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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1991 Page 1 of about 81 results (0.055 seconds)

Aug 14 1991 (SC)

Vania Silk Mills (P) Ltd. Vs. Commissioner of Income-tax, Ahmedabad [O ...

Court : Supreme Court of India

Decided on : Aug-14-1991

Reported in : AIR1991SC2104; (1991)3CompLJ124(SC); (1991)98CTR(SC)153; [1991]191ITR647(SC); JT1991(3)SC394; 1991(2)SCALE327; (1991)4SCC22; [1991]3SCR577

..... any right in it in favour of the insurance company. it is by virtue of the contract of insurance or of indemnity, and in terms of the conditions of the contract. under an insurance contract, the assured cannot claim more amount than the sum insured. the sum insured is the maximum liability of the ..... to the property, the insurance company takes over such property or whatever is left of it, does not change the nature of the insurance claim which is indemnity or compensation for the loss. the payment of insurance claim is not in consideration of the property taken over by the insurance company, for one is ..... property, there is no transfer of it in favour of a third party. the money received under the insurance policy in such cases is by way of indemnity or compensation for the damage, loss or destruction of the property. it is not in consideration of the transfer of the property or the transfer of ..... insured the machinery hired from the assessee, since it was liable to make good the loss of the machinery to the assessee. this is implied under a contract of bailment unless it is provided to the contrary. m/s. jasmine mills further admittedly paid the insurance amount pro rata to the assessee. in the ..... from m/s. jasmine mills was paid to it in satisfaction or in working out of its right, if any, to recover damages under law or contract for the loss or damage caused to the machinery. we do not see any difficulty in holding that it was an amount received by the assessee as .....

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Jun 13 1991 (FN)

Litton Fin. Printing Div. Vs. Nlrb

Court : US Supreme Court

Decided on : Jun-13-1991

..... an expert tribunal," nolde, supra, at 430 u. s. 254 , the majority invites protracted litigation about what rights may "accrue" or "vest" under the contract -- litigation aimed solely at determining whether the dispute will be resolved by arbitration. more fundamentally, because the arbitrator is better equipped than are judges to make the often ..... pension contributions in advanced lightweight concrete co., other contractual obligations will cease, in the ordinary course, upon termination of the bargaining agreement. exceptions are determined by contract interpretation. rights which accrued or vested under the agreement will, as a general rule, survive termination of the agreement. and of course, if a collective bargaining ..... occurrences that arise before expiration, where a post-expiration action infringes a right that accrued or vested under the agreement, or where, under the normal principles of contract interpretation, the disputed contractual right survives expiration of the remainder of the agreement. and, as nolde bros. found, structural provisions relating to remedies and dispute resolution ..... collective bargaining agreement (agreement) between petitioner litton and the union representing the production employees at litton's printing plant broadly required that all differences as to contract construction or violations be determined by arbitration, specified that grievances that could not be resolved under a two-step grievance procedure should be submitted for binding arbitration .....

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May 13 1991 (FN)

Gilmer Vs. Interstate/Johnson Lane Corp.

Court : US Supreme Court

Decided on : May-13-1991

..... first, those cases did not involve the issue of the enforceability of an agreement to arbitrate statutory claims. rather, they involved the quite different issue whether arbitration of contract-based claims precluded subsequent judicial resolution of statutory claims. since the employees there had not agreed to arbitrate their statutory claims, and the labor arbitrators were not authorized ..... that gilmer's employment agreement with interstate contained a written arbitration clause. rather, the arbitration clause at issue is in gilmer's securities registration application, which is a contract with the securities exchanges, not with interstate. the lower courts addressing the issue uniformly have concluded that the exclusionary clause in 1 of the faa is inapplicable to ..... even when claims of age discrimination are at issue, skirts the antecedent question of whether the coverage of the act even extends to arbitration clauses contained in employment contracts, regardless of the subject matter of the claim at issue. in my opinion, arbitration clauses contained in employment agreements are specifically exempt from coverage of the faa, ..... primary concern animating the faa was the perceived need by the business community to overturn the common law rule that denied specific enforcement of agreements to arbitrate in contracts between business entities. the act was drafted by a committee of the american bar association (aba), acting upon instructions from the aba to consider and report upon .....

