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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1969 Page 1 of about 69 results (0.172 seconds)

Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

Decided on : Apr-01-1969

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

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Sep 17 1969 (SC)

Punjab National Bank Ltd. Vs. Shri Vikram Cotton Mills and anr.

Court : Supreme Court of India

Decided on : Sep-17-1969

Reported in : AIR1970SC1973; [1970]40CompCas927(SC); (1970)1SCC60; [1970]2SCR462

..... called the 'creditor'. a guarantee may be either oral or written.10. a promise to be primarily and independently liable for another person's conduct may amount to a contract of indemnity. a contract of guarantee requires concurrence of three persons- the principal debtor, the surety and the creditor-the surety undertaking an obligation at the request express or implied of the principal ..... agreement between the bank and ranjit singh.9. section 124 of the indian contract act defines a 'contract of indemnity'. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... worked out under the scheme.8. in reaching its conclusion that the bond executed, by ranjit singh in favour of the bank was of the nature of a contract of indemnity and not a contract of guarantee, the high court was impressed by the circumstance that the company was not a party to the bond, and that the bond was only a bilateral ..... debtor. the obligation of the surety depends substantially on the principal debtor's default; under a contract of indemnity liability arises from loss caused to the promisee by the conduct of the promisor himself or by the conduct of another person.11. in the present case the company did .....

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Jul 23 1969 (SC)

M.C. Chacko Vs. the State Bank of Travancore, Trivandrum

Court : Supreme Court of India

Decided on : Jul-23-1969

Reported in : AIR1970SC504; (1969)2SCC343; [1970]1SCR658

..... the first instance, were not subject to a charge in favour of the creditors. the court held that the covenant in the partition deed resulted in a contract of indemnity, and not a charge. in the present case also the covenant that m.c. chacko will either personally or out of the properties given to him satisfy ..... the debt is intended to confer a right of indemnity upon other members of the family, if the kottayam bank enforced the liability against them, and created no charge in favour of the bank. clauses 12 ..... create a charge, the kottayam bank not being a party to the deed could enforce the charge only if it was a beneficiary under the terms of the contract, and it is not claimed that the bank was a beneficiary under the deed ex. d-1. the suit against m.c. chacko must therefore be dismised ..... may enforce the rights which the trust so created has given him. the basis of that rule is that though he is not a party to the contract his rights are equitable and not contractual. the judicial committee applied that rule to an indian case khwaja muhammad khan v. husaini begam (1910) 37 i ..... action on the ground of nudum pactum. not only, however, is there nothing in section 2 to encourage the idea that contracts can be enforced by a person who is not a party to the contract, but this notion is rightly excluded by the definition of 'promisor' and 'promisee'.under the english common law only a .....

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Oct 17 1969 (SC)

Sushila Kashinath Dhonde and ors. Vs. Harilal Govindji Bhogani and ors ...

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1971SC1495; (1971)73BOMLR320; (1969)3SCC223; [1970]2SCR950

..... the act, payment under such an agreement is payment of compensation under the act, and the plaintiffs' right to indemnity from the defendants follows.'31. whether certain claims were 'arising out of' or 'under a contract' came up for consideration in government of gibralter v. kenney, l.r.i. [1956] all. e.r ..... are sums which fall under the head 'compensation paid under this act' within the meaning of section 6, so that the plaintiffs are entitled to an indemnity from the defendants.dealing with the interpretation to be placed upon the words in question, the court observed, at p. 435 :but the decisive words ..... the plaintiffs took objection that he had no jurisdiction to deal with certain claims as they did not arise out of or under the agreement or contract. the court overruled the plaintiffs' objections holding :in my view, this arbitration clause is very wide. it covers '...any dispute or difference which shall ..... accept the contention of mr. hattangadi that the rights of the plaintiff flows not from the act or any of its provisions but from the contract, namely the deed of charge. the registered agreement entered into between the parties regarding the construction loan, it must be pointed out, is the ..... entertain the suit. (ii) the claim for a charge over the properties made by the plaintiff in the suit arises under a deed of contract evidenced by the charge dated august 12, 1959 and hence the proceedings initiated by the plaintiff before the court of small causes cannot be considered .....

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Oct 07 1969 (SC)

Ram Prasad S/O Prabhu Dayal Mathur Vaishya Vs. the State of Madhya Pra ...

Court : Supreme Court of India

Decided on : Oct-07-1969

Reported in : AIR1970SC1818; 1970(0)BLJR1078; 1970MhLJ696(SC); (1969)3SCC24; [1970]2SCR677

..... a lien upon the principal's goods or property which comes lawfully in his possession during the course of the agency from which the right to indemnity or compensation arises. a purchasing agent has a lien upon the principal's goods in his possession upon which he has paid money in purchasing ..... matter in which the lien is claimed. the lien does not arise where the possession of the property is acquired by the agent under a contract which expressly or impliedly shows contrary intention, or where it is delivered to him for a particular purpose inconsistent with the existence of lien the/ ..... that it constituted a bailment for security and that it is a pledge within the meaning of section 172 read with section 148 of the contract act. that is not the position here. therefore the high court was fully justified in rejecting the claim of the appellant that he was ..... jadhav naya bazarthakur sahab lashkar, gwalior.i hetampalsingh jadhav son of bhagwansingh jadhav caste thakur, am a resident of naya bazar, lashkar.i, have taken contract for supplying grain seed in district gird for which i need money for bringing every kind of grain from different places. therefore i appoint ramprasad s/o ..... his possession for his compensation and expenses during the course of the agency with reference to that property. section 221 of the contract act provides that in the absence of a contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, of the .....

