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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2000 Page 1 of about 43 results (0.053 seconds)

Feb 01 2000 (SC)

Oberai Forwarding Agency Vs. New India Assurance Co. Ltd. and anr.

Court : Supreme Court of India

Decided on : Feb-01-2000

Reported in : AIR2000SC855; 2000(4)ALLMR(SC)579; 2000(1)ALT26(SC); 2000(2)BLJR991; (2001)1CALLT9(SC); [2000]100CompCas591(SC); 2000(1)CTC556; JT2000(1)SC508; (2000)IIMLJ95(SC); 2000(3)MP

..... party negligence. such a right of the insurer is, of course, conditional upon his having already indemnified the assured. in other words, arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. this right of the insurer to subrogation ..... of the bargain. it is implied in the very nature of the contract of indemnity that the indemnifier is entitled to re-coupe or minimise the damages he is obliged to pay the assured, by ways and means the assured himself could resort to, in ..... in force.11. in the case of vasudeva mudaliar : air1965mad159 (ibid) a learned single judge of the madras high court said:(4) a contract of motor insurance, like marine or accident insurance, is, in essence, one of indemnity. the underwriter, for consideration, guarantees the assured compensation against loss or risks, the limits of the guarantee against accident or loss or damage suffered ..... , totally or partially, being subject to the maximum stipulated in the contract of insurance. conversely, the rights of the assured are not to profit out .....

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Sep 29 2000 (SC)

Federal Bank Ltd. Vs. V.M. Jog Engineering Ltd. and ors.

Court : Supreme Court of India

Decided on : Sep-29-2000

Reported in : AIR2000SC3166; [2001]106CompCas267(SC); 2000(4)CTC687; 2000(6)SCALE654; [2000]Supp3SCR542; (2001)1SCC663

..... in order that he may claim reimbursement for any payment he makes under the credit or the indemnity of an agent, the intermediary banker must obey strictly, the instructions he receives, for by acting on them, he accepts then and thus enters into contractual relations with the ..... 's judgment which has been followed both in england and by this court, in several cases.legal relation of a negotiating bank vis-a-vis the issuing bank:62. the contract between the issuing banker and the paying or negotiating (intermediary) banker may partake of a dual nature. the relationship is mainly that of principal and agent, mandator and mandatory. ..... india, the chartered bank of india. australia and china. the correspondent had not confirmed the credit. the applicant alleged that what had been shipped was rubbish rather than the bristles contracted to be supplied. the chartered bank (the collecting bank) which received the documents from the seller for 'collection', applied for dismissing the buyer's claim. (this was a proceeding ..... of international commerce'. he said:except possibly in clear cases of fraud of which the banks have notice, the courts will leave the merchants to settle their disputes under the contracts by litigation or arbitration... otherwise, trust in international commerce could be irreparably damaged.denning m.r. stated in edward and owen engineering ltd v. barclays bank international ltd. 1978 .....

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Jun 26 2000 (FN)

Apprendi Vs. New Jersey

Court : US Supreme Court

Decided on : Jun-26-2000

apprendi v. new jersey - 530 u.s. 466 (2000) october term, 1999 syllabus apprendi v. new jersey certiorari to the supreme court of new jersey no. 99-478. argued march 28, 2000-decided june 26, 2000 petitioner apprendi fired several shots into the home of an mricanamerican family and made a statement-which he later retracted-that he did not want the family in his neighborhood because of their race. he was charged under new jersey law with, inter alia, second-degree possession of a firearm for an unlawful purpose, which carries a prison term of 5 to lo years. the count did not refer to the state's hate crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the defendant committed the crime with a purpose to intimidate a person or group because of, inter alia, race. mter apprendi pleaded guilty, the prosecutor filed a motion to enhance the sentence. the court found by a preponderance of the evidence that the shooting was racially motivated and sentenced apprendi to a 12-year term on the firearms count. in upholding the sentence, the appeals court rejected apprendi's claim that the due process clause requires that a bias finding be proved to a jury beyond a reasonable doubt. the state supreme court affirmed. held: the constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved .....

