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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 2000 Page 1 of about 126 results (0.097 seconds)

Feb 01 2000 (SC)

Oberai Forwarding Agency Vs. New India Assurance Co. Ltd. and anr.

Court : Supreme Court of India

Decided on : Feb-01-2000

Reported in : AIR2000SC855; 2000(4)ALLMR(SC)579; 2000(1)ALT26(SC); 2000(2)BLJR991; (2001)1CALLT9(SC); [2000]100CompCas591(SC); 2000(1)CTC556; JT2000(1)SC508; (2000)IIMLJ95(SC); 2000(3)MP

..... party negligence. such a right of the insurer is, of course, conditional upon his having already indemnified the assured. in other words, arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. this right of the insurer to subrogation ..... of the bargain. it is implied in the very nature of the contract of indemnity that the indemnifier is entitled to re-coupe or minimise the damages he is obliged to pay the assured, by ways and means the assured himself could resort to, in ..... in force.11. in the case of vasudeva mudaliar : air1965mad159 (ibid) a learned single judge of the madras high court said:(4) a contract of motor insurance, like marine or accident insurance, is, in essence, one of indemnity. the underwriter, for consideration, guarantees the assured compensation against loss or risks, the limits of the guarantee against accident or loss or damage suffered ..... , totally or partially, being subject to the maximum stipulated in the contract of insurance. conversely, the rights of the assured are not to profit out .....

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Sep 29 2000 (SC)

Federal Bank Ltd. Vs. V.M. Jog Engineering Ltd. and ors.

Court : Supreme Court of India

Decided on : Sep-29-2000

Reported in : AIR2000SC3166; [2001]106CompCas267(SC); 2000(4)CTC687; 2000(6)SCALE654; [2000]Supp3SCR542; (2001)1SCC663

..... in order that he may claim reimbursement for any payment he makes under the credit or the indemnity of an agent, the intermediary banker must obey strictly, the instructions he receives, for by acting on them, he accepts then and thus enters into contractual relations with the ..... 's judgment which has been followed both in england and by this court, in several relation of a negotiating bank vis-a-vis the issuing bank:62. the contract between the issuing banker and the paying or negotiating (intermediary) banker may partake of a dual nature. the relationship is mainly that of principal and agent, mandator and mandatory. ..... india, the chartered bank of india. australia and china. the correspondent had not confirmed the credit. the applicant alleged that what had been shipped was rubbish rather than the bristles contracted to be supplied. the chartered bank (the collecting bank) which received the documents from the seller for 'collection', applied for dismissing the buyer's claim. (this was a proceeding ..... of international commerce'. he said:except possibly in clear cases of fraud of which the banks have notice, the courts will leave the merchants to settle their disputes under the contracts by litigation or arbitration... otherwise, trust in international commerce could be irreparably damaged.denning m.r. stated in edward and owen engineering ltd v. barclays bank international ltd. 1978 .....

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Apr 03 2000 (SC)

Prashant Kumar Shahi Vs. Ghaziabad Development Authority

Court : Supreme Court of India

Decided on : Apr-03-2000

Reported in : (2004)3CompLJ154(SC); JT2000(4)SC607; 2000(3)SCALE31; (2000)4SCC120; [2000]2SCR896

..... .1.1997 and rs. 1,29,600/- on 13.1.1997 before filing his complaint in the commission on 28th february, 1997. having failed to perform his part of the contract, the appellant cannot be permitted to urged that he is not liable to pay the balance amount along with interest as according to him the respondent-authority had failed to .....

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Feb 02 2000 (SC)

M/S. Rainbow Colour Lab and anr. Vs. the State of Madhya Pradesh and o ...

