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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1966 Page 1 of about 48 results (0.064 seconds)

Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

Decided on : Jun-06-1966

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

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Oct 03 1966 (SC)

Srinivas Gupta Vs. Hindustan Commercial Bank Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1966

Reported in : [1967]37CompCas434(SC)

..... brothers for the sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel for the appellant has ..... not in our opinion enough to absolve the appellant of the liability which lay on him under clause 13 of the agreement. the liability under the contract of indemnity contained in that clause was to make good the loss to be caused to the bank in circumstances like the present to which clause 13 is ..... that the tins of ghee contained rotten ghee or water, the appellant became liable under the contract of indemnity contained in clause 13 of the agreement. under that clause it was his duty ,to see that goods pledged to the bank as security were not ..... has come before us.6. we are of opinion that there is no force in this appeal. clause 13 of the agreement is clearly a contract of indemnity by which the bank is indemnified in connection with certain matters mentioned therein. it has not been and cannot be disputed that when it was found ..... the bank then went in appeal to the high court. the high court allowed the appeal and held that clause 13 of the agreement was a contract of indemnity and mere execution of the two mortgages would not absolve the appellant of the responsibility that lay on him under clause 13. it further held that the .....

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Mar 29 1966 (SC)

Ellerman and Bucknall Steamship Co. Ltd. Vs. Sha Misrimal Bherajee

Court : Supreme Court of India

Decided on : Mar-29-1966

Reported in : AIR1966SC1892; [1966]SuppSCR92

..... moneys against goods which were not the goods agreed to be sold and which were not consigned according to the contract. the very fact that the second defendants have obtained an indemnity for issuing the bills of lading without disclosing the real state of facts would show their consciousness that they ..... the ship owners had to make good the loss. the plaintiffs sued the defendants under the indemnity, the benefit of which had been assigned to them. the defendants refused to pay, alleging that the contract of indemnity was illegal, because it had as its object the making by the ship owners of a ..... obviously intended, in collusion with the seller, to enable him to operate upon the credit with the bank. this collusion is also apparent from the indemnity bond they took from the seller to guard themselves against the consequences of the said representation. all the elements of deceit are present. 26. the ..... the learned city civil judge reads : 'did the second defendant act bona fide throughout in issuing the bills of lading and in taking an indemnity from the shippers ?'. 10. the judgment of the learned city civil judge discloses that the question of misrepresentation by collusion was argued and the learned ..... in reused fibre drums. the bills of lading issued by the ship owners described the drums simply as drums. after taking a letter of indemnity to cover against any loss, the ship owners issued clean bills of lading. the seller negotiated the bills of lading with the marine midland trust .....

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Oct 26 1966 (SC)

Commissioner of Income-tax, Madras Vs. Prithvi Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Oct-26-1966

Reported in : AIR1967SC853; [1967]63ITR632(SC); [1967]1SCR943

..... of life insurance possesses peculiar characteristics which do not exist in respect of other insurance businesses. firstly, the life insurance policies are not contracts of indemnity; they are forms of investments. other classes of insurance business are contracts of indemnity. secondly, the contract in the general insurance is generally annual, while in the case of life business the risk continues until death. unlike general insurance ..... contracts, the life contract, is made once and for all. the general insurance contracts, are in law, fresh contracts entered into at the time of each renewal. thirdly, life .....

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Apr 07 1966 (SC)

Vithal Das Vs. Rupchand and ors.

Court : Supreme Court of India

Decided on : Apr-07-1966

Reported in : AIR1967SC188; 1966MhLJ1129(SC); [1966]SuppSCR164

..... advantage so gained, but subject to payment by such persons of their due shares of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.' 7. section 95 provides as follows : 'the person holding property in accordance with any of the ..... or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full ..... remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the ..... could only be awarded if there was a debt or a sum certain payable at a certain time or otherwise by virtue of some written contract and there must have been a demand in writing stating that interest will be demanded from the date of the demand. the same view has ..... in the first instanceito establish the existence of a state of circumstances which attracts the equitable jurisdiction, as, for example, the non-performance of a contract of which equity can give specific performance'.' 5. the decision of the judicial committee in bengal nagpur rly. co. ltd. v. ruttanji ramji 65 .....

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Jun 06 1966 (FN)

United States Vs. Utah Construction and Mining Co.

