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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2004 Page 1 of about 53 results (0.175 seconds)

Aug 11 2004 (SC)

Pawan Kumar JaIn Vs. the Pradeshiya Industrial and Investment Corporat ...

Court : Supreme Court of India

Decided on : Aug-11-2004

Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366

..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....

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Jan 05 2004 (SC)

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....

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May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

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Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... by virtue of clause 6, the suit agreement ex.p1, forthwith stood cancelled, if that clause was meant for the benefit of both the parties to the contract. if the contract thus stood cancelled the suit for specific performance had necessarily to be dismissed.that suit for sanction, cs no.471 of 1977, was in fact prosecuted by the ..... elaborated hereinafter. 49. learned senior counsel shri soli j. sorabjee appearing for the subsequent vendee rested his argument on his main submission that the sale agreement was a contingent contract - the contingency named being sanction of the court which did not materialize. upon failure of that contingency, the agreement stood cancelled forthwith under clause (6) of the agreement ..... such interest being lawfully conveyed and accepted liability for payment of liquidated damages if it failed to obtain the sale deed after the sanction was obtained. plaintiff not having contracted with the reversioners to buy their interest, could not have secured the 'entire interest' in the property without an order of this court directing conveyance of the reversionary ..... 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. section 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the .....

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May 07 2004 (SC)

Gajraj JaIn Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2004(5)ALLMR(SC)726; 2004(4)AWC2907(SC); III(2004)BC514; 2004(3)BLJR1780; [2004]121CompCas112(SC); [2004(4)JCR47(SC)]; 2004(5)SCALE693; (2004)7SCC151; [2004]52SCL746(SC)

..... but the third party on whom such right or benefit is conferred by the contract cannot sue under it. lastly, as stated above, a charge cannot be enforced against a bonafide purchaser for value (see: law of mortgage by ghose page 127). in the case ..... a mere undertaking to discharge an obligation or liability of the debtor may at the highest amount to indemnity, however, it is not enough to charge the property/fund with the debt. further, according to mulla and pullock on contract act (xii edition page 106), contracting parties may confer rights or benefits upon a third party in the form of promise to pay ..... have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to .....

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Nov 25 2004 (SC)

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

shivaraj v. patil, j.1. in this appeal, the order dated 21.10.1998 made by the division bench of the high court in writ appeal no. 429 of 1998 is under challenge. parties are before this court for the third time in relation to the same subject matter.2. one fauzdar khan donated 5 bighas of land situated at hyderabad to one gunnaji, the ancestor of the respondent no. 1 for the purpose of construction of a temple, now known as sri jangli vittobha temple. gunnaji died and after his death, his sister suguna bai completed the construction of the temple. in 1939, one golakishan gir claiming himself to be the mutawalli of the temple, mismanaged its affairs. the government having come to know about the same, constituted a committee under rule 156 of andhra pradesh (telangana areas) wakf rules. manik rao, father of the respondent no. 1, applied to the registration officer in 1962 for transfer of towliatship of temple in his name. the registration officer (the assistant secretary of board of revenue) after holding inquiry by the order dated 15.1.1964 held that said manik rao was the rightful claimant to the towliatship and consequently ordered for amendment of column no. 11 of munthakab under section 36(c) of hyderabad endowment rules. aggrieved by this order, the temple committee filed an appeal to the director of endowments, who, by his order dated 29.10.1966, confirmed the aforementioned order dated 15.1.1964. the temple committee pursued the matter further by filing a revision .....

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Nov 09 2004 (FN)

Norfolk Southern R. Co. Vs. James N. Kirby, Pty Ltd.

Court : US Supreme Court

Decided on : Nov-09-2004

..... came before, or what obligations may be outstanding among them. if the eleventh circuit s rule were the law, carriers would have to seek out more information before contracting, so as to assure themselves that their contractual liability limitations provide true protection. that task of information gathering might be very costly or even impossible, given that goods ..... intermediary binds a cargo owner to the liability limitations it negotiates with downstream carriers, we do not infringe on traditional agency principles. we merely ensure the reliability of downstream contracts for liability limitations. in great northern , because the intermediary had been entrusted with goods to be shipped by railway, and, nothing to the contrary appearing, the carrier ..... the nature of transportation and is often inseparable from some land-based obligations. the international transportation industry has moved into a new era, in which cargo owners can contract for transportation across oceans and to inland destinations in a single transaction. the popularity of an efficient choice, to assimilate land legs into international ocean bills of lading, ..... cargo control (icc) to arrange for delivery of machinery from australia to huntsville, ala., by through ( i.e., end-to-end) transportation. the bill of lading (essentially, contract) that icc issued to kirby (icc bill) designated savannah, ga., as the discharge port and huntsville as the ultimate destination, and set icc s liability limitation lower than the .....

