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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 1994 Page 1 of about 85 results (0.093 seconds)

Jul 15 1994 (SC)

State Trading Corporation of India Ltd. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Jul-15-1994

Reported in : 1994(72)ELT797(SC); JT1994(4)SC528; 1994(3)SCALE292; 1994Supp(3)SCC40; 1994(2)LC493(SC)

..... buyers and the appellant claiming reimbursement from the indian suppliers for the loss sustained by it on account of such claim for damages on the basis of the indemnity clause contained in the contract between the indian suppliers and the appellant. we make it clear that the observations of the high court referred to above will not preclude the appellant from making ..... appellant to raise this question in the event of such a contingency arising in future.11. we, however, find that the question as to the applicability of the indemnity clause in the contract between the indian suppliers and the appellant to claims by the foreign buyers against the appellant was not specifically raised before the high court and the high court has ..... . the learned additional solicitor general, in support of the appeals, has raised the said question and has urged that in spite of the frustration of the contract between the appellant and the foreign buyers the indemnity clause between the indian suppliers and the appellant remain operative and in the event of the appellant being held liable for damages in a claim by ..... the local suppliers with the appellant in accordance with the scheme canalisation of export of silver, there is following provision relating to indemnity:any cess, duty, rate to tax, whatsoever, payable in respect of any transaction covered by this contract shall be borne by the supplier. the supplier hereby indemnifies the stc and shall always keep it indemnified against all claims, including .....

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Sep 30 1994 (SC)

Life Insurance Corporation of India Vs. Vishwanath Verma and Others

Court : Supreme Court of India

Decided on : Sep-30-1994

Reported in : AIR1995SC189; [1995]82CompCas191(SC); JT1994(6)SC379; 1994(4)SCALE364; 1994Supp(3)SCC569; [1994]Supp4SCR87; 1995(1)LC200(SC)

..... 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 ..... before expiration of one year and to renew and extend the insurance during successive years if required premiums were paid was held to be a contract of insurance for the term of one year only, with provisions for renewal for successive years.(vi) advance insurance, i.e. insurance providing ..... business was nationalised in 1956 by establishing the life corporation of india.19. as the statement of objects and reasons clearly points out all the contracts for assurance executed by the corporation are guaranteed by the central government. that is also evident from section 37 of the act. if, therefore, ..... , in chandulal harjivandas v. commissioner of income-tax, gujarat : [1967]63itr627(sc) it was observed:life insurance is a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of ..... of such persons.11. life insurance is a promise to pay a certain sum upon the death of the assured. life insurance is a contract whereby the insured agrees to pay certain sums, called premiums, at specified times, and in consideration thereof the insurer agrees to pay certain sums .....

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Feb 15 1994 (SC)

The Food Corporation of India Vs. the New India Assurance Co. Ltd. and ...

Court : Supreme Court of India

Decided on : Feb-15-1994

Reported in : AIR1994SC1889; [1995]84CompCas214(SC); JT1994(1)SC703; 1994(1)SCALE591; (1994)3SCC324; [1994]1SCR939; 1994(2)LC197(SC)

..... the statute of limitation and that the true ground, on which the clause limiting the time of claim rests and is maintainable is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefore do not become absolute, unless the remedy is sought within the time fixed by the condition ..... is well founded and deserves acceptance while the submission made on behalf of the respondents does not merit acceptance.7. indisputably, under the material clauses of the respective bonds (contracts) of fidelity insurance guarantee which we have reproduced earlier as contained in a representative bond, the insurance company concerned therein has in unequivocal terms undertaken to make good the sum ..... corporation, when found that each of the said rice millers were liable to make good certain amount for losses arising from breaches of the terms and conditions of the respective contracts entered into between them, placed demands with the concerned insurance company for payment of those amounts as per the fidelity insurance guarantees given by the concerned insurance company, well ..... guarantee empowered the food corporation of india to make its claim directly against the concerned insurance company to recover the amount of loss. the material clauses in all the contracts of fidelity insurance guarantees with which we are concerned being similar except for dates and names of parties, we propose to determine the question arising for consideration in these .....