Court : US Supreme Court

Decided on : Jun-06-1966

..... exercising functions in connection with the national defense may, upon a finding that such action would "facilitate the national defense," enter into amendments and modifications of contracts without regard to other provisions of law respecting such amendments and modifications. as implemented by the departmental procurement regulations, see aspr, 32 cfr 17.000 et seq ..... the government orders permitted changes in the work or if the contractor encounters changed conditions differing materially from those ordinarily anticipated. likewise, it is provided that the contract shall not be terminated, nor the contractor charged with liquidated damages, if he is delayed in completing the work by unforeseeable conditions beyond his control, including ..... u. s. 407 -411. (d) congress and the military procurement agencies recognize the jurisdictional limitations of the boards by enacting alternative administrative remedies and by fashioning additional contract adjustment provisions to deal with claims for delay damages such as presented here. pp. 384 u. s. 413 -417. (e) the development of these additional contractual ..... upon the parties thereto." after completing the project, respondent filed claims seeking additional compensation and time extensions pursuant to the "changed conditions" clause of the contract. the advisory board of contract appeals, after hearings, (1) denied the request for time extension and damages for the "pier drilling" claim, finding that increased costs were incurred by .....

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Mar 24 1966 (FN)

Automobile Workers Vs. Hoosier Cardinal Corp.

Court : US Supreme Court

Decided on : Mar-24-1966

..... would tend to stimulate and prolong disputes as to its interpretation. indeed, the existence of possibly conflicting legal concepts might substantially impede the parties' willingness to agree to contract terms providing for final arbitral or judicial resolution of disputes." ". . . the ordering and adjusting of competing interests through a process of free and voluntary collective bargaining ..... the nature of a specific 301 suit for the purpose of selecting the appropriate state limitations provision. indeed, as the present case indicates, consideration of the separate contracts for that purpose is entirely acceptable. the petitioner seeks damages based upon an alleged breach of the vacation pay clause in a written collective bargaining agreement. proof of ..... actions that can only be characterized fairly as based exclusively upon a written agreement. but since many 301 actions for wages or other individual benefits will concern employment contracts of the sort involved here, there is no reason to inhibit the achievement of an identifiable goal of labor policy by precluding application of the generally shorter limitations ..... , limitations questions will have an impact on the negotiation and administration of the collective agreement in many instances -- for example, if the parties decide to limit by contract the period for bringing suit. the laws of the several states vary with respect to the enforceability of such contractual limitations periods, particularly when it is asserted that .....

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Jun 13 1966 (FN)

Ftc Vs. Dean Foods Co.

Court : US Supreme Court

Decided on : Jun-13-1966

..... the ftc had not entered a cease and desist order, and had no authority to institute the proceeding, congress having failed to enact bills introduced for such a purpose. the contract was then closed. mr. justice clark, on application, issued a preliminary injunction against material corporate changes in the acquired company and subsequently this court granted certiorari. held: 1. the court ..... provided otherwise for bestowing this authority upon said commission." 356 f.2d 481, 482. a few hours after the court of appeals entered its order on january 19, 1966, the contract was closed and dean acquired legal title to bowman's operating assets. page 384 u. s. 601 upon application by the solicitor general on behalf of the commission, mr. justice .....

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Mar 28 1966 (FN)

United Mine Workers Vs. Gibbs

Court : US Supreme Court

Decided on : Mar-28-1966

..... actual damages awarded substantially exceeded the proof, and the punitive damage award may have rested in part on the award of actual damages for interference with the haulage contract, which was vacated as unproved. [ footnote 7 ] see clark on code pleading 75 et seq. (1928); clark, the code cause of action, ..... which its liability could be inferred was a conspiracy of violence, but that it was a conspiracy to impose the umw and the umw's standard contract on the coal fields of tennessee. [ footnote 20 ] under the state law, it would not have been relevant that the union had not ..... on motion, the trial court set aside the damages award with respect to the haulage contract on the ground that damage was not proved. it also held that union pressure on respondent's employer to discharge him would constitute only ..... state law claim, for which jurisdiction was based on the doctrine of pendent jurisdiction, asserted an unlawful conspiracy and boycott to interfere with respondent's contracts of employment and haulage. the jury found that petitioner had violated both 303 and state law, and respondent was awarded actual and punitive damages. ..... through a subsidiary, attempted to open a new mine nearby with members of a rival union. respondent was hired as mine superintendent and given a contract to truck coal to the nearest rail loading point. on august 15 and 16, 1960, armed members of petitioner's local forcibly prevented the opening .....

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Dec 12 1966 (FN)

ins Vs. Errico

Court : US Supreme Court

Decided on : Dec-12-1966

..... affirmed, and the court of appeals for the second circuit affirmed the board. 350 f.2d 279. the court agreed with the board of immigration appeals that a sham marriage contracted solely to circumvent the immigration laws would not confer nonquota status on an alien as the spouse of an american citizen. it also affirmed the ruling that mrs. scott was ..... given to conceal some factor that would bear on admissibility. 349 f.2d 541. we granted certiorari. 383 u.s. 941. petitioner scott in no. 91, a native of jamaica, contracted a marriage with a united states citizen by proxy solely for the purpose of obtaining nonquota status for entry into the country. she has never lived with her husband, and .....

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