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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2008 Page 1 of about 54 results (0.055 seconds)

Aug 01 2008 (SC)

Samundra Devi and ors. Vs. Narendra Kaur and ors.

Court : Supreme Court of India

Decided on : Aug-01-2008

Reported in : 2008ACJ2616; AIR2008SC3205; 2008(4)AWC3206(SC); IV(2008)CPJ25(SC); 2009(1)MhLj38; (2008)6MLJ1046(SC); (2009)153PLR145; RLW2009(1)SC361; 2008(11)SCALE36; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664

..... . the owner of the vehicle as also the driver thereof were, thus, principally liable to pay compensation to the dependents of the deceased.14. a contract of insurance as is well known is a contract of indemnity. in a case of accident, the primary liability under law for payment of compensation is that of the driver. the owner of the vehicle also becomes ..... of the vehicle and therefore liable to pay the compensation?(ii) if so, what will be the just compensation?7. the high court, on perusal of the driving licence, the contract of insurance as also the testimonies of witnesses examined on behalf of the parties, held:8. we accordingly hold that the insurer having established that the driver was not `duly ..... costs of repairing of the maruti car, were also granted.(c) the driver of the truck did not possess a valid driving licence and, therefore, breach of policy of the contract of insurance was established as a result whereof the respondent no. 3 was not liable to reimburse the owner of the vehicle any such amount payable by him by way ..... vicariously liable therefor. in a case involving a third- party to the contract of insurance in terms of section 147 of the motor vehicles act, 1988 providing .....

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Oct 17 2008 (SC)

Rahee Industries Ltd. Vs. Export Credit Guarantee Corpn. of India Ltd. ...

Court : Supreme Court of India

Decided on : Oct-17-2008

Reported in : [2008]146CompCas373(SC); JT2008(12)SC244; (2009)2MLJ458(SC); 2008(13)SCALE261; (2009)1SCC38; 2009(1)SCC138

..... increased recovery while the exporter contended that the guarantor was only entitled to what it had paid out as indemnified. the court of appeal recognized the contract as one of indemnity and treated it like a policy of insurance. before the court of appeal, the exporter contended that if there is recovery in a subrogated claim ..... . in the present case we are concerned with the policy of insurance dated 27.1.87. by its very nature it was a contract of indemnity. in the present case, the nature of the contract is not in issue. it was in issue in the case of l. lucas ltd. (supra). in the circumstances, we do ..... the policy in its entirety, we find that there is a dichotomy in it. the subject-policy in this civil appeal is a contract. by nature it is an indemnity. the contract is in two major parts. the first part which commences from clause 1 to clause 13 contemplates an ..... the fortuitous profits to be given to the guarantor then the nature of the contract of guarantee in that case would have ceased to be one of indemnity against a percentage of loss and in that event it would become a profit sharing contract. this observation has been made by viscount dilhorne at page 898 of the ..... indemnity against a percentage of a loss whereas the second part of the contract commencing from clause 14 to clause 16 contains provisions enabling recoupment of that loss.14. in this case the invoice value as on .....

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May 07 2008 (SC)

Associated Construction Vs. Pawanhans Helicopters Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-07-2008

Reported in : 2008AIRSCW4893; AIR2008SC2911; 2008(2)ARBLR473(SC); 2008(3)AWC3048(SC); 2008(8)SCALE451; 2008AIRSCW4893

..... . on the contrary we believe that clause 43 is a clause which should be read in aid of the contractor as it clearly provides for indemnity in case there was a delay in the completion of the work which could be attributable to pawanhans. we are, further, of the opinion ..... discharge certificate is given in advance, payment of bills are generally delayed. although, clause 43(2) has been included in the general conditions of contract, the same is meant to be a safeguard as against frivolous claims after final measurement. having regard to the decision in the case of reshmi constructions ..... the outstanding amount plus compensation and damages on 6th august 1994. the arbitrators passed two awards on 31st december 1996, one with respect to the contract for the compound wall and the second for the construction of the bridge awarding certain amounts to the contractor. aggrieved by the awards, pawanhans ..... matter could be referred to arbitration. the contractor finally received a communication dated 8th june 1993 pointing out that as all payments due under the contract had been made and as a 'no dues certificate' had been furnished, no further amount was due. the contractor accordingly served a notice dated ..... bill dated 23rd june 1991 and it was conveyed to pawanhans that it expected compensation on account of the variation in the terms of the contract. pawanhans thereupon advised the contractor to submit a final bill which too was submitted. the bill was verified by pawanhans and referred to the .....

