basis to a number of contractors. certain portions of the canal were entrusted to each one of the various contractors. the portion between ed 157375 .....

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Feb 06 2013 (HC)

Shish Pal Sharma Son of Ram Kumar Resident of Village Vs. United India ...

Court : Punjab and Haryana

..... tribunal as not tenable and hold that the insurance company is bound to indemnify the insured under the contract of policy and the absence of a particular route permit cannot absolve the liability of the insurance company and deny the owner the right of indemnity. the provision for a right of recovery granted to the insured is not tenable in law. it .....

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Jan 08 2014 (HC)

National Insurance Company Ltd. Vs. Sarita and Others

Court : Punjab and Haryana

..... in any damage or injury to the third party, the insurance company would have been still answerable for the consequences of such an accident. this clause will therefore provide for indemnity to the owner for any claim arising at the instance of the third party or any damage resulting to the vehicle itself. it shall not give rise to a claim ..... himself and therefore the question of providing a cover under personal accident cover does not arise in the very nature of things. personal accident cover must be understood as a contract between the insurer and the insured for anything personal to the insured. the liability cannot be fastened on the insurance company for any person other than the insured under the .....

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Sep 11 2015 (HC)

St. Soldier Limited Vs. Pushpinder Kumar

Court : Punjab and Haryana

..... . if such liability which is statutory in nature were to be transferred to an apartment owner, there ought to be specific contract between the coloniser and an apartment owner making possible a recovery which is in the nature of indemnity for a coloniser. i have not been shown through any particular clause which is the most crucial thing in this case. if ..... of the punjab apartment and property regulation act, 1995, the liability for payment of external development charges was only on the developer of a colony and there had been no contract any point of time to incur the expenditure by the apartment owner. the trial court dismissed the suit but in the appeal, the appellate court made reference to a statutory .....

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Sep 07 1993 (HC)

Rikhi and anr. Vs. Smt. Sukhrania and ors.

Court : Punjab and Haryana

Reported in : 1995ACJ288; (1994)107PLR160

..... if the original policy-holder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurer cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him.'9. this view was reiterated in ..... . since the intimation was not given in terms of the provisions of section 103-a of the 1939 act, the insurer cannot be held liable. the privity of contract which flows form the contract of insurance is between the insured and the insurer. the insurer can transfer the certificate of insurance alongwith transfer of the vehicle if he complied with the provisions ..... has to be decided under the provisions of the 1939 act. section 103 of the 1939 act envisages that an insurer issues a certificate of insurance in respect of a contract of insurance between it and the insured person. section 103-a of the 1939 act further says that where a person in whose favour the certificate of insurance has been .....

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