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Apr 17 1991 (FN)

Carnival Cruise Lines, Inc. Vs. Shute

Court : US Supreme Court

Decided on : Apr-17-1991

..... of proof," ibid. required to set aside the clause on grounds of inconvenience. pp. 499 u. s. 594 -595. (c) although forum selection clauses contained in form passage contracts are subject to judicial scrutiny for fundamental fairness, there is no indication that petitioner selected florida to discourage cruise passengers from pursuing legitimate claims or obtained the shutes' accession to ..... a clause establishing ex ante the forum for dispute resolution has the salutary page 499 u. s. 594 effect of dispelling any confusion about where suits arising from the contract must be brought and defended, sparing litigants the time and expense of pretrial motions to determine the correct forum, and conserving judicial resources that otherwise would be devoted to ..... the forum clause by fraud or overreaching. finally, respondents have conceded that they were given notice of the forum provision and, therefore, presumably retained the option of rejecting the contract with impunity. in the case before us, therefore, we conclude that the court of appeals erred in refusing to enforce the forum selection clause. b respondents also contend ..... right to "a trial by [a] court of competent jurisdiction," and thereby contravene the explicit proscription of 183c. instead, the clause states specifically that actions arising out of the passage contract shall be brought "if at all," in a court "located in the state of florida," which, plainly, is a "court of competent jurisdiction" within the meaning of the .....

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Apr 01 1991 (FN)

City of Columbia Vs. Omni Outdoor Advertising

Court : US Supreme Court

Decided on : Apr-01-1991

..... action from antitrust scrutiny amounts to little more than a bold and disturbing act of judicial legislation page 499 u. s. 398 which dramatically curtails the statutory prohibition against "every" contract in restraint of trade. [ footnote 2/11 ] iv just as i am convinced that municipal "lawmaking that has been infected by selfishly motivated agreement with private interests," ante ..... 268 , n. 18 (1977) (race-based motivation). justice stevens, with whom justice white and justice marshall join, dissenting. section 1 of the sherman act provides in part: " every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal." 15 ..... case with respect to coa. omni asserts that coa engaged in private anticompetitive actions such as trade libel, the setting of artificially low rates, and inducement to breach of contract. thus, although the jury's general verdict against coa cannot be permitted to stand (since it was based on instructions that erroneously permitted liability for seeking the ordinances, ..... a number of anticompetitive private actions, such as offering artificially low rates, spreading untrue and malicious rumors about omni, and attempting to induce omni's customers to break their contracts. finally (and this is what gives rise to the issue we address today), coa executives met with city officials to seek the enactment of zoning ordinances that would restrict .....

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Mar 19 1991 (FN)

N. and W. Ry. Vs. TraIn Dispatchers

Court : US Supreme Court

Decided on : Mar-19-1991

..... the legislative history, judge ginsburg concluded: "from our review of this history, we are confident that congress did not intend, when it enacted the immunity provision, to override contracts. first, congress focused nearly exclusively, in the hearings and debates on the 1920 act, on specific types of laws it intended to eliminate -- all of which were positive ..... in either of its predecessors. obviously, consolidated carriers would find it useful to have the ability to disavow disadvantageous long-term leases on obsolete car repair facilities, employment contracts with high salaried executives whose services are no longer needed, as well as collective bargaining agreements that provide costly job security to a shrinking workforce. if congress had intended ..... to the carriers' collective bargaining agreements, the rla, does not survive the merger in this case. the rla governs the formation, construction, and enforcement of the labor-management contracts in issue here. it requires carriers and employees to make reasonable efforts "to make and maintain" collective bargaining agreements, 45 u.s.c. 152 first, and to ..... the legislative history demonstrates a congressional intent that 11341(a) apply to specific types of positive laws, and not to common law rules of liability such as those governing contracts, the court declined to decide whether the section could operate to override provisions of the railway labor act (rla) governing the formation, construction, and enforcement of the .....

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Dec 09 1991 (FN)

Evans Vs. United States

Court : US Supreme Court

Decided on : Dec-09-1991

..... . 257 , 270 (1991) ("it goes without saying that matters of intent are for the jury to consider"). in this respect a prosecution under the statute has some similarities to a contract dispute, with the added and vital element that motive is crucial. for example, a quid pro quo with the attendant corrupt motive can be inferred from an ongoing course of ..... a. 2d 161, 166, in which a sanitary inspector was charged with extortion for accepting payments by a scavenger who held a garbage removal contract and who made payments in order to ensure the continuation of the contract, merely supports the proposition that extortion was not limited to the overpayment of fees. the common-law crime of extortion was broader than the .....

