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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1997 Page 1 of about 50 results (0.084 seconds)

Apr 01 1997 (SC)

State of Orissa Vs. United India Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Apr-01-1997

Reported in : 1999ACJ162; AIR1997SC2671; JT1997(5)SC570; (1997)116PLR695; RLW1997(2)SC297; 1997(4)SCALE320; (1997)5SCC512; [1997]3SCR499; 1997(2)LC268(SC)

..... nor by the conduct of any other person. breit. l.j., observed, with regard to this indemnity, thus:this contract means that the assured, in case of loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified. that is ..... undertake such liability by subsequent incorporation into the policy of such underwriting and, therefore, by operation of section 237 of the contract act, the insurance company was not bound by such act of the manager. 11. a contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of any other person ..... a contract is covered by the contract itself and such loss is not caused to the assured by the conduct of the insurer ..... as contemplated in section 124 of the indian contract act. but indemnity, as applicable to marine insurance, must not be an indemnity, as contemplated by the indian contract act, as the loss in such .....

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Mar 14 1997 (SC)

Sri Adi Visheshwara of Kashi Vishwanath Temple, Varanasi and ors. Vs. ...

Court : Supreme Court of India

Decided on : Mar-14-1997

Reported in : JT1997(4)SC124; 1997(3)SCALE1; (1997)4SCC606; [1997]2SCR1086

..... the act. it envisages that the act 'shall have effect, notwithstanding anything to the contrary contained in any other law for the time being in force or custom or use, contract, deed or engagement, judgment, decree or order of any court or scheme of management settled by any court.'6. section 5 declares that ownership of the temple and its endowment ..... the property shall be dealt with; the details thereof are not necessary. section 30 deals with prohibition on borrowing of money. section 31 regulates entering into and execution of the contracts.19. the powers and functions of the board are detailed in sections 14 and 15 of the act which read as under:14. subject to the provisions of this act .....

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Mar 11 1997 (SC)

Namdev Shripati Nale Vs. Bapu Ganapati Jagtap and anr.

Court : Supreme Court of India

Decided on : Mar-11-1997

Reported in : JT1997(3)SC562; (1998)IMLJ8(SC); 1997(2)SCALE741; (1997)5SCC185; [1997]2SCR980

..... all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.(emphasis supplied) 6. the relevant portions of exhibit 35a, deed of mortgage dated 3.4.1947 are as follows:for repaying the ..... of the property', 'all other charges of public nature' as specified in sections 65(c) and 76(c) of the transfer of property act respectively. in the absence of the contract to the contrary, during the pendency of the mortgage, when the mortgagee is in possession of the mortgaged property, he was bound to pay or remit the occupancy price under ..... due in respect of the property; 76. when, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property,-(c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the government revenue, all other charges of a public nature and all rent accruing due in respect thereof during ..... supplied).(ii) section 65(c) and 76(c) of the transfer of property act are to the following effect:65. in the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee-(c) that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charges accruing .....

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Nov 18 1997 (SC)

National Insurance Co. Ltd. Vs. Santro Devi and ors.

Court : Supreme Court of India

Decided on : Nov-18-1997

Reported in : I(1998)ACC600; 1998ACJ116; AIR1998SC1485; 1998(1)BLJR592; [1998]91CompCas447(SC); JT1997(9)SC197; (1998)IIMLJ42(SC); (1998)118PLR61; RLW1998(1)SC75; 1997(7)SCALE104; (1998)

..... the holder of a fake driving licence renewed by a competent authority, would not amount to violation of the conditions of contract or of the insurance policy. it would not be violating either conditions of indemnity or the insurance policy or the contract or violation of any statutory provisions. under these circumstances, merely employing a driver with a forged driving licence would not .....

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Jan 08 1997 (FN)

Washington Vs. Glucksberg

Court : US Supreme Court

Decided on : Jan-08-1997

..... morality, or doing so by regulating contraceptive devices. just as some of the earlier cases went astray by speaking without nuance of individual interests in property or autonomy to contract for labor, so the state's asserted interest in poe was not immune to distinctions turning (at least potentially) on the precise purpose being pursued and the collateral ..... of the bill of rights, the court invoked precedents from the slaughter-house cases through adkins to declare that the fourteenth amendment protected "the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship god according to ..... became serious, however, beginning with allgeyer v. louisiana, 165 u. s. 578 (1897), where the court invalidated a louisiana statute for excessive interference with fourteenth amendment liberty to contract, id., at 588593, and offered a substantive interpretation of "liberty," that in the aftermath of the so-called lochner era has been scaled back in some respects, but expanded in ..... property conveyed by the original grantees. the court rested the invalidation on alternative sources of authority: the specific prohibitions against bills of attainder, ex post facto laws, laws impairing contracts in article i, 10, of the constitution; and "general principles which are common to our free institutions," by which chief justice marshall meant that a simple deprivation of property .....

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Jun 19 1997 (FN)

United States Vs. Alaska

Court : US Supreme Court

Decided on : Jun-19-1997

..... from beneath submerged lands. second, when the united states exercises its power of "exclusive legislation" under the enclave clause, it necessarily acquires title to the property. see james v. dravo contracting co., 302 u. s. 134 , 141, 142 (1937) ("[the enclave clause] governs those cases where the united states acquires lands with the consent of the legislature of the state for ..... applying the arcs-of-circles method to stefansson sound. in alaska's view, relying solely on the convention's normal baseline approach to delimit the state's submerged lands impermissibly contracts the state's recognized territory from that which existed at the time of statehood. since adopting the convention's definitions to give content to the submerged lands act, we have ..... its statehood, the united states had a clear policy of enclosing waters behind nearfringing islands as "inland waters." in abandoning that policy in 1971, alaska argues, the federal government impermissibly "contracted" alaska's recognized territory. second, the state challenges the master's conclusion that dinkum sands is not an "island." under the master's approach, the low-water line on dinkum .....

