Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1994 Page 1 of about 58 results (0.059 seconds)

Jul 15 1994 (SC)

State Trading Corporation of India Ltd. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Jul-15-1994

Reported in : 1994(72)ELT797(SC); JT1994(4)SC528; 1994(3)SCALE292; 1994Supp(3)SCC40; 1994(2)LC493(SC)

..... buyers and the appellant claiming reimbursement from the indian suppliers for the loss sustained by it on account of such claim for damages on the basis of the indemnity clause contained in the contract between the indian suppliers and the appellant. we make it clear that the observations of the high court referred to above will not preclude the appellant from making ..... appellant to raise this question in the event of such a contingency arising in future.11. we, however, find that the question as to the applicability of the indemnity clause in the contract between the indian suppliers and the appellant to claims by the foreign buyers against the appellant was not specifically raised before the high court and the high court has ..... . the learned additional solicitor general, in support of the appeals, has raised the said question and has urged that in spite of the frustration of the contract between the appellant and the foreign buyers the indemnity clause between the indian suppliers and the appellant remain operative and in the event of the appellant being held liable for damages in a claim by ..... the local suppliers with the appellant in accordance with the scheme canalisation of export of silver, there is following provision relating to indemnity:any cess, duty, rate to tax, whatsoever, payable in respect of any transaction covered by this contract shall be borne by the supplier. the supplier hereby indemnifies the stc and shall always keep it indemnified against all claims, including .....

Tag this Judgment!

Sep 30 1994 (SC)

Life Insurance Corporation of India Vs. Vishwanath Verma and Others

Court : Supreme Court of India

Decided on : Sep-30-1994

Reported in : AIR1995SC189; [1995]82CompCas191(SC); JT1994(6)SC379; 1994(4)SCALE364; 1994Supp(3)SCC569; [1994]Supp4SCR87; 1995(1)LC200(SC)

..... a term dependent on human life and shall be deemed to include -(a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance,(b) the granting of annuities upon human life; and(c) the granting of superannuation allowances and annuities payable out ..... before expiration of one year and to renew and extend the insurance during successive years if required premiums were paid was held to be a contract of insurance for the term of one year only, with provisions for renewal for successive years.(vi) advance insurance, i.e. insurance providing ..... business was nationalised in 1956 by establishing the life corporation of india.19. as the statement of objects and reasons clearly points out all the contracts for assurance executed by the corporation are guaranteed by the central government. that is also evident from section 37 of the act. if, therefore, ..... , in chandulal harjivandas v. commissioner of income-tax, gujarat : [1967]63itr627(sc) it was observed:life insurance is a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of ..... of such persons.11. life insurance is a promise to pay a certain sum upon the death of the assured. life insurance is a contract whereby the insured agrees to pay certain sums, called premiums, at specified times, and in consideration thereof the insurer agrees to pay certain sums .....

Tag this Judgment!

May 20 1994 (SC)

Morgan Stanley Mutual Fund Vs. Kartick Das

Court : Supreme Court of India

Decided on : May-20-1994

Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136

..... india was a payment under reserve while that of rs. 49,31,496 was also made under reserve as well as against the letter of guarantee or indemnity executed by it. a payment 'under reserve' is understood in banking transactions to mean that the recipient of money may not deem it as his own ..... diverse rights contained in the contact evidenced by the articles of association of the company. 15. therefore, it is after allotment, rights may arise as per the contract (article of association of company). but certainly not before allotment. at that stage, he is only a prospective investor of future goods. the issue was yet ..... more. he sold what in england would have been choses in action and he delivered choses in action. but in india, by the terms 'of the contract act, these choses in action are goods. by the definition of goods as every kind of moveable property it is clear that, not only registered shares, but ..... goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. as to the scope of this clause, reference may be made to maneckji pestonji bharucha and ors. v. wadi lal sarabhai & com. :air (1926 ..... stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. it will be useful to refer to clause (6) of section 2 of the sale of goods act, 1930. that reads :further goods' means .....