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Sep 11 1969 (SC)

The State of Uttar Pradesh Vs. Rajkumar Rukmini Raman Brahma

Court : Supreme Court of India

Decided on : Sep-11-1969

Reported in : AIR1969SC1687; (1969)2SCC818; [1970]2SCR355

..... gift made in favour of a wakf. trust, endowment or society established wholly for charitable purposes, unless the state government in any particular case directs otherwise.section 24(b)-any contract or agreement made between an intermediary and any person on or after the first day of july, 1948, which has the effect, directly or indirectly,-(a) . . . . . .(b) of entitling an ..... intermediary to receive on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this act shall be made and is hereby declared null and void.section 73 :there shall be paid by the state government to every .....

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Mar 19 1969 (SC)

Muddada Chavannna Vs. Sri Sri Sri Kodandrama Swami Varu

Court : Supreme Court of India

Decided on : Mar-19-1969

Reported in : 1969(2)LC345(SC)

..... were calculated to defeat the provisions of the madras estates (abolition and conversion into ryotwari) act 26 of 1948, and were on that account void under section 23 of the contract act. the trial court held that the lands in suit were post settlement or darmila inam lands and the appellant was entitled to occupancy rights, provided he succeeded on other ..... entitled to recover the stipulated rent from the appellant, that the appellant had admitted the title of the deities and had been inducted into possession on the basis of a contract of lease, and that he could not challenge their title, that the prior decision of the high court that the lands were pre-settlement inam lands debarred the appellant from .....

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Dec 31 1969 (FN)

Camp Vs. United States

Court : US Supreme Court

Decided on : Dec-31-1969

..... that he had assured the claimant by the arrangement that the secretary would allow to him twenty-five percent of the proceeds of the cotton at least. no bond of indemnity was given by the claimant. by the arrangement, the claimant was also to pay to the agent hart out of the proceeds, when received by him, from page 113 ..... special agent, and not, as alleged in the petition, a supervising special agent of the treasury department. under them, only supervising special agents could bind the united states by contracts with parties proposing, for compensation, to collect and deliver captured and abandoned property. they could not allow more than twenty-five percent of the proceeds without referring the matter to ..... arrangement with hart as obligatory upon the government, but was at liberty, without violating any legal rights that camp had, to allow less compensation than was ordinarily allowed under written contracts made by supervising special agents. indeed, had the secretary, in view of the nonconformity of the proceedings to his regulations, determined not to allow any compensation whatever, it is ..... with an assistant special agent who had no authority whatever to bind the united states in respect of compensation presents no stronger case in law for compensation as upon implied contract than if they were voluntarily rendered without such previous arrangement. an interpretation of the regulations in question different from that indicated would have resulted in transferring to the courts .....

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Dec 31 1969 (FN)

Van Winkle Vs. Crowell

Court : US Supreme Court

Decided on : Dec-31-1969

..... the seller, for the purpose of testing its quality or capacity prior to the full acceptance of the machinery as a compliance with the contract and the relinquishment of the vendor's right of the property, is not inconsistent with the property being with the vendor, notwithstanding such possession ..... a question of intention, to be determined by a consideration of the situation and surroundings of the parties and the subject matter of the contract, and the stipulations to be observed and performed by the parties with respect thereto. the burden of showing satisfactorily that the title has ..... conclusion of law, to be drawn from the undisputed facts of the case, and the witness could not testify to such legal conclusion. the contract contained no stipulation that belser & parker were to be allowed to test the machinery before accepting it. moreover, any provisions in regard to erecting ..... such inspection in december, 1885, and that belser & parker, prior to that time, did not accept the machinery as a compliance with the contract, and then only accepted it conditionally upon the plaintiffs' supplying and changing certain parts of the machinery. that testimony was admitted against the objection of ..... wrote the paper, which belser & parker signed and delivered to him. no other agreement was made than the one contained in that paper. by that contract, the plaintiffs obliged themselves (1) to ship to belser & parker the machinery named therein, (2) to pay the freight thereon to mitchell's station .....

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Dec 31 1969 (FN)

Baldy Vs. Hunter

Court : US Supreme Court

Decided on : Dec-31-1969

..... government recognizing its authority. that within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the ..... in its multiplied forms was there transacted. the simplest purchase of food in the market, as well as the largest dealings of merchants, were generally made in this currency. contracts thus made, not designed to aid the insurrectionary government, could not therefore without manifest injustice to the parties, be treated as invalid between them. hence, in thorington v ..... with civil government or the regular administration of the laws. order was page 171 u. s. 397 to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in time of peace. no one that we are aware of seriously questions the ..... page 171 u. s. 389 within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the .....

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