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May 20 1994 (SC)

Morgan Stanley Mutual Fund Vs. Kartick Das

Court : Supreme Court of India

Decided on : May-20-1994

Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136

..... india was a payment under reserve while that of rs. 49,31,496 was also made under reserve as well as against the letter of guarantee or indemnity executed by it. a payment 'under reserve' is understood in banking transactions to mean that the recipient of money may not deem it as his own ..... diverse rights contained in the contact evidenced by the articles of association of the company. 15. therefore, it is after allotment, rights may arise as per the contract (article of association of company). but certainly not before allotment. at that stage, he is only a prospective investor of future goods. the issue was yet ..... more. he sold what in england would have been choses in action and he delivered choses in action. but in india, by the terms 'of the contract act, these choses in action are goods. by the definition of goods as every kind of moveable property it is clear that, not only registered shares, but ..... goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. as to the scope of this clause, reference may be made to maneckji pestonji bharucha and ors. v. wadi lal sarabhai & com. :air (1926 ..... stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. it will be useful to refer to clause (6) of section 2 of the sale of goods act, 1930. that reads :further goods' means .....

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Feb 11 1994 (SC)

State of Maharashtra and ors. Vs. Atur India Pvt. Ltd.

Court : Supreme Court of India

Decided on : Feb-11-1994

Reported in : 1994(2)ALT10(SC); JT1994(1)SC640; 1994(1)SCALE532; (1994)2SCC497; [1994]1SCR881

..... right, title and interest in plot no. 101, in favour of basant co-operative housing society was sanctioned. in law, the benefit of such a contract can be assigned. that is precisely what the respondent did in the instant case.33. in view of all these, we find that no exception could ..... the parties, which intention must be ascertained from all the relevant circumstances.50. an instrument in proper from (a); by which the conditions of a contract of letting are finally ascertained, and which is intended to vest the right of exclusive possession in the lessee-either at once, if the term is to ..... on behalf of the respondent is purely technical. what remained to be done was mere execution of a document. thus, it is clear the private of the contract was between the state of maharashtra and the respondent, the co-operative society being nowhere in the picture.14. in opposition to this, mr. harish n ..... . the society was registered on 21.6.1972. for five years, no action was taken which is rather strange. if really, the benefit of the contract was intended for the co-operative society, there is no justification for remaining quiet for these long number of years. therefore, as learned single judge rightly ..... the previous consent in writing of the lesser. having regard to all these terms, it is clear that there cannot be any assignment of benefit of contract. on 15.12.1970, the respondent wrote a letter making this offer. the government in its reply dated 1.1971 had stated that the government has .....

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May 04 1994 (SC)

Jay Laxmi Salt Works (P) Ltd. Vs. State of Gujarat

Court : Supreme Court of India

Decided on : May-04-1994

Reported in : 1994ACJ902; (1995)1GLR818; JT1994(3)SC492; (1995)109PLR1; 1994(2)SCALE797; (1994)4SCC1; [1994]3SCR866

..... court observed,article 36 applied to acts or omissions commonly known as torts by english lawyers. they are wrongs independent of contract. article 36 applies to actions 'ex-delicto' whereas article 115 applies to actions 'ex contractu.these torts are often considered as of three kinds ..... saigal and ors. (supra) although the court held that claim for damages for loss of contents from the lockers arose out of breach of contract and it was not a case which could be considered to be covered under tort yet while dealing with argument advanced on article 36 the ..... misfeasance or non-feasance is not correct. observations in bhayaji (supra) to the following effect.the words 'malfeasance, misfeasance, or non-feasance independent of contract' used in article 36, are of the widest import, and embrace ail possible acts or omissions, commonly known as torts by english lawyers; that is ..... which person ought not to do at all or the unjust performance of some act which the party had no right or which he had contracted not to do. comprehensive term including any wrongful conduct that affects, interrupts or interferes with the performance of official duties.misfeasance - the improper performance ..... as,a civil wrong for which the remedy is a common law action in unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.winfield has defined tortuous law arising from, breach of a duty primarily fixed by .....

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Jul 28 1994 (SC)

Kerala State Housing Board and ors. Vs. Ramapriya Hotels (P) Ltd. and ...

