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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: rajasthan Page 1 of about 943 results (0.043 seconds)

May 14 1971 (HC)

Shankarlal Vs. Chimanlal and ors.

Court : Rajasthan

Reported in : 1971WLN163

..... as well as the defendants. the above suit was decreed only against the plaintiffs but was dismissed against the defendants because it was held that there was no privity of contract between the maharaja of kishengarh and the defendants. maharaja of kissinger in execution of the decree recovered from the plaintiffs rs. 7000/- on 26th april, 1968, rs. 4000/- on 3rd .....

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Apr 11 1958 (HC)

Janwatraj Vs. Jethmal

Court : Rajasthan

Reported in : AIR1958Raj343

..... the application of article 83 in this series can be resisted so far as the present case is concerned.as already held above, the suit contract was a contract of indemnity, and the plain language of this article clearly seems to me to apply to it. the period of limitation provided with reference to this article ..... the same upon umar bhai's default. in other words, the plaintiff was undoubtedly damnified. it may be that this damnification occurred not on the date the contract of indemnity was executed, that is, the 20th august, 1947, but later, and if that is so, it is enough to say that if the suit is ..... be within time. it is, however, contended that the time from which the period has been prescribed to run under this article is not when a contract of indemnity may have taken place, but when the plaintiff is in actual fact damnified or put to loss.what is argued is that the plaintiff gave his ..... himself, or by the conduct of any other person, is called a contract of indemnity'.'section 128 lays down, with respect to the liability of a surety, that it is co-extensive with that of the principal debtor, unless it is ..... person to whom the guarantee is furnished. it would be convenient to give at this place the definition of a contract of indemnity also, vide section 124 of the contract act. the definition is this :'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor .....

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Oct 30 1981 (HC)

Motor Owners Insurance Co. Ltd. Vs. Khet Pal Singh and ors.

Court : Rajasthan

Reported in : AIR1983Raj83

..... took place, the property in the vehicle vested in the purchaser, how could the insurance company be made liable on the basis of a contract of indemnity entered into with the seller? the circumstance that the purchaser had not paid part of the purchase price is irrelevant for the purpose, because ..... high courts, some of which i have endeavoured to refer to above and it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the motor vehicle, ..... comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the ..... an interest in that car. an insurance policy being a contract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. therefore, the motor ..... cases were accepted and the following observations were made (at p. 167):--'it is well settled that a conlract of insurance is nothing but a contract, of indemnity. the policy issued is with reference to a specified car, owned by the policy-holder and consequently the policy will remain effective while he retains .....

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Sep 24 2003 (HC)

United India Insurance Co. Ltd. Vs. Madho Singh and ors.

Court : Rajasthan

Reported in : 2005ACJ1653; AIR2004Raj131

..... of policy. this is one aspect of he matter. the more important aspect of the matter is that, even in entering into such a contract, if it is found that the indemnity is undertaken to indemnify for the loss, resulting from any act done, or allowed to be done, by the insured, which falls within any of the categories ..... insurance cover is required to be obtained complying with the requirements of the chapter, and the requirements of the chapter include the requirements enumerated in section 147. thus, the contract of insurance is, of indemnity, undertaking to indemnify the insured, in the event of his suffering any of the liabilities required to be indemnified by section 147, and the consideration of the ..... contract of indemnity is payment of premium by the insured, and in addition to comply with such of the requirements of the act as are incorporated in the policy, as permissible specified conditions ..... . thus by virtue of the provisions, and philosophy, of section 23 of the contract act if the liability of the insured arises as a result of violation of such provisions, which has been made punishable with imprisonment, in that event the insured cannot be allowed to claim indemnity, nor can the insurer be compelled to indemnify, on account of it having issued .....

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Apr 08 1987 (HC)

New India Assurance Company Ltd. Vs. Smt. Sheela Rani and ors.

Court : Rajasthan

Reported in : 1989(2)WLN256

..... without notifying the insurer in the prescribed from under section 103-a of the act the insurance being contract of indemnity when the insurer is no longer owner of the vehicle, the contract fails and lapses. such a contention is open to the insurer in a claim against the insurance company ..... the name of insured owner who has transferred the vehicle prior to the date of accident on the ground that its contractual liability to indemnity the transferee of the vehicle as he was left with no insurable interests from the date of the transfer effected in his favour an ..... the accident happened due to the negligence on the part of the transferee and the insurance company was not liable; it cannot contend that its contract is with transferor and it is not responsible to redeem the compensation payable, by the transferee; because such defences are not contemplated under section ..... the case of new asiatic insurance company and held that the insurance company was not liable to indemnify the transferee as there was no subsisting contract between the insurance company and the transferee.8. learned counsel shri g.c. mathur appearing for the claimants-respondents, on the other hand, ..... vehicle covered by the insurance policy before the date of accident without intimation to the insurer. it was held that there being no subsisting contract between the insurance company and the transferee the insurance company was not liable to indemnify the transferee and therefore, the claimants were not entitled .....

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Nov 29 1976 (HC)

Automobiles Transport (Rajasthan) Pvt. Ltd. and anr. Vs. Dewalal and o ...

