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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 4 of about 1,401 results (0.041 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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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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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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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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