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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1983 Page 1 of about 57 results (0.092 seconds)

Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Dec 16 1983 (SC)

Hindustan Aeronautics Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; [1984]2SCR248; [1984]55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744

..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....

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Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Aug 12 1983 (SC)

H.M. KamaluddIn Ansari and Co. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-12-1983

Reported in : AIR1984SC29; 1983(2)SCALE107; (1983)4SCC417; [1983]3SCR607

..... the claim for damages is adjudicated upon and culminates in a decree. the respondent had consequently no right under clause 18 to appropriate sums due to the appellant under other contracts in satisfaction of its claim for damages against the appellant, when the claim for damages was pending adjudication.26. this court in union v. raman iron foundry (supra) while ..... only be for the purpose of and in relation to arbitration proceedings and further that the question whether any amounts were payable by the appellant to the respondent under other contracts, was not the subject matter of the arbitration proceedings and, therefore, the court obviously could not make any interim order which, though ostensibly in form an order of interim injunction ..... determined shall apply to the court and the court shall decide the question on affidavits.17. the appellant in the instant case took the stand that there was no concluded contract between the parties including arbitration. therefore, the order of injunction passed in the instant case could not be for the purpose of and in relation to arbitration proceedings. faced ..... were due to it under pending bills.6. the appellant firm moved a petition under section 33 of the arbitration act before the court alleging that there was no concluded contract in existence between the parties containing any arbitration clause and prayed inter alia for determining the existence, validity and effect of the alleged arbitration agreement. the stand of the union .....

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Apr 28 1983 (SC)

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

..... under a particular bargain the rights of the parties were extinguished that would be permissible, that will not hit the provisions of section 28 of contract act and as such would not be violative of section 23 of the said act. but if rights are not extinguished but only the remedies ..... thereon unless commenced within twelve months next after the fire. it was held by the judicial committee that having regard to the true construction of the contract, which had carelessly purported to include many conditions inapplicable to reinsurance, the above clause must also be regarded as inapplicable. such a clause is ..... that the act was passed, not only to limit the liability of the carriers, but also to declare the liability of the carriers. therefore, any contract or bargain which seeks to defeat the liability of the carriers as enacted by law, would, in our opinion, defeat the provisions of the act. ..... to avoid the liability contemplated under section 10 of the carriers act, 1865 and that too in a situation where the parties had not by express contract limited their liability as contemplated under section 6 of the carriers act. it appears to us, therfore, that the learned judge of the andhra ..... unless a particular claim was made in a particular manner within a particular time. in this case there was neither any extinguishment of liability or contracting out of liability but only a special period of limitation of notice was provided other than section 10 of the carriers act, 1865.14. section .....

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Oct 25 1983 (SC)

Forasol Vs. Oil and Natural Gas Commission

Court : Supreme Court of India

Decided on : Oct-25-1983

Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)

..... in brazilian cruzeiros, which they purchased with french francs, their normal business currency. the hire under the charterparty was payable in u.s. dollars and the proper law of the contract was english law. in arbitration proceedings the owners admitted their liability to the charterers, but contended that payment should be made in cruzeiros. by then the value of the cruzeiros ..... on deferred basis for the import of plant, machinery, equipment and materials and execution of certain projects including oil exploration, and, accordingly, under article x-l.l of the said contract the french party, forasol, had agreed to accept on deferred basis payment of the amounts due to it in french francs. we have earlier referred to the relevant articles of ..... namely on december 21,1974 rate at the date of ff 1.000 = rs. 1.938 the decree, namely, on may 7. 1975 ______________________________________________________________________15. we shall first examine the said contract to determine whether the rate of conversion mentioned in the said article ix-3.1 applied only to 20 per cent of the amounts in french francs payable by ongc ..... payments on deferred basis upon the conditions laid down in the letters dated february 5, 1962, exchanged between the governments of india and france. consequently, in respect of the said contract, forasol had agreed under article x-1.1 thereof to accept payment of its fees, costs and charges payable in french francs on deferred basis under the overall conditions of .....

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May 05 1983 (SC)

M. RamnaraIn Private Limited and anr. Vs. State Trading Corporation of ...

Court : Supreme Court of India

Decided on : May-05-1983

Reported in : AIR1983SC786; (1983)2CompLJ163(SC); 1983(1)SCALE548; (1983)3SCC75; [1983]3SCR25

..... last hearing, before judgment, an order that) payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.21. order 20, rule 20, rule 11 makes provision for postponement of payment of a money decree and of its payment in instalments and ..... of passing the decree order that payment of the amount decree shall be postponed or shall be made by instalments, with or without interest, not withstanding anything contained in the contract under which the money is payable.(2) after the passing of any such decree the court may, on the application of the judgment-debtor, and with consent of the decree ..... always be an intentional act with knowledge. a person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract of transaction to proceed as though the stipulation or provision did not exist. waiver of this kind depends upon consent, and the fact that the .....

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May 03 1983 (SC)

Gujarat State Financial Corporation Vs. Lotus Hotels Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-03-1983

Reported in : AIR1983SC848; (1983)2CompLJ202(SC); (1983)2GLR1352; 1983(1)SCALE584; (1983)3SCC379

..... into a solemn contract in discharge and performance of its statutory duty and the respondent acted upon it, the statutory corporation can not be allowed to act arbitrarily so as to cause harm and ..... & ors. : (1979)iillj217sc the rule inhibiting arbitrary action by the government would equally apply where such corporation dealing with the public whether by way of giving jobs or entering into contracts or otherwise and it cannot act arbitrarily and its action must be in conformity with some principle which meets the test of reason and relevance.13. now if appellant entered ..... , the corporation cannot be compelled to undertake the onerous liability of financing a huge loan to one undertaking and therefore the appellant was discharged from performing its part of the contract. both the learned single judge and the division bench of the high court have concurrently held that the sanctioning of the loan by the corporation in favour of the respondent ..... situation, the first contention of mr. bhatt cannot be accepted.9. it was next contended that the dispute between the parties is in the realm of contract and even if there was a concluded contract between the parties about grant and acceptance of loan, the failure of the corporation to carry out its part of the obligation may amount to breach of .....

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Jul 29 1983 (SC)

S. Kannan and ors. Vs. Secretary, Karnataka State Road Transport Autho ...

Court : Supreme Court of India

Decided on : Jul-29-1983

Reported in : AIR1983SC1065; 1983(2)SCALE212; (1984)1SCC375; [1983]3SCR740

..... the length and breadth of the country. with a view to providing uninterrupted flow of tourist traffic, thereby expanding tourist facilities which would promote tourism in the country, a contract carriage permit with all india operation was conceived and power was conferred on the state transport authority subject to the quota prescribed by the central government for each state to ..... introduction of sub-section (7) becomes manifest from the language used therein. till the introduction of sub-section (7), the situation was that the regional transport authority can grant contract carriage permit valid for the area under its jurisdiction or when counter-signed by the state transport authority of the other state then the vehicle can be operated in that ..... view is assailed on behalf of the appellants and the writ petitioners.13. it was contended that as an elaborate procedure is prescribed for grant of stage carriage permit or contract carriage permit and that it being a prolix and time-consuming process, section 62 keeping in view the urgent or emergent need to provide transport facilities to travelling public, ..... by or for individual passengers, either for the whole journey or for stages of the journey. expression 'tourist vehicle' is defined in section 2(29 a) to mean a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as the state government may, by notification in the official gazette, specify in this behalf. the definition .....

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