Tag this Judgment!

Feb 15 1994 (SC)

The Food Corporation of India Vs. the New India Assurance Co. Ltd. and ...

Court : Supreme Court of India

Decided on : Feb-15-1994

Reported in : AIR1994SC1889; [1995]84CompCas214(SC); JT1994(1)SC703; 1994(1)SCALE591; (1994)3SCC324; [1994]1SCR939; 1994(2)LC197(SC)

..... the statute of limitation and that the true ground, on which the clause limiting the time of claim rests and is maintainable is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefore do not become absolute, unless the remedy is sought within the time fixed by the condition ..... is well founded and deserves acceptance while the submission made on behalf of the respondents does not merit acceptance.7. indisputably, under the material clauses of the respective bonds (contracts) of fidelity insurance guarantee which we have reproduced earlier as contained in a representative bond, the insurance company concerned therein has in unequivocal terms undertaken to make good the sum ..... corporation, when found that each of the said rice millers were liable to make good certain amount for losses arising from breaches of the terms and conditions of the respective contracts entered into between them, placed demands with the concerned insurance company for payment of those amounts as per the fidelity insurance guarantees given by the concerned insurance company, well ..... guarantee empowered the food corporation of india to make its claim directly against the concerned insurance company to recover the amount of loss. the material clauses in all the contracts of fidelity insurance guarantees with which we are concerned being similar except for dates and names of parties, we propose to determine the question arising for consideration in these .....

Tag this Judgment!

Jun 13 1994 (FN)

Howlett Vs. Birkdale Shipping Co.

Court : US Supreme Court

Decided on : Jun-13-1994

..... 's employer, to provide a "reasonably safe" place to work and to take safeguards necessary to avoid injuries. scindia steam, 451 u. s., at 170. the expectations also derive from indemnity cases decided prior to the 1972 act, which teach that "the stevedore [is] in the best position to avoid accidents during cargo operations" and that "the shipowner [can] rely on ..... intervene once cargo operations have begun. we held that the duty to intervene, in the event the 101 vessel has no knowledge of the hazardous condition, is limited: "[a]bsent contract provision, positive law, or custom to the contrary," a vessel "has no general duty by way of supervision or inspection to exercise reasonable care to discover dangerous conditions that develop .....

Tag this Judgment!

Nov 29 1994 (FN)

U.S. Term Limits, Inc. Vs. Thornton

Court : US Supreme Court

Decided on : Nov-29-1994

..... . livingston) (senators will enjoy "a security of their re-election, as long as they please .... in such a situation, men are apt to forget their dependence, lose their sympathy, and contract selfish habits .... the senators will associate only with men of their own class, and thus become strangers to the condition of the common people"); id., at 30-31 (mass., turner .....

Tag this Judgment!

Nov 02 1994 (FN)

Gustafson Vs. Alloyd Co.

Court : US Supreme Court

Decided on : Nov-02-1994

..... , thus, a 12(2) right of action applies to private sale agreements. held: section 12(2) does not extend to a private sale contract, since a contract, and its recitations, that are not held out to the public are not a "prospectus" as the term is used in the 1933 act ..... the agreement was executed "there ha[d] been no material adverse change in ... [alloyd's] financial condition." app. 115, 117. the contract also provided that if the yearend audit and financial statements revealed a variance between estimated and actual increased value, the disappointed party would receive an adjustment ..... the sale of alloyd's stock. the shareholders of alloyd holdings were wind point and a number of individual investors. in preparation for negotiating the contract with gustafson, wind point undertook an extensive analysis of the company, relying in part on a formal business review prepared by * robert l. ..... by means of a prospectus or oral communication" related to a prospectus. three sections of the 1933 act are critical in resolving the issue whether the contract is a "prospectus": 2(10), which defines a prospectus as "any prospectus, notice, circular, advertisement, letter, or communication, written or by ..... in the company's net worth from the end of the previous year through the closing, since hard financial data were unavailable. the contract provided that if a year-end audit and financial statements revealed variances between estimated and actual increased value, the disappointed party would receive an .....