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Jun 07 2004 (FN)

Republic of Austria Vs. Altman

Court : US Supreme Court

Decided on : Jun-07-2004

..... it before. see ante , at 7 8 (breyer, j., concurring) (relying on the fact that in verlinden the court applied the fsia to a contract that predated the act). [t]his court has never considered itself bound [by prior sub silentio holdings] when a subsequent case finally brings the jurisdictional issue ..... at 7 9. this reasoning overlooks the plain fact that there are reliance interests of vast importance involved, interests surely as important as those stemming from contract rights between two private parties. as the executive has made clear to us, these interests span a range of time after the conduct, even up to ..... letter); cf. verlinden b. v. v. central bank of nigeria , 461 u. s. 480 , 482 483, 497 (1983) (applying the fsia to a contract that predated the act). fourth , contrary to the dissent s contention, see post , at 10 12, 16 17, neither reliance nor expectation can justify nonretroactivity here. ..... 717, 24 i. l. r. 228, 229 (ca paris 1957) (christian dior is entitled to bring the ex-king to court to answer for debts contracted before his abdication when, as from the date of his abdication, he is no longer entitled to claim immunity as hea[d] of state ); see also queen ..... occurred. in addition, verlinden , which upheld against constitutional challenge 28 u. s. c. 1330 s grant of subject-matter jurisdiction, involved a dispute over a contract that predated the act. 461 u. s., at 482 483, 497. and there has never been any doubt that the act s procedural provisions relating to venue .....

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May 17 2004 (FN)

Till Vs. Scs Credit Corp.

Court : US Supreme Court

Decided on : May-17-2004

..... lender who charges zero-percent or nominal interest. prebankruptcy, these two loans might well produce identical income streams for the two lenders. postbankruptcy, however, the presumptive contract rate approach would entitle the first lender to a considerably higher cram down interest rate, even though the two secured debts are objectively indistinguishable. footnote 18 we ..... rate. if the rather sketchy data uncovered by the dissent support an argument that chapter 13 of the bankruptcy code should mandate application of the presumptive contract rate approach (rather than merely an argument that bankruptcy judges should exercise greater caution before approving debt adjustment plans), those data should be forwarded to congress ..... j., dissenting)). finally, many of the factors relevant to the adjustment fall squarely within the bankruptcy court s area of expertise. thus, unlike the coerced loan, presumptive contract rate, and cost of funds approaches, the formula approach entails a straightforward, familiar, and objective inquiry, and minimizes the need for potentially costly additional evidentiary proceedings. moreover ..... that right comes at a cost: the debtor must obtain information about the creditor s costs of overhead, financial circumstances, and lending practices to rebut the presumptive contract rate. also, the approach produces absurd results, entitling inefficient, poorly managed lenders with lower profit margins to obtain higher cram down rates than well managed, better .....

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Jun 21 2004 (FN)

Aetna Health Inc. Vs. Davila

Court : US Supreme Court

Decided on : Jun-21-2004

..... a contrary conclusion for several reasons, all of them erroneous. first, the court of appeals found significant that respondents assert a tort claim for tort damages rather than a contract claim for contract damages, and that respondents are not seeking reimbursement for benefits denied them. 307 f. 3d, at 309 . but, distinguishing between pre-empted and non-pre-empted claims ..... rights and obligations established by the benefit plans. so, unlike the state-law claims in caterpillar , supra , respondents thcla causes of action are not entirely independent of the federally regulated contract itself. cf. allis&nbhyph;chalmers corp. v. lueck , 471 u. s. 202 , 217 (1985) (state-law tort of bad faith handling of insurance claim pre-empted by ..... interpreting lmra 301, 29 u. s. c. 1081, with particular focus on caterpillar inc. v. williams, 482 u. s. 386 (1987) (suit for breach of individual employment contract, even if defendant s action also constituted a breach of an entirely separate collective bargaining agreement, not pre-empted by lmra 301). because this duty of ordinary care arises independently ..... administers. pp. 7 12. (c) the fifth circuit s reasons for reaching its contrary conclusion are all erroneous. first, it found significant that respondents asserted tort, rather than contract, claims and that they were not seeking reimbursement for benefits denied. however, distinguishing between pre-empted and non-pre-empted claims based on the particular label affixed to them would .....

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