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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1969 Page 1 of about 94 results (0.106 seconds)

Sep 17 1969 (SC)

Punjab National Bank Ltd. Vs. Shri Vikram Cotton Mills and anr.

Court : Supreme Court of India

Decided on : Sep-17-1969

Reported in : AIR1970SC1973; [1970]40CompCas927(SC); (1970)1SCC60; [1970]2SCR462

..... called the 'creditor'. a guarantee may be either oral or written.10. a promise to be primarily and independently liable for another person's conduct may amount to a contract of indemnity. a contract of guarantee requires concurrence of three persons- the principal debtor, the surety and the creditor-the surety undertaking an obligation at the request express or implied of the principal ..... agreement between the bank and ranjit singh.9. section 124 of the indian contract act defines a 'contract of indemnity'. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... worked out under the scheme.8. in reaching its conclusion that the bond executed, by ranjit singh in favour of the bank was of the nature of a contract of indemnity and not a contract of guarantee, the high court was impressed by the circumstance that the company was not a party to the bond, and that the bond was only a bilateral ..... debtor. the obligation of the surety depends substantially on the principal debtor's default; under a contract of indemnity liability arises from loss caused to the promisee by the conduct of the promisor himself or by the conduct of another person.11. in the present case the company did .....

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Jul 23 1969 (SC)

M.C. Chacko Vs. the State Bank of Travancore, Trivandrum

Court : Supreme Court of India

Decided on : Jul-23-1969

Reported in : AIR1970SC504; (1969)2SCC343; [1970]1SCR658

..... the first instance, were not subject to a charge in favour of the creditors. the court held that the covenant in the partition deed resulted in a contract of indemnity, and not a charge. in the present case also the covenant that m.c. chacko will either personally or out of the properties given to him satisfy ..... the debt is intended to confer a right of indemnity upon other members of the family, if the kottayam bank enforced the liability against them, and created no charge in favour of the bank. clauses 12 ..... create a charge, the kottayam bank not being a party to the deed could enforce the charge only if it was a beneficiary under the terms of the contract, and it is not claimed that the bank was a beneficiary under the deed ex. d-1. the suit against m.c. chacko must therefore be dismised ..... may enforce the rights which the trust so created has given him. the basis of that rule is that though he is not a party to the contract his rights are equitable and not contractual. the judicial committee applied that rule to an indian case khwaja muhammad khan v. husaini begam (1910) 37 i ..... action on the ground of nudum pactum. not only, however, is there nothing in section 2 to encourage the idea that contracts can be enforced by a person who is not a party to the contract, but this notion is rightly excluded by the definition of 'promisor' and 'promisee'.under the english common law only a .....

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Oct 17 1969 (SC)

Sushila Kashinath Dhonde and ors. Vs. Harilal Govindji Bhogani and ors ...

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1971SC1495; (1971)73BOMLR320; (1969)3SCC223; [1970]2SCR950

..... the act, payment under such an agreement is payment of compensation under the act, and the plaintiffs' right to indemnity from the defendants follows.'31. whether certain claims were 'arising out of' or 'under a contract' came up for consideration in government of gibralter v. kenney, l.r.i. [1956] all. e.r ..... are sums which fall under the head 'compensation paid under this act' within the meaning of section 6, so that the plaintiffs are entitled to an indemnity from the defendants.dealing with the interpretation to be placed upon the words in question, the court observed, at p. 435 :but the decisive words ..... the plaintiffs took objection that he had no jurisdiction to deal with certain claims as they did not arise out of or under the agreement or contract. the court overruled the plaintiffs' objections holding :in my view, this arbitration clause is very wide. it covers '...any dispute or difference which shall ..... accept the contention of mr. hattangadi that the rights of the plaintiff flows not from the act or any of its provisions but from the contract, namely the deed of charge. the registered agreement entered into between the parties regarding the construction loan, it must be pointed out, is the ..... entertain the suit. (ii) the claim for a charge over the properties made by the plaintiff in the suit arises under a deed of contract evidenced by the charge dated august 12, 1959 and hence the proceedings initiated by the plaintiff before the court of small causes cannot be considered .....

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Oct 07 1969 (SC)

Ram Prasad S/O Prabhu Dayal Mathur Vaishya Vs. the State of Madhya Pra ...

Court : Supreme Court of India

Decided on : Oct-07-1969

Reported in : AIR1970SC1818; 1970(0)BLJR1078; 1970MhLJ696(SC); (1969)3SCC24; [1970]2SCR677

..... a lien upon the principal's goods or property which comes lawfully in his possession during the course of the agency from which the right to indemnity or compensation arises. a purchasing agent has a lien upon the principal's goods in his possession upon which he has paid money in purchasing ..... matter in which the lien is claimed. the lien does not arise where the possession of the property is acquired by the agent under a contract which expressly or impliedly shows contrary intention, or where it is delivered to him for a particular purpose inconsistent with the existence of lien the/ ..... that it constituted a bailment for security and that it is a pledge within the meaning of section 172 read with section 148 of the contract act. that is not the position here. therefore the high court was fully justified in rejecting the claim of the appellant that he was ..... jadhav naya bazarthakur sahab lashkar, gwalior.i hetampalsingh jadhav son of bhagwansingh jadhav caste thakur, am a resident of naya bazar, lashkar.i, have taken contract for supplying grain seed in district gird for which i need money for bringing every kind of grain from different places. therefore i appoint ramprasad s/o ..... his possession for his compensation and expenses during the course of the agency with reference to that property. section 221 of the contract act provides that in the absence of a contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, of the .....