Tag this Judgment!

Apr 26 1994 (FN)

Rivers Vs. Roadway Express, Inc.

Court : US Supreme Court

Decided on : Apr-26-1994

..... has no persuasive claim to unfair surprise, because, at the time the allegedly discriminatory discharge occurred, the sixth circuit precedent held that 1981 could support a claim for discriminatory contract termination." ante, at 309, n. 9. nonetheless, applying a new, supercharged version of our traditional presumption against retroactive legislation, the court concludes that petitioners, whose ..... the 1991 amendment, 1981 stated: "all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts ... as is enjoyed by white citizens .... " 315 the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." the majority seemingly accepts petitioners ..... any prior decision of this court; rather, it held and therefore established that the prior decisions of the courts of appeals which read 1981 to cover discriminatory contract termination were incorrect. they were not wrong according to some abstract standard of interpretive validity, but by the rules that necessarily govern our hierarchical federal court system ..... against them, because of their race, for attempting to enforce their procedural rights under the collective-bargaining agreement. because that allegation related to "enforcement" of the labor contract, petitioners maintained, it stated a 1981 claim even under patterson's construction of the statute. while petitioners' appeal was pending, the civil rights act of 1991 ( .....

Tag this Judgment!

Jun 13 1994 (FN)

Livadas Vs. Bradshaw

Court : US Supreme Court

Decided on : Jun-13-1994

..... meant to preempt such opt-out laws, as "burdening" the statutory right of employees not to join unions by denying nonrepresented employees the "benefit" of being able to "contract out" of such standards. cf. addendum b to brief for employers group as amicus curiae (collecting state statutes containing similar provisions). 133 ment and housing authority, 479 u. ..... , 500 u. s., at 26, or on whether the contractual wage rate is even subject to (arbitrable) dispute. rather, enforcement turns exclusively on the fact that the contracting parties consented to any arbitration at all. even if the commissioner could permissibly presume that state-law claims are generally intended to be arbitrated, but cf. id., at 35 ..... corollary to the lincoln mills rule: while 301 does not preclude state courts from taking jurisdiction over cases arising from disputes over the interpretation of collective-bargaining agreements, state contract law must yield to the developing federal common law, lest common terms in bargaining agreements be given different and potentially inconsistent interpretations in different jurisdictions. see 369 u. ..... collective-bargaining agreements would be entirely misplaced. nor is the second asserted rationale convincing, since enforcement under the policy does not turn on the bargain struck by the contracting parties or on whether the contractual wage rate is even arbitrable, but simply on the fact that the parties have consented to arbitration. the suggestion that the policy is .....

Tag this Judgment!

Nov 08 1994 (FN)

United States Vs. Treasury Employees

Court : US Supreme Court

Decided on : Nov-08-1994

united states v. treasury employees - 513 u.s. 454 (1994) october term, 1994 syllabus united states et al. v. national treasury employees union et al. certiorari to the united states court of appeals for the district of columbia circuit no. 93-1170. argued november 8, 1994-decided february 22,1995 mter 501(b) of the ethics in government act of 1978 was amended to prohibit a member of congress, federal officer, or other government employee from accepting an honorarium for making an appearance or speech or writing an article, respondents-including individual members of, and a union representing, a class composed of all executive branch employees below grade gs-16 who, but for 501(b), would receive honoraria-filed a suit challenging the statute as an unconstitutional abridgment of their freedom of speech. the speeches and articles for which respondents had received honoraria in the past concerned matters such as religion, history, dance, and the environment; with few exceptions, neither their subjects nor the persons or groups paying for them had any connection with respondents' official duties. in granting respondents' motion for summary judgment, the district court held 501(b) unconstitutional insofar as it applies to executive branch employees and enjoined the government from enforcing it against any such employee. the court of appeals affirmed, emphasizing, inter alia, that the government's failure as to many respondents to identify some sort of nexus between the employee's .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //