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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: supreme court of india Year: 2004 Page 1 of about 118 results (0.086 seconds)

Aug 11 2004 (SC)

Pawan Kumar JaIn Vs. the Pradeshiya Industrial and Investment Corporat ...

Court : Supreme Court of India

Decided on : Aug-11-2004

Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366

..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....

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Nov 23 2004 (SC)

Virendra Kumar Srivastava Vs. U.P. Rajya Karmachari Kalyan Nigam and a ...

Court : Supreme Court of India

Decided on : Nov-23-2004

Reported in : AIR2005SC411; 2005(1)AWC228(SC); 2005(2)ESC161; (2005)ILLJ544SC; 2004(9)SCALE623; (2005)1SCC149; 2005(2)SLJ80(SC); (2005)1UPLBEC503

..... or any person for the purpose of carrying out the objects of the corporation or furthering its interests and to obtain from such government of authority or person subsiding, loans, indemnities, grants, contract licences rights, concessions, privileges or immunities which the corporation may think it derisiable to obtain and exercise and comply with any such arrangements, rights privileges and concessions.x) to .....

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May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

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Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... by virtue of clause 6, the suit agreement ex.p1, forthwith stood cancelled, if that clause was meant for the benefit of both the parties to the contract. if the contract thus stood cancelled the suit for specific performance had necessarily to be dismissed.that suit for sanction, cs no.471 of 1977, was in fact prosecuted by the ..... elaborated hereinafter. 49. learned senior counsel shri soli j. sorabjee appearing for the subsequent vendee rested his argument on his main submission that the sale agreement was a contingent contract - the contingency named being sanction of the court which did not materialize. upon failure of that contingency, the agreement stood cancelled forthwith under clause (6) of the agreement ..... such interest being lawfully conveyed and accepted liability for payment of liquidated damages if it failed to obtain the sale deed after the sanction was obtained. plaintiff not having contracted with the reversioners to buy their interest, could not have secured the 'entire interest' in the property without an order of this court directing conveyance of the reversionary ..... of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. section 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the .....

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May 07 2004 (SC)

Gajraj JaIn Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2004(5)ALLMR(SC)726; 2004(4)AWC2907(SC); III(2004)BC514; 2004(3)BLJR1780; [2004]121CompCas112(SC); [2004(4)JCR47(SC)]; 2004(5)SCALE693; (2004)7SCC151; [2004]52SCL746(SC)

..... but the third party on whom such right or benefit is conferred by the contract cannot sue under it. lastly, as stated above, a charge cannot be enforced against a bonafide purchaser for value (see: law of mortgage by ghose page 127). in the case ..... a mere undertaking to discharge an obligation or liability of the debtor may at the highest amount to indemnity, however, it is not enough to charge the property/fund with the debt. further, according to mulla and pullock on contract act (xii edition page 106), contracting parties may confer rights or benefits upon a third party in the form of promise to pay ..... have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to .....

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Jan 05 2004 (SC)

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....

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Nov 25 2004 (SC)

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

shivaraj v. patil, j.1. in this appeal, the order dated 21.10.1998 made by the division bench of the high court in writ appeal no. 429 of 1998 is under challenge. parties are before this court for the third time in relation to the same subject matter.2. one fauzdar khan donated 5 bighas of land situated at hyderabad to one gunnaji, the ancestor of the respondent no. 1 for the purpose of construction of a temple, now known as sri jangli vittobha temple. gunnaji died and after his death, his sister suguna bai completed the construction of the temple. in 1939, one golakishan gir claiming himself to be the mutawalli of the temple, mismanaged its affairs. the government having come to know about the same, constituted a committee under rule 156 of andhra pradesh (telangana areas) wakf rules. manik rao, father of the respondent no. 1, applied to the registration officer in 1962 for transfer of towliatship of temple in his name. the registration officer (the assistant secretary of board of revenue) after holding inquiry by the order dated 15.1.1964 held that said manik rao was the rightful claimant to the towliatship and consequently ordered for amendment of column no. 11 of munthakab under section 36(c) of hyderabad endowment rules. aggrieved by this order, the temple committee filed an appeal to the director of endowments, who, by his order dated 29.10.1966, confirmed the aforementioned order dated 15.1.1964. the temple committee pursued the matter further by filing a revision .....