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Jun 12 2008 (FN)

Boumediene Vs. Bush

Court : US Supreme Court

Decided on : Jun-12-2008

..... constitution has no effect there, at least as to noncitizens, because the united states disclaimed formal sovereignty in its 1903 lease with cuba. the nation s basic charter cannot be contracted away like this. the constitution grants congress and the president the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply ..... that grants total control over the territory back to the united states, it would be possible for the political branches to govern without legal constraint. our basic charter cannot be contracted away like this. the constitution grants congress and the president the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply ..... congress has taken throughout our nation s history to preserve the writ and its function. indeed, most of the major legislative enactments pertaining to habeas corpus have acted not to contract the writ s protection but to expand it or to hasten resolution of prisoners claims. see, e.g. , habeas corpus act of 1867, ch. 28, 1, 14 stat. 385 (current .....

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Jun 26 2008 (FN)

District of Columbia Vs. Heller

Court : US Supreme Court

Decided on : Jun-26-2008

..... tradeoff would not bear mention if the statute did not prevent stopping intruders by firearms. footnote 29 the supreme court of pennsylvania described the amount of five shillings in a contract matter in 1792 as nominal consideration. morris s lessee v. smith , 4 dall. 119, 120 (pa. 1792). many of the laws cited punished violation with fine in a similar amount .....

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Jun 16 2008 (FN)

Florida Dept. of Revenue Vs. Piccadilly Cafeterias, Inc.

Court : US Supreme Court

Decided on : Jun-16-2008

..... piccadilly s words, circles back to section 365. brief for respondent 39. section 1123(b)(2) authorizes a plan to provide for the assumption, rejection, or assignment of an executory contract or unexpired lease, but requires that the plan do so in a manner consistent with the various requirements set forth throughout 365. by contrast, the phrase under this section in ..... (g)(1). piccadilly relies heavily on bildisco , supra , in which this court held that 365 permits a debtor-in-possession to reject a collective-bargaining agreement like any other executory contract, and that doing so is not an unfair labor practice under the national labor relations act. in reaching this conclusion, the court observed that a debtor-in-possession has until ..... . 513 , 529 (1984) (stating that in a chapter 11 reorganization, a debtor-in-possession has until a reorganization plan is confirmed to decide whether to accept or reject an executory contract ). because, as piccadilly contends, the phrase under a plan confirmed under chapter . . . 11 in 365(g)(1) cannot refer to assumptions or rejections occurring after confirmation, it would be anomalous ..... confirmed in 365(g)(1), contends piccadilly, is thus best read to mean in accordance with a plan confirmed because a plan may provide for the assumption of an executory contract or unexpired lease but not unlike 365 be the ultimate authority for that assumption. as a result, piccadilly concludes that the identical language of 1146(a) should have the same .....

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Mar 25 2008 (FN)

Medellín Vs. Texas

Court : US Supreme Court

Decided on : Mar-25-2008

..... between the united states of america and spain, sept. 26, 1953, [1953] 4 u. s. t. 1903, 1920 1921, t. i. a. s. no. 2851 (property and contract) ?2.?agreement for economic assistance between the government of the united states of america and the government of israel pursuant to the general agreement for technical cooperation, may 9, 1952 ..... settlement similar to the protocol before us. many of these treaties contain provisions similar to those this court has previously found self-executing provisions that involve, for example, property rights, contract and commercial rights, trademarks, civil liability for personal injury, rights of foreign diplomats, taxation, domestic-court jurisdiction, and so forth. compare appendix a, infra, with appendix b, ..... and the united states said that the creditors of either side should meet with no lawful impediment to the recovery of the full value of all bona fide debts, theretofore contracted ; and that provision, the creditor argued, effectively nullified the state law. id. , at 203 204. the court, with each justice writing separately, agreed with the british creditor, ..... legislation. cf., e.g., international plant protection convention, art. i, dec. 6, 1951, [1972] 23 u. s. t. 2770, t. i. a. s. no. 7465 ( [t]he contracting governments undertake to adopt the legislative, technical and administrative measures specified in this convention ). furthermore, whereas the senate has issued declarations of non-self-execution when ratifying some treaties, it .....