Court : Supreme Court of India

Decided on : Feb-02-2000

Reported in : AIR2000SC808; 2000LC771(SC); 2001(134)ELT332(SC); JT2000(1)SC498; 2000(1)SCALE381; (2000)2SCC385; [2000]1SCR594; [2000]118STC9(SC)

..... madras v. gannon dunkerley and co. : [1959]1scr379 , the state could not levy sales-tax on sale of goods involved in a work's contract because the contract was indivisible. all that has happened in law after the 46th amendment and the judgment of this court in builders case : [1989]2scr320 (supra) is ..... service, artistic skill and talent. if any property passes to the customer in the form of photographic paper, it is only incidental to the service contract. no portion of the turnover of a photographer relating to this category of work would be exigible to 'sales tax.' we are in agreement with ..... appellants in their work, there is a transfer of property in goods. therefore, to this extent, the job done by the appellants becomes a 'works contract' as contemplated under article 366(2a)(b) of the constitution and as incorporated in section 2(n) of the state act.6. this declaration of ..... act, the commissioner of sales tax, m.p. issued circular dated 25-1-1992 opining that the job done by the photographers amounted to 'works contract' and turnover from such work would be exigible to the levy of sales-tax. this circular prompted the concerned assessing officer to re-assess the turnover ..... common question involved in these appeals are whether the job rendered by a photographer in taking photographs, developing and printing films would amount to a 'works contract' as contemplated under article 366(2a)(b) of the constitution read with section 2(n) of the m.p. general sales tax for the purpose of .....

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Apr 19 2000 (SC)

State of Kerala Vs. T.M. Chacko

Court : Supreme Court of India

Decided on : Apr-19-2000

Reported in : JT2000(7)SC594; (2000)3MLJ135(SC)

..... the whole aspects of the case and precedents in the matter, the chief conservator of forests has recommended to government to extend the period of contract by one month from the date of order free of penalty and also to grant the contractor 15 days' time to remit the balance value ..... reads:forests - trivandrum division - sale of residual growth - agreement dated 15.1.1974 with shri t.m. chacko - damage caused by fire - extension of period of contract free of penalty etc. -sanction - accorded.agriculture (forest) department g.r. (rt.) 1516/74/ad dated, 27.6.1974read : - letter no. c1-10628/ ..... the respondent for recovery of the bid amount paid by him for the forest produce, on the ground that due to the wild fire the contract was frustrated is governed by article 47 of the limitation act, 1963. the said article reads as under: __________________________________________________________________________ description of suit period of ..... acknowledgement of the liability by the appellant. in the alternative, argues the learned counsel, as under exhibit b-4, time for performance of the contract by the respondent was extended till au gust 10, 1974, the suit will be within limitation from that date.7. it is the common case ..... his coupe. on september 19, 1974, the divisional forest officer intimated to the respondent that as he failed to satisfy the conditions of the contract and remit the amount due to the government, it was cancelled and the produce left on the site was confiscated and ordered to be .....

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Feb 25 2000 (SC)

M/S. Medchl Chemicals and Pharma P. Ltd. Vs. M/S. Biological E. Ltd. a ...

Court : Supreme Court of India

Decided on : Feb-25-2000

Reported in : 2000(1)ALD(Cri)729; 2000(1)ALT(Cri)279; 2000(2)ALT49(SC); 2000CriLJ1487; JT2000(2)SC426; RLW2000(1)SC165; 2000(2)SCALE88; (2000)3SCC269; [2000]1SCR1169

..... the basis of the evidence to be led at the trial in the complaint case but simply because of the fact that there is a remedy provided for breach of contract, that does not by itself clothe the court to come to a conclusion that civil remedy is the only remedy available to the appellant herein. both criminal law and civil ..... clear enough to indicate that mere failure to deliver in breach of an agreement would not amount to cheating but is liable only to a civil action for breach of contract and it is this concept which obviously has weighed with the learned single judge. but can the factual situation as narrated above in the longish reproduction of the complaint lend ..... is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound , either by law or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 10. the complaint also alleges ..... that but for the false representations made by the accused at the time of entering into the agreement dt. 31.8.97 , it (complainant) would not have entered into this contract. the aforesaid acts of the accused have ruined the finances of the complainant and it had to incur huge loss due to these acts of the accused. the complainant states .....