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Feb 19 1997 (FN)

City of Boerne Vs. Flores

Court : US Supreme Court

Decided on : Feb-19-1997

city of boerne v. flores - 521 u.s. 507 (1997) october term, 1996 syllabus city of boerne v. flores, archbishop of san antonio, et al. certiorari to the united states court of appeals for the fifth circuit no. 95-2074. argued february 19, 1997-decided june 25,1997 respondent, the catholic archbishop of san antonio, applied for a building permit to enlarge a church in boerne, texas. when local zoning authorities denied the permit, relying on an ordinance governing historic preservation in a district which, they argued, included the church, the archbishop brought this suit challenging the permit denial under, inter alia, the religious freedom restoration act of 1993 (rfra). the district court concluded that by enacting rfra congress exceeded the scope of its enforcement power under 5 of the fourteenth amendment. the court certified its order for interlocutory appeal, and the fifth circuit reversed, finding rfra to be constitutional. held: rfra exceeds congress' power. pp. 512-536. (a) congress enacted rfra in direct response to employment div., dept. of human resources of ore. v. smith, 494 u. s. 872 , in which the court upheld against a free exercise challenge a state law of general applicability criminalizing peyote use, as applied to deny unemployment benefits to native american church members who lost their jobs because of such use. in so ruling, the court declined to apply the balancing test of sherbert v. verner, 374 u. s. 398 , which asks whether the law at issue .....

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Feb 18 1997 (FN)

Saratoga Fishing Co. Vs. J. M. Martinac and Co.

Court : US Supreme Court

Decided on : Feb-18-1997

..... (ca3 1988); shipco 2295, supra, at 929; national union fire ins., supra, at 541, 815 p. 2d, at 605. moreover, manufacturers and component suppliers can allocate through contract potential liability for a manufactured product that does not work, thereby ensuring that component suppliers have appropriate incentives to prevent component defects that might destroy the product. king, supra, at ..... the user/ reseller may in theory incur an overlapping liability in contract. respondents make two other important arguments. first, they say that our reasoning proves too much. they argue that, if a subsequent user can recover for damage a ..... practice for user/resellers to offer a warranty comparable to those typically provided by sellers of new products, the argument for extending east river, replacing tort law with contract law, is correspondingly weak. that is to say, respondents have not explained why the ordinary rules governing the manufacturer's tort 883 liability should be supplanted merely because ..... and resellers. of course, nothing prevents a user/reseller from offering a warranty. but neither does anything prevent a manufacturer and an initial user from apportioning through their contract potential loss of any other items-say, added equipment or totally separate physical property-that a defective manufactured product, say, an exploding engine, might cause. no court .....

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Dec 08 1997 (FN)

South Dakota Vs. Yankton Sioux Tribe

Court : US Supreme Court

Decided on : Dec-08-1997

south dakota v. yankton sioux tribe - 522 u.s. 329 (1997) october term, 1997 syllabus south dakota v. yankton sioux tribe et al. certiorari to the united states court of appeals for the eighth circuit no.96-1581. argued december 8, 1997-decided january 26,1998 the yankton sioux reservation in south dakota was established pursuant to an 1858 treaty between the united states and the yankton tribe. congress subsequently retreated from the reservation concept and passed the 1887 dawes act, which permitted the government to allot tracts of tribal land to individual indians and, with tribal consent, to open the remaining holdings to non-indian settlement. in accordance with the dawes act, members of the respondent tribe received individual allotments and the government then negotiated with the tribe for the cession of the remaining, unallotted reservation lands. an agreement reached in 1892 provided that the tribe would "cede, sell, relinquish, and convey to the united states" all of its unallotted lands; in return, the government agreed to pay the tribe $600,000. article xviii of the agreement, a saving clause, stated that nothing in its terms "shall be construed to abrogate the [1858] treaty" and that "all provisions of the said treaty ... shall be in full force and effect, the same as though this agreement had not been made." congress ratified the agreement in an 1894 statute, and non-indians rapidly acquired the ceded lands. in this case, tribal, federal, and state officials .....

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Dec 01 1997 (FN)

Regions Hospital Vs. Shalala

Court : US Supreme Court

Decided on : Dec-01-1997

regions hospital v. shalala - 522 u.s. 448 (1997) october term, 1997 syllabus regions hospital v. shalala, secretary of health and human services certiorari to the united states court of appeals for the eighth circuit no. 96-1375. argued december 1, 1997-decided february 24,1998 under the medicare act and its implementing regulations, a hospital (a provider) may obtain reimbursement for "allowable cost[s]" (including the costs of certain graduate medical education (gme) programs for interns and residents) by preparing a report at the close of each fiscal year and filing it with a "fiscal intermediary" designated by respondent secretary. the intermediary examines the cost report, audits it when found necessary, and issues a written "notice of amount of program reimbursement" (napr), which determines the total amount payable for medicare services during the reporting period. the napr is subject to review by the provider reimbursement review board (prrb), the secretary, and ultimately the courts. by regulation, the secretary may reopen, within three years, any determination by an intermediary, the prrb, or the secretary herself to recoup excessive (or correct insufficient) reimbursement for a given year. in 1986, congress changed the method for calculating reimbursable gme costs. in lieu of discrete annual determinations of "reasonable cost ... actually incurred," 42 u. s. c. 1395x(v)(1)(a), the "gme amendment" now requires the "secretary [to] determine, for [a] hospital's cost .....

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