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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1986 Page 1 of about 82 results (0.053 seconds)

Jul 17 1986 (SC)

M. Ct. Muthiah and anr. Vs. Controller of Estate Duty, Madras

Court : Supreme Court of India

Decided on : Jul-17-1986

Reported in : AIR1986SC1863; (1986)58CTR(SC)164; [1986]161ITR768(SC); 1986(2)SCALE54; 1986Supp(1)SCC375; [1986]3SCR315

..... of property as he thought fit, whether exercisable by instrument inter vivos or by will or both. a personal accident policy was not a contract of indemnity. the amount payable on death of the insured was fixed in the policy itself. it was in the contemplation of the parties even at the ..... time of the contract that in the case of death the amount would be payable either to the nominee or the legal representative and not to ..... of bargain and sale. it includes goodwil, trade marks, licences to use a patent, book debts, options to purchase, life policies and other rights under a contract. an annuity secured only by a personal undertaking was not, however, treated as property; nor was a revocable licence, according to that dictionary.30. the ..... limb was an interest in expectancy and it would have been in interest in presenti the moment the accident occurred resulting in loss of limb. the contract of insurance contained in the two relevant policies conferred on the deceased the benefit of the policies, namely, the right to exact a particular amount ..... legal representatives in case of loss as a result of accident. it, therefore, could not be said that the deceased had never any interest in the contracts of insurance contained in the said two policies and money payable thereunder. to this extent, the gujarat high court dissented from the madras high court's .....

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Aug 19 1986 (SC)

Centax (India) Ltd. Vs. Vinmar Impex Inc. and ors.

Court : Supreme Court of India

Decided on : Aug-19-1986

Reported in : AIR1986SC1924; [1987]61CompCas697(SC); JT1986(1)SC175; 1986(2)SCALE254; (1986)4SCC136; 1986(2)LC559(SC)

..... the issuing bank from recalling the amount paid under reserve from the negotiating bank, acting on behalf of the beneficiary against a documents of guarantee indemnity at the instance of the beneficiary. in dealing with the nature of a banker's obligation under an irrevocable letter of credit, the court observed ..... including the decision of this court in united commercial bank's case and held that the obligation of the allahabad bank under the letters of indemnity countersigned by the appellant was absolute and upon a demand being made by the shipping company i.e. the beneficiary, the bank was liable to ..... xxxix, rule 1 of the cpc, 1908 restraining the allahabad bank from making any payment to the shipping company in terms of the letters of indemnity and also restraining respondent no. 1 from recover ing the amount due thereunder.4. the high court has disallowed the application made by the appellant ..... realised the proceeds amounting to rs. 17,50,000. the shipping company having made a demand upon the allahabad bank to honour the letters of indemnity and the bank having called upon the appellant to pay the amount due, the appellant brought a suit in the original side of the calcutta ..... courts will leave the merchants to settle their disputes under the contracts by litigation or arbitration as available to them or stipulated in the contracts.6. we do not see why the same principles should not apply to a banker's letter of indemnity.7. accordingly, the appeal must fail and is dismissed with .....

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Apr 06 1986 (SC)

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Decided on : Apr-06-1986

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... at least in england, of this theory. in gillespie brothers & co. ltd. v. roy bowles transport ltd. 1973 (1) q.b. 400 where the question was whether an indemnity clause in a contract, on its true construction, relieved the indemnifier from liability arising to the indemnified from his own negligence, lord denning said (at pages 415-6) : the time may come when ..... at common law when it would be quite unconscionable for him to do so.in the above case the court of appeal negatived the defence of the indemnifier that the indemnity clause did not cover the negligence of the indemnified. it was in lloyds bank ltd. v. bundy 1974 (3) all e.r. 757 that lord denning first clearly enunciated ..... to contractual capacity, fraud and other invalidating causes; the policy also overlaps with rules which render particular bargains or terms unenforceable on grounds of public policy. policing against unconscionable contracts or terms has sometimes been accomplished by adverse construction of language, by manipulation of the rules of offer and acceptance or by determinations that the clause is contrary to public ..... observed (at page 1032), 'today the government, as a welfare state, _is the regulator and dispenser of special services and provider of a large number of benefits, including jobs, contracts, licences, quotas, mineral rights, etc.' the question in that case was whether the international airport authority constituted under the international airports authority act, 1971, came within the meaning of .....