Court : Supreme Court of India

Decided on : Jul-28-1994

Reported in : 1994(3)ALT30(SC); II(1994)BC561(SC); [1996]85CompCas36(SC); JT1994(5)SC113; 1994(3)SCALE565; (1994)5SCC672; [1994]Supp2SCR338

..... any one, if more than one person are interested in the compensation, to mutually enter into an agreement with the collector. the agreement will bind the contracting parties alone and the award made under section 16(1) may not thereby bind others. by its implication, absence of other persons who have similar interest ..... owner of the land. it is an enabling provision. the person or persons interested in the compensation would always be at liberty to agree by a contract with the collector to make an award in terms thereof. it is true that indian bank, trivendrum branch was a mortgagee by deposit of title deeds ..... the date of the notification under section 3(1). from the date of the second notification which came to be published after the execution of the contract, the period of four years would begin to run from the date of the second notification and the award having been made within four years from ..... to fix market value at the agreed rate which binds the parties. it is open to the respondents to waive the requirement of entering into a contract by all parties. even otherwise the respondents had suppressed the fact of hypothecation to have executed an equitable mortgage of the property in favour of the ..... branch at trivandrum which as mortgagee was entitled to claim an interest in compensation payable to the mortgagor. since the bank was not a party to the contract, no award under section 16 of the act could have been made. it also found that, by operation of the proviso to sub-section (1) .....

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Feb 22 1994 (SC)

Workmen Vs. J.K. Jute Mills Co. Ltd. and anr.

Court : Supreme Court of India

Decided on : Feb-22-1994

Reported in : (1996)IILLJ689SC; 1995Supp(4)SCC58

..... the act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service. after the introduction of section 34, as it stands, observance of the terms of the agreement on settlement dated august 26, 1975 would have the effect of defying ..... section 34 suggest streamlining the bonus at the statutory rate of 4% when there is no allocable surplus in substitution of the bonus provided in any award, agreement, settlement or contract. the combined reading of sections 10 and 31-a makes it. clear that the legislature, for the year 1974 intended to provide statutory bonus at the rate of 4%. it .....

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Jul 26 1994 (SC)

Tata Cellular Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-26-1994

Reported in : AIR1996SC11; [1994]Supp2SCR122

..... as foreign collaborator for bharti cellular. even then, as seen from the file, talkland is providing marketing, sales, customer care, billing services to both vodaphone and cellnet under contracts with both of them. this evident from the material produced before us. it states :talkland's sole foundation is to distribute radiotelephone services. unlike sfr in france it neither ..... council (1977) ac 1014 the law has been stated as to when subjective satisfaction could be interfered with under judicial review. this court also had occasion to deal with similar contracts and stated the law relating to judicial review in sterling computers limited v. m & n publications limited : air1996sc51 . then again, in union of india v. hindustan development corporation : ..... which is a mere service provider.52. arguing on behalf of sterling cellular mr. k. parasaran, learned counsel submits that the technical competency and capacity to execute the contract by this respondent with its joint venture partner is not in doubt. sterling cellular was short-listed by technical evaluation committee itself. it was amongst the 12 tenders short ..... . m. & n. publications limited : air1996sc51 and union of india v. hindustan development corporation : air1994sc988 which lay down the methods reaching conclusion.43. generally speaking in entering into contracts, the public authority is not like a private person. the question to be asked is have the guidelines been laid down, if so laid down, have they been observed? in .....

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Jul 18 1994 (SC)

State of Orissa Vs. Johrimal Gajanand

Court : Supreme Court of India

Decided on : Jul-18-1994

Reported in : JT1994(4)SC635; 1994(3)SCALE377; (1994)6SCC57; [1994]95STC93(SC)

..... trade only if two conditions concur:(1) a sale of goods, and (2) a transport of those goods from one state to another under the contract of sale. unless both these conditions are satisfied, there can be no sale in the course of inter-state is the admitted case of ..... order that a sale or purchase might be inter-state, it was essential that there must be transport of goods from one state to another under the contract of sale or purchase. in bengal immunity company limited v. state of bihar : [1955]2scr603 , occur the following observations which are apposite:a sale ..... were purchased from registered dealers. there is no material on the record to show that the goods were not within the state of orissa when the contract of sale was made. in the facts before us normally it should be presumed that the goods were actually within the state unless the taxing department ..... deemed to take place inside the state if the goods are within the state -(i) in the case of specific or ascertained goods at the time the contract of sale is made, and(ii) ...(b) ...4. the high court answered the question in favour of the assessee on the following reasoning:in ..... expressions, any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of contract but does not include a mortgage, hypothecation, charge or pledge and the words 'buy' and 'purchase' shall be construed accordingly; explanation: (a) a sale .....

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