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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 9 of about 1,401 results (0.063 seconds)

Nov 27 1958 (HC)

Vanguard Fire and General Insurance Co. Ltd. Vs. Sarla Devi and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H297

..... open to him under the law. after the liability of the assured had thus been fixed the assured became entitled to enforce the contract of insurance by claiming indemnity for the loss sustained by him. in view of (his legal position sometimes courts stayed execution or decrees passed against the assured during ..... the pendency of thesuit filed by the assured against the insurers for indemnity under the contract of insurance.in a suit between the assured and the insurers the latter could raise all defences open to them in law under the ..... as defendants on the ground that they were ultimately liable to pay the compensation fixed between the injured and the assured person by virtue of contract between them. the person injured had no redress against the insurers and had no right in respect of the money paid to the assured under ..... or vicariously responsible for the injury. the third person cannot be held to be an assured person simply because the insured had undertaken under the contract of insurance to indemnify the assured. the legal position has been described in halsbury's laws of england, second edition, volume 16, para 879 ..... happening of perils specified m the agreement.in the accident insurance the sum becomes payable to the assured on the happening of any event specified in the contract. such an insurance may be sub-divided into (a) personal accident insurance, (b) property accident insurance and (c) liability insurance. a policy .....

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Jan 29 2013 (HC)

Sandeep S/O Lal Chand and Another Vs. the Oriental Insurance Company L ...

Court : Punjab and Haryana

..... learned counsel is appearing for the insurer is unable to show to me any particular clause in the contract of insurance as having been violated. the tribunal ought to have provided for a full right of indemnity to the owner and the driver under the contract of insurance. the award stands modified and the insurance company shall take full liability which has been ..... cast on the owner and driver. they shall be entitled to full indemnity thereof. the appeal is allowed. [k.kannan].th 29 january, 2013 .....

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Jul 22 2015 (HC)

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

..... ('rights') and to execute all the documents necessary to carry out, facilitates and enforce the rights in the property including to execute lease agreement, licence agreements,construction contracts, supplier contracts, agreement for sale, conveyance, mortgage deeds, finance documents and all documents and agreements necessary to create and register the mortgage, conveyance, lease deeds, licence agreement, power ..... transaction, a transferee like a developer is allowed to undertake development work on the land by assuming general control over the property in part performance of the contract. the date of that transaction determines the date of transfer. the actual date of taking physical possession or the instances of possessory acts exercised is not very ..... transfer of immovable property ; the transferee should have taken possession of the property ; lastly, the transferee should be ready and willing to perform his part of the contract. that even arrangements confirming privileges of ownership without transfer of title could fall under section 2(47)(v). section 2(47) (v) was introduced in the act ..... of attorneys, affidavits, declarations, indemnities and all such other documents, letters as may be necessary to carry out, facilitate and enforce the rights and to register the same .....

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Sep 11 2013 (HC)

Present:- Mr. Ashwani Talwar Advocate Vs. Shanti Devi and Others

Court : Punjab and Haryana

..... to him in the relation of a contractor from whom the workman could have recovered compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.3. nothing in this section shall be construed as preventing a workman from recovering compensation kadian savita 2013.09.16 ..... section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the right to and the amount of any such indemnity shall, in default of agreement be settled by the commissioner. however, a perusal of the impugned order would show that competent authority has failed to discuss the issue involved as ..... . i have heard learned counsel for the parties and perused the impugned order. at this stage, it is useful to refer to section 12 of the act, which reads thus:- contracting- 1. where any person (hereinafter in this section referred to as the principal) in the course of or for the purpose of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work .....

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Mar 10 2014 (HC)

iffco Tokio General Insurance Company Ltd. Vs. Sudesh and Others

Court : Punjab and Haryana

..... also to take note of an objection given by the owner, namely, the principal of the school who was admittedly the registered owner of the vehicle that he held a contract with the third party by name sanjeev sharma who had undertaken liability to satisfy any claim that was made during the time when he was operating the bus. sanjeev sharma ..... had not been made as a party in the proceedings and any contract between the registered owner with his own contractor will be worked out as inter-se dispute between them and they cannot hold up an adjudication for a third party claim ..... no provision of law in the manner canvassed by the counsel appearing for the owner that he had full right of indemnity. i therefore, set aside the finding of the tribunal that the insurance company is bound to provide full indemnity to the owner and the driver. as far as the liability of the insurer for a claim by a third party .....

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Jul 14 1997 (HC)

The New India Assurance Co. Limited Vs. Simmar Singh, Driver and ors.

Court : Punjab and Haryana

Reported in : II(1997)ACC623; 1999ACJ80; (1997)117PLR320

..... 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 indemnity the latter to the extent indicated in the policy, i.e. for rs. 50,000/-. thus, in the peculiar circumstances of this case, even ..... 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 itself that there is an indemnity in his favour to the extent of rs. 50,000/-. the rigour of the ratio of shri ajit singh's case (supra) cools down on the peculiar facts of this .....