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Feb 25 1986 (FN)

City of Renton Vs. Playtime theatres

Court : US Supreme Court

Decided on : Feb-25-1986

city of renton v. playtime theatres - 475 u.s. 41 (1986) u.s. supreme court city of renton v. playtime theatres, 475 u.s. 41 (1986) city of renton v. playtime theatres, inc. no. 84-1360 argued november 12, 1985 decided february 25, 1986 475 u.s. 41 appeal from the united states court of appeals for the ninth circuit syllabus respondents purchased two theaters in renton, washington, with the intention of exhibiting adult films and, at about the same time, filed suit in federal district court, seeking injunctive relief and a declaratory judgment that the first and fourteenth amendments were violated by a city ordinance that prohibits adult motion picture theaters from locating within 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park, or school. the district court ultimately entered summary judgment in the city's favor, holding that the ordinance did not violate the first amendment. the court of appeals reversed, holding that the ordinance constituted a substantial restriction on first amendment interests, and remanded the case for reconsideration as to whether the city had substantial governmental interests to support the ordinance. held: the ordinance is a valid governmental response to the serious problems created by adult theaters and satisfies the dictates of the first amendment. cf. young v. american mini theatres, inc., 427 u. s. 50 . pp. 475 u. s. 46 -55. (a) since the ordinance does not ban adult theaters altogether, it is properly .....

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Jul 02 1986 (FN)

Sheet Metal Workers Vs. Eeoc

Court : US Supreme Court

Decided on : Jul-02-1986

..... 2 cch employment practices ? 3776 (1985) (hereinafter memorandum); see 41 fed.reg. 38815 (1976) (eeoc policy statement on affirmative action programs for state and local government agencies); office of federal contract compliance programs v. priester construction co., no. 78-0fccp-11 (feb. 22, 1983), summarized in ofccp order no. 970a3, reprinted in 2 bna aacm d:9121 (1983). in the view ..... ." 118 cong.rec. 1665 (1972). [ footnote 40 ] the house considered a bill that would have transferred administration of executive order 11246 from the department of labor's office of federal contract compliance (ofcc) to the eeoc. see h.r. 1746, 92d cong., 1st sess., 717(f) (1971); h.r.rep. no. 92-238, pp. 14-16, 57 (1971). because the ofcc ..... highly relevant to the one legitimate state objective of eliminating the pernicious vestiges of past discrimination"); fullilove v. klutznick, 448 u. s. 448 (1980) (upholding 10% set aside of federal contract funds for minority businesses); university of california regents v. bakke, 438 u. s. 265 (1978) (state university may consider race as a factor in admissions process); united jewish organizations of .....

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Jul 02 1986 (FN)

Firefighters Vs. City of Cleveland

Court : US Supreme Court

Decided on : Jul-02-1986

..... only those craftworkers with prior experience, and that the craft unions had excluded blacks. hence, the company's craftworkers were almost totally white. the company and the union negotiated a contract to break this discriminatory pattern, and we held that there was no violation of title vii. but the company's prior discriminatory conduct provided the predicate for a temporary remedy ..... enforcement of a consent decree, because it will be unnecessary to prove many facts that would otherwise have to be shown in order to establish the validity of an ordinary contract. a court that maintains continuing jurisdiction over a consent decree will have a more flexible repertoire of enforcement measures. and it is likely to be easier to channel litigation concerning ..... , then, as we have previously recognized, consent decrees "have attributes both of contracts and of judicial decrees," a dual character that has resulted in different treatment for different purposes. united states v. itt continental baking co., supra, at 420 u. s. 235 -237 ..... some of the earmarks of judgments entered after litigation. at the same time, because their terms are arrived at through mutual agreement of the parties, consent decrees also closely resemble contracts. see united states v. itt continental baking co., 420 u. s. 223 , 420 u. s. 235 -237 (1975); united states v. armour & co., 402 u. s. 673 (1971). more accurately .....

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Jul 02 1986 (FN)

Baker Vs. General Motors Corp.

Court : US Supreme Court

Decided on : Jul-02-1986

..... .w.2d 128 (1980), and we adopt here:" " action taken by employees under a contract negotiated for them by their authorized agent must be considered their voluntary acts. in effect, plaintiff agreed to [act] pursuant to the collective bargaining agreement." "any other holding would make ..... all actions taken by union members pursuant to a union contract involuntary, and relieve the members of responsibility for their contract-based actions. we cannot agree with such a rule. the plaintiffs' emergency dues payments were not involuntary." 420 mich. at 499, 363 n.w.2d ..... contract does not make the plaintiffs' action in accord with the contract 'involuntary.' as the court of appeals said in applegate v. palladium publishing co., 95 mich.app. 299, 305; 290 n ..... ] "as noted above, the statute does not recognize such a ploy. uaw membership is required for employment by gm because the uaw bargains for such a provision in its contract with gm. in so doing, the uaw represents its members, and they must ratify any contract agreed upon by the uaw and gm. therefore, any 'coercion' resulting from the terms of the .....