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Jun 26 2008 (FN)

Morgan Stanley Capital Group Inc. Vs. Public Util. Dist. No. 1 of Snoh ...

Court : US Supreme Court

Decided on : Jun-26-2008

..... ,548 (1997). the calpx opened for business in march 1998. in the summer of 1999, it expanded to include an auction for sales of electricity under forward contracts contracts in which sellers promise to deliver electricity more than one day in the future (sometimes many years). but the participation of california s large investor-owned utilities in that ..... , 390 u. s., at 797. but see ante , at 19 (asserting that a zone of reasonableness test . . . fails to accord an adequate level of protection to contracts ). this deference makes eminent sense because rate-making agencies are not bound to the service of any single regulatory formula; they are permitted, unless their statutory authority otherwise plainly indicates ..... between requiring a heightened showing to overcome an otherwise conclusive presumption and imposing a heightened standard of review. i agree that applying a separate standard of review to contract rates is obviously indefensible, ibid ., but that is also true with respect to the court s presumption. even if the mobile-sierra presumption were not tantamount to ..... nondiscriminatory manner. see midwest iso , supra . in addition to coordinating transmission service, regional transmission organizations perform other functions, such as running auction markets for electricity sales and offering contracts for hedging against potential grid congestion. see blumsack, measuring the benefits and costs of regional electric grid integration, 28 energy l. j. 147, 147 (2007). against this .....

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Jun 25 2008 (FN)

Exxon Shipping Co. Vs. Baker

Court : US Supreme Court

Decided on : Jun-25-2008

..... the conduct of the officers and crew employed by them, and yet, from the nature of the service, they can scarcely ever be able to secure to themselves an adequate indemnity in cases of loss. they are innocent of the demerit of this transaction, having neither directed it, nor countenanced it, nor participated in it in the slightest degree. under such ..... evidence we could find does not support the notion (emphasis deleted)). footnote 16 this study examined the most representative sample of state court trials in the united states, involving tort, contract, and property cases disposed of by trial in fiscal year 1991 1992 and then calendar years 1996 and 2001. the three separate data sets cover state courts of general jurisdiction ..... , a course that arguably would come closest to the criminal law, rather like setting a maximum term of years. the trouble is, though, that there is no standard tort or contract injury, making it difficult to settle upon a particular dollar figure as appropriate across the board. and of course a judicial selection of a dollar cap would carry a serious ..... . pp. 29 32. (ii) thus, the court looks to quantified limits. the option of setting a hard-dollar punitive cap, however, is rejected because there is no standard tort or contract injury, making it difficult to settle upon a particular dollar figure as appropriate across the board; and because a judicially selected dollar cap would carry the serious drawback that the .....

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Jun 02 2008 (FN)

RichlIn Security Service Co. Vs. Chertoff

Court : US Supreme Court

Decided on : Jun-02-2008

..... attorneys or agents for the proceedings involved, justifies a higher fee.) 504(b)(1)(a).[ footnote 3 ] in this case, richlin incurred fees for paralegal services in connection with its contract action before the board. since 504(b)(1)(a) awards fees at prevailing market rates, a straightforward reading of the statute leads to the conclusion that richlin was entitled to ..... unjust. 5 u. s. c. 504(a)(1). in addition to its other fees and expenses, richlin sought $45,141.10 for 523.8 hours of paralegal work on its contract claim and $6,760 for 68.2 hours of paralegal work on the eaja application itself. the board granted richlin s application in part. richlin security service co. v. department ..... federal circuit no. 06 1717.?argued march 19, 2008 decided june 2, 2008 after prevailing against the government on a claim originating in the department of transportation s board of contract appeals, petitioner (richlin) filed an application with the board for reimbursement of attorney s fees, expenses, and costs, pursuant to the equal access to justice act (eaja). the board concluded ..... was engaged by the former immigration and naturalization service (ins) to provide guard services for detainees at los angeles international airport. through mutual mistake, the parties two contracts misclassified richlin s employees under the service contract act of 1965, 41 u. s. c. 351 et seq. the department of labor discovered the misclassification and ordered richlin to pay its employees back wages .....

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