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Apr 26 2000 (SC)

Vimal Chandra Grover Vs. Bank of India

Court : Supreme Court of India

Decided on : Apr-26-2000

Reported in : AIR2000SC2181; 2000(3)ALLMR(SC)644; 2000(2)BLJR1604; [2002]110CompCas499(SC); 2000(2)CTC752; JT2000(5)SC287; 2000(4)SCALE111; (2000)5SCC122; 2000(2)LC1555(SC)

..... the appellant. this agreement can be clearly spelt out from the correspondence exchanged between the parties. mr. venugopal sought reference to the provisions of securities contracts (regulation) act, 1956 under which stock exchanges in the country function. we cannot permit him to raise such a plea which has no foundation either ..... the national commission. we heard mr. venugopal on the applicability of the law of pledge as contained in sections 172 to 177 of the contract act on a plea that there was no deficiency in service because the bank was not under a legal obligation to follow a customer's ..... construction, entertainment, amusement, or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; 7. in the arguments it was submitted that the appellant is not a consumer within the meaning of sub-clause (2) of clause ..... maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.' '(o) 'service' means service of any description which is made available to potential users and includes the ..... submissions reference was made a division bench decision of the punjab high court in bharat bank v. bodhraj . we were also referred to 'chitty on contracts', twenty-seventh edition, and other decisions to which we will presently refer.6. prime facie it does appear to us that bank has failed to .....

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May 12 2000 (SC)

Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Decided on : May-12-2000

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

..... the statute or the instrument considered as a whole clearly conveys a somewhat different shade of meaning. it is not always a safe way to construe a statute or a contract by dividing it by a process of etymological dissection and after separating words from their context to give each word some particular definition given by lexicographers and then to reconstruct .....

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Dec 12 2000 (SC)

K.R. Lakshman and ors. Vs. Karnataka Electricity Board and ors.

Court : Supreme Court of India

Decided on : Dec-12-2000

Reported in : JT2001(1)SC196; 2000(8)SCALE230; [2000]Supp5SCR535

g.b. pattanaik, j.1. the judgment of the division bench of karnataka high court, setting aside the judgment of the learned single judge is the subject matter of challenge in these appeals. the appellants are technically qualified direct recruits to the post of operator/overseer/meter reader/assistant store keeper. the karnataka electricity board recruitment and promotion regulations, 1969 were amended on 3-2-1982, providing a ratio of 1:1 for promotion to the post of junior engineer (electrical) between technically qualified (direct recruit) and technically not qualified (promotees). the present appellants, assailed the aforesaid amendment by filing writ petitions, inter alia, on the ground that it is highly discriminatory and arbitrary and that there is no rational basis for providing a ratio between technically qualified and technically unqualified people for promotion to the post of junior engineer. the learned single judge accepted the contention of the appellants and allowed the writ petitions by judgment dated 12th of january, 1994. in arriving at its conclusion that providing ratio for promotion is discriminatory, the learned single judge relied upon the decisions of this court in mervyn coutindo 1966 (3) scc 600, roshan lal tandon : (1968)illj576sc , punjab state electricity board : (1987)illj115sc , mohammed shujat alt 1975 (5) scc 76, gms.c. rly v. avr siddanti : (1974)illj312sc , and n. abdul basheer : (1989)iillj67sc . the board assailed the judgment of the .....

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Nov 30 2000 (SC)

Tata Iron and Steel Co. Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Nov-30-2000

Reported in : (2001)1MLJ133(SC); 2000(8)SCALE3; [2000]Supp5SCR228

..... the prescribed format to the effect that no imported steel/ pig iron has been utilised in the goods exported by the company.2. an indemnity bond in prescribed format indemnifying government against any wrong payment on account of wrong calculation and/or for use of imported steel materials.c)....the reimbursement ..... bond being irrevocable and unconditional. (emphasized). the indemnity bond further provides now the condition of this bond is such that if as a result of the details scrutiny of the above said application (s ..... paid erroneously or in excess shall be recovered from the appellant or to be adjusted against any other claim.(a) incidentally annexure vi also contained an indemnity bond as well which records as below: ....such payments are to be made on demand and without demur. our liability for payment under the ..... the export are effected, price difference between its 'domestic price' and the relevant 'international price' will be reimbursed to the exporter. contracts eligible for reimbursement under this scheme (including fresh contracts) would have to be got registered with the concerned regional office of the eepc within 45 days from the date of the ..... contract.2.5 for reimbursement purposes, the 'domestic price' for these categories would be the 'jpc plant price for those .....

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