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Jun 26 2000 (FN)

Mobil Oil Exploration and Producing Southeast, Inc. Vs. United States

Court : US Supreme Court

Decided on : Jun-26-2000

..... -faith efforts both before and after the obpa was passed to preserve the arrangement, gave petitioners the reasonable expectation that the government would continue trying to make the contract work. and indeed, both parties continued to behave consistently with that expectation. while apparently recognizing that the substantiality of the government's breach is a relevant question ..... conducted the requisite analyses, and prepared the requisite findings-all subsequent to the obpa's enactment. it cannot be doubted that the government intended to continue performing the contract to the extent it thought legally permissible post-obpa. indeed, petitioners' own conduct is inconsistent with the contention that the government had, as of august 18, 1990 ..... a basis for the requested suspensions)). and the government has provided no convincing reason why we should consider the suspensions to amount to significant performance of the lease contracts in question. we conclude that the companies did not receive significant postrepudiation performance. we consequently find that they did not waive their right to restitution. d finally ..... certification" necessary to obtain an exploratory well drilling permit. the relevant circumstances are the following: 611 1. in 1981, the companies and the government entered into the lease contracts. the companies paid the government $156 million in up-front cash "bonus" payments. 2. in 1989, the companies, interior, and north carolina entered into a memorandum .....

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Dec 11 2000 (FN)

Bush Vs. Gore

Court : US Supreme Court

Decided on : Dec-11-2000

..... . but we have dealt with such cases ever mindful of the full measure of respect we owe to interpretations of state law by a state's highest court. in the contract clause case, general motors corp. v. romein, 503 u. s. 181 (1992), for example, we said that although "ultimately we are bound to decide for ourselves whether a ..... contract was made," the court "accord[s] respectful consideration and great weight to the views of the state's highest court." id., at 187 (citing indiana ex rel. anderson v. brand, .....

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Jan 11 2000 (FN)

United States Vs. Morrison

Court : US Supreme Court

Decided on : Jan-11-2000

united states v. morrison - 529 u.s. 598 (2000) october term, 1999 syllabus united states v. morrison et al. certiorari to the united states court of appeals for the fourth circuit no. 99-5. argued january 11, 2000-decided may 15,2000* petitioner brzonkala filed suit, alleging, inter alia, that she was raped by respondents while the three were students at virginia polytechnic institute, and that this attack violated 42 u. s. c. 13981, which provides a federal civil remedy for the victims of gender-motivated violence. respondents moved to dismiss on the grounds that the complaint failed to state a claim and that 13981's civil remedy is unconstitutional. petitioner united states intervened to defend the section's constitutionality. in dismissing the complaint, the district court held that it stated a claim against respondents, but that congress lacked authority to enact 13981 under either the commerce clause or 5 of the fourteenth amendment, which congress had explicitly identified as the sources of federal authority for 13981. the en banc fourth circuit affirmed. held: section 13981 cannot be sustained under the commerce clause or 5 of the fourteenth amendment. pp. 607-627. (a) the commerce clause does not provide congress with authority to enact 13981's federal civil remedy. a congressional enactment will be invalidated only upon a plain showing that congress has exceeded its constitutional bounds. see united states v. lopez, 514 u. s. 549 , 568, 577-578. petitioners assert .....