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Oct 15 1991 (FN)

Simon and Schuster, Inc. Vs. Members of N. Y. State Crime Victims Bd.

Court : US Supreme Court

Decided on : Oct-15-1991

..... to stricter scrutiny than would be applied to enforcement against other persons or organizations"). this argument falters on both semantic and constitutional grounds. any "entity" that enters into such a contract becomes by definition a medium of communication, if it was not one already. in any event, the characterization of an entity as a member of the "media" is irrelevant ..... even if the first amendment prohibits content-based financial regulation specifically of the media, the son of sam law is different, because it imposes a general burden on any "entity" contracting with a convicted person to transmit that person's speech. cf. cohen v. cowles media co., 501 u. s. 663 , 670 (1991) ("[e]nforcement of ... general laws against ..... permissible under the amendment because it focuses generally on an "entity" rather than specifically on the media falters, first, on semantic grounds, since any entity that enters into a contract with a convicted person to transmit that person's speech becomes by definition a medium of communication, and, second, on constitutional grounds, since the governmental power to impose content-based ..... and intelligently admitted the commission of a crime for which such person is not prosecuted." mter it discovered that petitioner publisher had signed an agreement with an author who had contracted with admitted organized crime figure henry hill for the production of a book about hill's life, the board, inter alia, determined that petitioner had violated the son of .....

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Jun 17 1991 (FN)

Oklahoma Vs. New Mexico

Court : US Supreme Court

Decided on : Jun-17-1991

..... new mexico, 462 u. s. 554 , 462 u. s. 564 (1983). the parties made an agreement, and have acted in reliance upon the terms of that contract and settled principles of contract law. the contract law principles of all three states disallow recourse to evidence outside the record under these circumstances. in those jurisdictions, where the language of an agreement clearly expresses ..... all the rest would naturally flow down to texas and oklahoma. the court today rewrites that simple allocation. while rivers such as the canadian may be unpredictable, interpretation of contracts involving those rivers should not be. the court frustrates settled expectations by rewriting the compact to mean something other than what its language says. accordingly, i dissent from 501 u ..... v. new mexico, 482 u. s. 124 , 482 u. s. 128 (1987). congressional consent elevates an interstate compact into a law of the united states, yet it remains a contract which is subject to normal rules of enforcement and construction. thus, "unless the compact to which congress has consented is somehow unconstitutional, no court may order relief inconsistent with its ..... scalia, and justice kennedy join, concurring in part and dissenting in part. an interstate compact, though provided for in the constitution, and ratified by congress, is nonetheless essentially a contract between the signatory states. the court's opinion page 501 u. s. 243 overruling new mexico's objections to the report of the special master varies the terms of a .....

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Jun 06 1991 (FN)

Chambers Vs. Nasco, Inc.

Court : US Supreme Court

Decided on : Jun-06-1991

..... performance"); ibid. ("chambers, knowing that nasco had a good and valid contract, hired gray to find a defense and arbitrarily refused to perform, thereby forcing nasco to bring its suit for specific performance and injunctive relief"); id. at 125 (petitioner's ..... arrogant refusal to honor and perform this perfectly legal and enforceable contract." 124 f.r.d. at 136. see also id. at 143 ("chambers arbitrarily and without legal cause refused to perform, forcing nasco to bring its suit for specific ..... faith for which petitioner was sanctioned extended beyond the litigation tactics and comprised as well what the district court considered to be bad faith in refusing to perform the underlying contract three weeks before the lawsuit began. the court made explicit reference, for instance, to "this massive and absolutely unnecessary lawsuit forced on nasco by chambers' arbitrary and ..... under its own authority and jurisdiction to regulate. the district court failed to discharge this obligation, for it allowed sanctions to be awarded for petitioner's prelitigation breach of contract. the majority, perhaps wary of the district court's authority to extend its inherent power to sanction prelitigation conduct, insists that "the district court did not attempt to .....

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