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Jan 22 1986 (FN)

Transcontinental Gas Vs. State Oil Bd.

Court : US Supreme Court

Decided on : Jan-22-1986

..... opinion that a midstream expansion in the coverage of a state regulation justifies preemption if the party to whom the rule is applied claims disappointed expectations is nothing less than contract clause jurisprudence masquerading as preemption. a page 474 u. s. 435 party runs the risk of reasonably foreseeable applications of new principles of state law to its activities, ..... liability for its realized downside contractual risk resulting from the take-or-pay clauses would have been limited or avoided at the expense of the operating owners with whom it contracted. the board instead ruled in favor of coastal and against transco, finding, inter alia: "transco's course of conduct has been to discriminate against the owners (like coastal ..... committed to purchase gas in excess of market demand. mississippi's rule will require transco to take delivery of noncontract gas; this will lead transco not to take delivery of contract gas elsewhere, thus triggering take-or-pay provisions. transco's customers will ultimately bear such increased costs, see app. 161, unless ferc finds that transco's purchasing practices ..... various wells. normally, these lesser owners rely on the well operators to arrange the sales of their shares of the production, see app. 26, although some nonoperator owners contract directly either with the pipeline that purchases the operator's gas or with other customers. appellant transcontinental gas pipe line corporation (transco) operates a natural gas pipeline that transports .....

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Jul 07 1986 (FN)

University of Tennessee Vs. Elliott

Court : US Supreme Court

Decided on : Jul-07-1986

..... crabbed reading to the board's authority where it has stayed within its sphere, but should accept it as the primary factfinding tribunal whose factual determinations (in disputes under the contract) must be received, if valid, in the same way as those of other courts or of the independent administrative agencies. under the more modern view, the findings of the ..... , as applied in bianchi, should dispel these doubts. the supreme court made it plain that congress intended the boards (and like administrative representatives) to be the factfinders within their contract area of competence, just as the interstate commerce commission, the federal trade commission, and the national labor relations board are the factfinders for other purposes. in the light of bianchi ..... 384 u. s. 394 (1966). in my opinion, that analogy is seriously flawed. in utah construction, the court held that, in a dispute arising under a government contract, factual findings by the board of contract appeals were binding on the court of claims. in support of its dictum that the holding was "harmonious with general principles of collateral estoppel," id. at 384 ..... united states v. utah construction & mining co., 384 u. s. 394 (1966), we held that the factfinding of the advisory board of contract appeals was binding in a subsequent action in the court of claims involving a contract dispute between the same parties. we explained: "although the decision here rests upon the agreement of the parties as modified by the wunderlich .....

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Jul 02 1986 (FN)

Randall Vs. Loftsgaarden

Court : US Supreme Court

Decided on : Jul-02-1986

..... value of any other direct benefit the defendant received from the bargain, such as interest. e.g., 2 black, supra, 617, at 1485, 1487; 5 a. corbin, contracts 1114, p. 607 (1964); 1 g. palmer, law of restitution 3.9, p. 275, 3.11, p. 294, 3.12, pp. 303-305 (1978); ..... quo ante, the plaintiff must return to the defendant the subject of the transaction, plus whatever else he may have bargained for and received under the contract by way of money, property, other consideration, or benefit, and the defendant must return to the plaintiff the consideration furnished by the plaintiff, plus the ..... and equity, rescission entails the undoing of the original transaction and restitution involves the restoration of each party to his precontract position. e.g., 3 h. black, rescission of contracts and cancellation of written instruments 616, p. 1482 (2d ed., 1929); d. dobbs, remedies 9.4, p. 618 (1973); c. mccormick, law of damages ..... and were allowed to recover the full consideration he gave for the transaction, the plaintiff would be placed in a better position than he occupied before the contract was made -- a result contrary to the theory of restitution. e.g. corbin, supra; 3 black, supra, 617, at 1488 ("[a] party will ..... not be permitted to rescind a contract so as to reclaim what he has parted with, and at the same time retain what he has received in the transaction"). application of these common law .....

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