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Oct 07 2004 (SC)

Commissioner of Customs, Kandla Vs. Essar Oil Limited and ors.

Court : Supreme Court of India

Decided on : Oct-07-2004

Reported in : 2004(96)ECC497; 2004(172)ELT433(SC); JT2004(9)SC12; 2004(8)SCALE570; (2004)11SCC364

..... fact not required by a statute to be disclosed may not amount to fraud. even in commercial transactions non-disclosure of every fact does not vitiate the agreement. 'in a contract every person must look for himself and ensures that he acquires the information necessary to avoid bad bargain. in public law the duty is not to deceive. (see shrisht dhawan ..... have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he ..... been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the indian contract act, 1872 defines 'fraud' as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact, which .....

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May 06 2004 (SC)

State of Andhra Pradesh and ors. Etc. Vs. B. Noorulla Khan and anr. Et ...

Court : Supreme Court of India

Decided on : May-06-2004

Reported in : II(2004)ACC569; AIR2004SC2413; 2004(5)ALD23(SC); 2004(5)ALLMR(SC)739; 2004(6)ALT28(SC); 2004(3)CTC468; JT2004(5)SC195; 2004(5)SCALE618; (2004)6SCC194

..... be a stage carriage with corridor restriction. stage carriage is intended to meet the requirements of the general public travelling from one destination to another having different purposes whereas a contract carriage is meant for those who want to hire a public service vehicle as a whole collectively for their transport from one destination to another having the same purpose. high ..... , even without picking up or setting down en route the necessary consequence would be that the vehicle has been or is being used as a stage carriage but not a contract carriage. under those circumstances, obviously, the authority had rightly detained the vehicle for the contravention of the conditions of the permit. therefore, the mandamus, as sought for, was rightly ..... subject to the rules framed and attach any one or more of the conditions mentioned under section 72(2) of the act. section 74 enables the concerned authority to grant contract carriage permit. section 84 envisages the general conditions attaching to all permits. section 86 vests the authority with the power to cancel or suspend the permits. section 88 provides for ..... the further conditions prescribed in section 74 of the act are not applicable to all-india tourist permit vehicles.2. original writ petitioners, respondents herein, are either the holders of contract carriage permits granted under section 74 of the act or holders of all-india tourist permits granted under section 88 of the act. the checking officials seized and detained the .....

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Sep 20 2004 (SC)

Defense Enclave Residents Society Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Sep-20-2004

Reported in : 2005(1)ALD45(SC); 2004(4)AWC3313(SC); [2005(1)JCR67(SC)]; JT2004(7)SC541; 2004(8)SCALE68; (2004)8SCC321

..... the purchasers/allottees of the land, is a matter requiring careful investigation of the facts and circumstances, including the detailed terms of the contract between the second respondent authority and the individual flat purchaser/allottee of sites. it would also require an examination of the basis on which ..... the second respondent authority were either adverted to or considered. the above observations appear to proceed on the tacit assumption that there were individual contracts under which the liability for increased compensation could be passed on to the allottees of lands. a careful perusal of the said order does ..... acquired by second respondent had to be paid higher compensation under the order of this court as it would 'tantamount to violation of the contract between the petitioner and the mda'. it is also pleaded that the action of the second respondent 'clearly infringes the fundamental right to property ..... amount taken from the second party shall be executed later.'10. the petitioner pleads in the writ petition that, in view of this concluded contract, the members of the petitioner society, who were purchasers/allottees of the plots, could not be called upon to pay any additional price, ..... writ petition under article 32 of the constitution on the following, amongst other, grounds:'(iii) that the mda now has record out of the concluded contract between the petitioner society and the mda and the demand, therefore, is not sustainable..(v) that the impugned demand of rs. 694/- per .....

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