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May 14 2014 (HC)

Union of India Vs. M/S. Ramesh Kumar Garg and Another

Court : Punjab and Haryana

..... by mr.bansal since the contractor is obliged by law to pay the higher wage to the labour employed by it in execution of the works contract. if he paid the higher wages more than the ones which was tendered would cause wrongful loss to him for which he deserves to be ..... the accuracy and integrity of this document chandigarh fao no.2909 of 2014 (o&m) -2- (b) the contractor shall notwithstanding the provision of any contract to the contrary, cause to be paid a 'fair wage' or minimum wage fixed under the minimum wages act whichever is higher to labourers indirectly engaged ..... award failed. the union of india is in appeal. the dispute in the present appeal is restricted to claim no.6 under appendix 'b' of the contract agreement which relates to payment of fair wage. clause 58 of the agreement deals and defines what is 'fair wage; and reads as follows:- 58. fair ..... . to be referred to the reporters or not?. 2. whether the judgment should be reported in the digest?. rajiv narain raina, j.(oral) the works contract was floated by tender dated september 20, 1991 by the appellant which was awarded to the respondent. disputes arose between the parties which were referred to arbitration. ..... the observance of the regulations aforesaid without prejudice to his right to claim indemnity from his sub- contractors.(f) the regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be a breach of this contract. . the dispute with respect to the present claim arose from a .....

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May 25 1960 (HC)

State of Punjab Vs. Hindustan Development Board Ltd.

Court : Punjab and Haryana

Reported in : AIR1960P& H585

..... neither gratuitous nor forbidden by law, the party at fault will be required by law to disgorge the benefit. in the case of quasi-contracts law imposes an obligation in utter disregard of the parties' intention. such a relationship does not appeal upon a promise or privity. the obligation ..... determines the scope, uninfluenced by the manner in which the analogous provision is construed in english law.the language of the provisions of indian contract act cannot be enlarged, or construed narrowly, or, otherwise modified, in order to bring the construction in accord with the scope and ..... of s. 70 are based on the doctrine of quantum meruit of english common law but the rule as embodied in the indian contract act admits of liberal interpretation. when a rule of english law receives a statutory recognition by indian legislature it is the language of ..... for it. so, also, where either party to an express contract is injured, or the labor or expense sustained by him in doing the work is enhanced by the neglect or omission of he other, an implied promise of indemnity therefor will arise, additional to the express agreement. so, also, ..... if entire performance, according to the express agreement, be rendered impossible through the fault of either party, the party in fault will be liable on a quantum meruit, or other action on the case, the compensation being graduated as far as possible by the terms of the express contract .....

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Jan 27 2014 (HC)

Rajesh Kumar and Another Vs. Ramesh Kumar and Another

Court : Punjab and Haryana

..... issued by the district transport authority showing that he had a license to drive a light motor vehicle was sufficient to cover the risk and make available the right of indemnity to the insurer. this argument, in my view, is erroneous, for, a light motor vehicle as defined under the motor vehicle's act on the basis of tonnage of weight ..... error in the reasoning of the tribunal to make an intervention. the award insofar as it casts the liability on the owner/driver and deny to them the right of indemnity for proven act of breach of contract of policy of insurance. 3. the appeal is dismissed. (k. kannan) judge january 27 , 2014 archana .....

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Feb 21 1958 (HC)

Raj Spinning Mills Vs. A. and G. King Ltd., Raglan Mills, England

Court : Punjab and Haryana

Reported in : AIR1959P& H45

..... but because the plaintiff had refused to make payments of the drafts, the midland bank recovered back all the payments made in terms of certain indemnity agreements executed by the defendant.4. as a result of what has been stated above,the decision of the trial court must be affirmed.the ..... bills on presentation of the proper documents constituted a repudiation of the contract as a whole, and that the plaintiffs were entitled to damages so reckoned. it was observed by row-latt j. --'.......... the defendants undertook ..... invoices included some increase in the purchase price, and they refused to pay the bill presented on the next shipment. the plaintiffs cancelled the contract claiming damages from the defendants.it was held that the credit being irrevocable, the refusal of the defendants to take and pay for the particular ..... about the expenses incurred on the dismantling and packing charges had not been sent to him, as was required under the terms of the contract, was considered and the trial court held that there had been non-compliance with the stipulation with regard to furnishing of details and invoices ..... that the plaintiff was entitled to recover the amount paid as advance money apart from the loss and damage caused by failure to perform the contract.the defendant pleaded that the entire machinery had been despatched in four lots in accordance with the instructions of the plaintiff, the particulars of .....

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