Court : Rajasthan

Reported in : AIR1977Raj121

..... of a vehicle, the policy comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the insurance company. in view ..... amount for the relevant period.(6) in a claim for damages for death under section 110-b of the act, as it now stands, sums payable on death under any contract of social assurance or insurance are to be disregarded, but the reasonable prospect(s) of receiving benefits such as compulsory employers' insurance, whether contributory or non-contributory gratuity and pension ..... insurance company is limited only to rs. 2,000/-. the liability of the insurer cannot exceed the one that is provided in the statute, unless there is a contract to the contrary. no such contract has been brought to our notice. the insurer had specifically taken this plea and the tribunal, therefore, appears to have fallen into error by fixing the liability .....

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Nov 08 1976 (HC)

Automobile Transport Pvt. Ltd. Vs. Dewalal and ors.

Court : Rajasthan

Reported in : 1976WLN783

..... of a vehicle, the policy comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the insurance company. in view ..... relevant amount for the relevant period.(6) in a claim for damages for death under section 110b of the act as it now stands, sums payable on death under any contract of social assurance or insurance are to be disregarded, but the reasonable prospect(s) of receiving benefits such as compulsory employers' insurance, whether contributory or non-contributory gratuity and pension ..... the insurance company is limited only to rs. 2000/-. the liability of the insurer cannot exceed the one that is provided in the statute, unless there is a contract to the contrary. no such contract has been brought to our notice. the insurer had specifically taken this plea and the tribunal, therefore, appears to have fallen in to error by fixing the .....

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Feb 16 1959 (HC)

Hazari Lal Vs. Hari Ram

Court : Rajasthan

Reported in : AIR1959Raj153a

..... 34 mad 167, thought that article 83 can be made applicable only to a case where there is an express contract of indemnity and because the duty of principal under section 222 of the contract act, to indemnify the agent is an obligation imposed by law and is attached to the relation of principal and ..... barred. besides the above ruling, there is a string of rulings of lahore high court in which it has been held that article 83 of the contract act applies to the case of an aratia suing for the money spent on behalf of his principal. the earliest ruling is that of punjab chief ..... plaintiff filed a suit for the recovery of the said amount. it was observed:'once the relationship of principal and agent is established, section 222, contract act, comes into operation. the obligation of the principal to indemnify the agent, therefore, flows from the nexus of the principal and agent. it is a ..... to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. the contract of agency, therefore, implies a contract by the principal to indemnify the agent against the consequences of all lawful acts done by such agent in exercise of the authority conferred ..... the present case, and not article 61. article 83 is a special article which applies to the case of a suit upon any contract to indemnify, other than a contract covered by article 81, or article 82 which apply respectively to a suit by a surety against a principal-debtor and by a surety .....

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Aug 06 1958 (HC)

Surajmal and ors. Vs. Doongarmal and ors.

Court : Rajasthan

Reported in : AIR1959Raj27

..... to be of a wagering nature, we have no hesitation in saying that there can be no question of the collateral contracts whether of indemnity or otherwise being bad because the principal contracts are not of wagering nature at all. we, therefore, reject this contention also.18. we now proceed briefly to ..... and no suit shall be allowed in any court of justice for recovering any sum of money paid or payable in respect of any such contract or contracts or any such agreement or agreements as aforesaid.''30b. no suit shall be allowed in any court of justice for recovering any commission, brokerage ..... these provisions can be called into operation, the principal transactions in respect of which the brokerage, commission or losses etc. are claimed must be proved as wagering contracts. see sassoon v. tokersey, ilr 28 bom 616 (d) and chimanlal v. nyamatrai, air 1938 bom 44 (e).we entirely agree with this view ..... where the business is done through a commission agent, it may be said possibly that the defendant's intention was to gamble nevertheless the contracts cannot be condemned as being violative of section 30 for the reason that evidence would be lacking as to the original intention of such third ..... plaintiffs to secure them against loss.the plaintiffs delivered merely 300 tons to some of the defendants,, and as for the balance they made cross-contracts and paid differences. the trial court decreed the suit but on appeal an appellate bench of the high court dismissed the suit holding that the .....

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May 09 1960 (HC)

Hagami Lal Ram Prasad, a Firm and ors. Vs. Bhuralal Ram NaraIn and ors ...

Court : Rajasthan

Reported in : AIR1961Raj52

..... principal.the right to such indemnity, as pointed out earlier, was founded on section 222 of the law of contract. the right to indemnity, which was an incident of the contract of agency was not hit by the provisions of the second order at all and was a matter which ..... 1943 when the order in question stood repealed. besides the suit is really not one to enforce any contract relating to purchase or sale of cotton within the prohibition of the above notification or order. it is a suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions of the ..... . we hold that in the circumstances of this case, section 30-b of the mewar contract act, 1942 was no bar to the plaintiffs' claim. where the principal contracts themselves have not been established to be of wagering nature, there can be no question of collateral contracts whether of indemnity or otherwise to be assailed on that footing.21. lastly, the learned judge appears ..... to have thought that the transactions were hit by the indian cotton (forward contracts and options prohibition) order, 1943 which is said to have been in force at the .....

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