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Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

Decided on : Apr-01-1969

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

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Sep 11 1969 (SC)

The State of Uttar Pradesh Vs. Rajkumar Rukmini Raman Brahma

Court : Supreme Court of India

Decided on : Sep-11-1969

Reported in : AIR1969SC1687; (1969)2SCC818; [1970]2SCR355

..... gift made in favour of a wakf. trust, endowment or society established wholly for charitable purposes, unless the state government in any particular case directs otherwise.section 24(b)-any contract or agreement made between an intermediary and any person on or after the first day of july, 1948, which has the effect, directly or indirectly,-(a) . . . . . .(b) of entitling an ..... intermediary to receive on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this act shall be made and is hereby declared null and void.section 73 :there shall be paid by the state government to every .....

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Mar 19 1969 (SC)

Muddada Chavannna Vs. Sri Sri Sri Kodandrama Swami Varu

Court : Supreme Court of India

Decided on : Mar-19-1969

Reported in : 1969(2)LC345(SC)

..... were calculated to defeat the provisions of the madras estates (abolition and conversion into ryotwari) act 26 of 1948, and were on that account void under section 23 of the contract act. the trial court held that the lands in suit were post settlement or darmila inam lands and the appellant was entitled to occupancy rights, provided he succeeded on other ..... entitled to recover the stipulated rent from the appellant, that the appellant had admitted the title of the deities and had been inducted into possession on the basis of a contract of lease, and that he could not challenge their title, that the prior decision of the high court that the lands were pre-settlement inam lands debarred the appellant from .....

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Oct 28 1969 (SC)

V.O. Tractoroexport, Moscow Vs. Tarapore and Company and anr.

Court : Supreme Court of India

Decided on : Oct-28-1969

Reported in : AIR1971SC1; (1971)IIMLJ44(SC); (1969)3SCC562; [1970]3SCR53

..... with the term 'arbitration agreement' in the protocol and the term 'agreement to which the protocol applies' is used in the section 'to identify the commercial or business contract between the parties'. the controversy surrounding the interpretation of section 4(2)(to which reference was made in the previous edition of this book) was left undecided in radio ..... country to whose jurisdiction none of the parties is subject. the second schedule contains the 1927 convention and article 1 reads as follows: in the territories of any high contracting party to which the present convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called 'a submission to arbitration ..... that the parliament did not employ language which would indicate an unequivocal intention that in the presence of an agreement to refer to an arbitral clause in a commercial contract, the provisions for granting stay under the section would immediately become applicable irrespective of an actual submission or a completed reference. as it was open to the legislature ..... order staying the proceedings.the schedule contains the convention on the recognition and enforcement of foreign arbitral awards. article ii may be reproduced with advantage:article ii1. each contracting state shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them .....

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Feb 11 1969 (SC)

Hanuman Mining Corporation Ltd. Vs. the Commissioner of Sales Tax, Mad ...

Court : Supreme Court of India

Decided on : Feb-11-1969

Reported in : (1969)3SCC648; [1970]25STC60(SC)

..... price. it follows that the sales under the eight contracts were inter-state sales within the languageof section 3(a) of the central sales tax act and were not liable to be taxed under the madhya ..... necessarily contemplated the movement of the goods to the gondia weigh-bridge and the weighment of the goods at gondia in performance of the terms of the contract. in our opinion, the movement of goods across the frontier was a direct and necessary consequence of the important covenant with regard to the fixation of ..... state to another within section 3(a) of the central sales tax act, when the movement 'is the result of a covenant or incident of the contract of sale'. that the cement concerned in the disputed sales was actually moved from another state into mysore is not denied. the respondents only contend that ..... than those included in clause (b), in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale, and property in the goods passes in either state.6. this observation of shah, j., was cited with approval by this court in cement ..... 1996 decided on 21-8-1968, since reported at [1970] 25 s.t.c.26 in which the relevant clauses of the contract of sale were almost identical with the terms of the contract of sale in the present case. the high court has followed its previous . decision in commissioner of sales tax, madhya pradesh .....

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Feb 12 1969 (SC)

M.R. Goyal Vs. Commissioner of Income-tax, Bombay City I

Court : Supreme Court of India

Decided on : Feb-12-1969

Reported in : AIR1969SC859; [1969]73ITR698(SC); (1969)1SCC659; [1969]3SCR669

..... when he agreed to accept a sum of rs. 1,87,000 from the aforesaid persons as consideration for transferring the benefits of the contract the appellant can well be said to have concluded a deal which represented the profit which he anticipated by acquiring the parachutes.6. it ..... normal method of doing supply business in our country. according to it, highly influential parties instead of doing the business themselves manage to secure contracts and pass on the actual execution of the business to others in return for a fixed sum of money. this is what the appellant did ..... letters which were exchanged between the concerned parties were also considered and the conclusion at which the high court arrived was that the benefit of the contract which the assessee had entered into with m/s. tata aircraft ltd. had been transferred by him in favour of messrs. pokhraj hirachand for ..... of partnership was entered into between six persons, namely, nathmal, pokhraj, chandumal, prithviraj, shapoorji & co. ltd. and jamalbhai. this partnership took over the contract of purchase entered into by pokhraj hirachand. it was registered by the income tax authorities for the assessment year 1948-49.2. m/s. pokhraj hirachand in ..... aircrafts ltd. was acting as the agent of the government. the agreed purchase price of the parachutes was approximately rs. 93 1/2 lakhs. the contract was entered into by means of letters. the assessee addressed a letter, dated october 29, 1946 to tata aircraft ltd. containing an offer. tata .....

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