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Oct 03 2000 (FN)

Green Tree Financial Corp.-alA. Vs. Randolph

Court : US Supreme Court

Decided on : Oct-03-2000

..... (where fairness so requires, burden of proof of a particular fact may be assigned to "party who presumably has peculiar means of knowledge" of the fact); restatement (second) of contracts 206 (1979) ("in choosing among the reasonable meanings of ... [an] agreement or a term thereof, that meaning is generally preferred which operates against the [drafting] party .... ..... , we are mindful of the faa's purpose "to reverse the longstanding judicial hostility to arbitration agreements ... and to place arbitration agreements upon the same footing as other contracts." gilmer v. interstate/ johnson lane corp., 500 u. s. 20 , 24 (1991). in light of that purpose, we have recognized that federal statutory claims can ..... opelika, alabama. she financed this purchase through petitioners green tree financial corporation and its wholly owned subsidiary, green tree financial corp.-alabama. petitioners' manufactured home retail installment contract and security agreement required that randolph buy vendor's single interest insurance, which protects the vendor or lienholder against the costs of repossession in the event of default. ..... financing agreement with petitioners, financial institutions, required that randolph buy insurance protecting petitioners from the costs of her default and also provided that all disputes under the contract would be resolved by binding arbitration. randolph later sued petitioners, alleging that they violated the truth in lending act (tila) by failing to disclose the insurance .....

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Jun 28 2000 (FN)

Stenberg Vs. Carhart

Court : US Supreme Court

Decided on : Jun-28-2000

..... ). in an induction procedure, the amniotic sac is injected with an abortifacient such as a saline solution or a solution that contains prostaglandin. 11 f. supp. 2d, at 1108. uterine contractions typically follow, causing the fetus to be expelled. ibid. 3. a third form of abortion for use during or after 16 weeks' gestation is referred to by some medical professionals .....

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Mar 22 2000 (FN)

Crosby Vs. National Foreign Trade Council

Court : US Supreme Court

Decided on : Mar-22-2000

..... effectively secures our national interests"). 379 vide financial services, 7:22g(b), and general goods and services, 7:22g(d), to the government of burma, and thus prohibits contracts between the state and united states persons for goods, services, or technology, even though those transactions are explicitly exempted from the ambit of new investment prohibition when the president ..... specifically excludes (and thus excludes from any presidential prohibition) "entry into, performance of, or financing of a contract to sell or purchase goods, services, or technology," ibid. third, the statute directs the president to work to develop "a comprehensive, multilateral strategy to bring democracy to and ..... receive the nobel peace prize), or has committed "large-scale repression of or violence against the democratic opposition." 570(b). "new investment" is defined as entry into a contract that would favor the "economical development of resources located in burma," or would provide ownership interests in or benefits from such development, 570(f)(2), but the term ..... clause of the national constitution owing to its threat of frustrating federal statutory objectives. we hold that it is. i in june 1996, massachusetts adopted "an act regulating state contracts with companies doing business with or in drew edmondson of oklahoma, hardy myers of oregon, d. michael fisher of pennsylvania, sheldon whitehouse of rhode island, john cornyn of .....

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Feb 23 2000 (FN)

Pegram Vs. Herdrich

Court : US Supreme Court

Decided on : Feb-23-2000

..... co., inc. (collectively carle), function as a health maintenance organization (hmo) organized for profit. its owners are physicians providing prepaid medical services to participants whose employers contract with carle to provide such coverage. respondent, cynthia herdrich, was covered by carle through her husband's employer, state farm insurance company. the events in question began ..... fiduciary function when taking the action subject to complaint. pp. 222-226. (c) herdrich claims that carle became a fiduciary, acting through its physicians, when it contracted with state farm. it then breached its duty to act solely in the beneficiaries' interest, making decisions affecting medical treatment while influenced by a scheme under which the ..... and the meaning of herdrich's allegations. the defining feature of an hmo is receipt of a fixed fee for each patient enrolled under the terms of a contract to provide specified health care if needed. like other risk bearing organizations, hmos take steps to control costs. these measures are commonly complemented by specific financial incentives ..... 23, 2000-decided june 12,2000 petitioners (collectively carle) function as a health maintenance organization (hmo) owned by physicians providing prepaid medical services to participants whose employers contract with carle for coverage. respondent herdrich was covered by carle through her husband's employer, state farm insurance company. mter petitioner pegram, a carle physician, required herdrich .....

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