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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2014 Page 1 of about 49 results (0.053 seconds)

Jan 29 2014 (SC)

Deepak Bhandari Vs. H.P.State Indusl.Dev.Corp.Ltd.and ors.

Court : Supreme Court of India

Decided on : Jan-29-2014

..... act, 1963 which corresponds to old articles 115 and 116 of the old limitation act, 1908. the right to sue on a contract of indemnity/ guarantee would arise when the contract is broken.23. therefore, the period of limitation is to be counted from the date when the assets of the company were ..... taking possession they became deemed owners. the mortgage may have come to an end, but the contract of indemnity, which was an independent contract, did not. the right to claim for the balance arose, under the contract of indemnity, only when the sale proceeds were found to be insufficient. in this case, it is ..... the mortgage deed, are one composite transaction which was inseparable is entirely erroneous. it is settled law that a contract of indemnity and/ or guarantee is an independent and separate contract from the main contract. thus the question which they required to address themselves, which unfortunately they did not, was when does the right ..... that merely because the corporation acted under section 29 of the state financial corporation act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the main ..... been filed. merely because the corporation acted under section 29 of the financial corporation act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the .....

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Feb 06 2014 (FN)

Central Finance Company Limited Vs. Janatha Estate Development Board

Court : Sri Lanka Supreme Court

Decided on : Feb-06-2014

..... ? it can be seen from the above that the respondent in this case is the injured person and has to be placed in the original position as if his contracts of indemnities have been performed rightly and lawfully. it has been decided in cases in other jurisdictions referred to above that the assureds right to be indemnified for any loss or damage ..... discussed. the very foundation, in my opinion, of every rule which has been applied to insurance law is this, namely that the contract of insurance contained in a marine or fire policy is a contract of indemnity and indemnity only, and this contract means that the assured, in case of a loss against which the policy has been made , shall be fully indemnified but shall ..... assured would be fully indemnified and the appellant cannot escape the liability attached under the indemnity contract. it will be useful to understand the meaning of the word indemnity? as the whole case is based on the interpretation of the letters of indemnities involved in this appeal. the word indemnity? derives from the latin term indemnis? combined with facere? meaning to make?. (garner: a ..... his part to pay. the appellant cannot absolve himself from the liability to pay under the above clause. it was the contention of the respondent that under the letters of indemnities , the appellant undertook to indemnify the respondent against all loss and damage suffered and all claims costs and expenses made against or incurred by the respondent directly or indirectly .....

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Jun 06 2014 (FN)

Abani Trading Pte Ltd. Vs. Bnp Paribas and Another

Court : Singapore Supreme Court

Decided on : Jun-06-2014

..... overseas bank is often cited for the proposition that the court's discretion on costs orders may be circumscribed or even excluded by such contractual indemnity provisions. for instance, the learned author in jeffrey pinsler, principles of civil procedure (academy publishing, 2013) at para 26.003 commented that ..... by the parties. in this regard, the defendants opposed the application for variation "on the sole basis that the plaintiff's contractual entitlement to indemnity costs had not been pleaded in the amended statement of claim" (dbs bank (hong kong) limited at [4]). 88. in recognising that ..... . furthermore, in its opening statement filed on 18 january 2013, bnp had expressly stated that it would be seeking costs on an indemnity basis pursuant to the relevant contractual provisions governing the banking relationship between both parties. that being so, i cannot agree with the dj ..... any of the foregoing against any and all losses, damages, reasonable costs and expenses (including but not limited to legal costs on a full indemnity basis), charges, actions, suits, proceedings, orders, warrants, injunctions, claims or demands which may be brought against any of them or which any ..... indemnity costs on the following grounds: (a) clause 11.4 of the stc was a material fact which ought to have been pleaded by bnp. (b) clause 11.4, on a true construction, only applied to claims brought by third parties. on this basis, it should not be applicable in the present case where abani, a contracting .....

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Apr 10 2014 (FN)

Columbia Asia Healthcare Sdn. Bhd. and Another Vs. Hong HIn Kit Edward ...

Court : Singapore Supreme Court

Decided on : Apr-10-2014

..... is logical. it is only when a third party establishes that it is an intended beneficiary of the contract that the burden then shifts, under the second limb, to the party giving the indemnity or warranty ("the warranting party"), to show that notwithstanding that the third party is an intended beneficiary, ..... owes the sum to thermal industries, the hongs are not liable to indemnify columbia. 319. the hongs' defence to columbia's claim for an indemnity has shifted almost completely since the start of these proceedings. in their initial third- party defence, the hongs pleaded that they as vendors had complied ..... on ptnm. on the other hand, the actual tax exposures were liabilities that had already been imposed on ptnm. columbia therefore claimed a full indemnity from the hongs for the actual tax exposures. columbia acknowledged that there was a substantial overlap in both these claims. if the former claim was ..... 861 and 862. should ptnm be found liable in suits 861 and 862, ptnm and columbia brought third-party proceedings against the hongs for indemnities provided by them as vendors under the ssa. 7. in suit 861, ptnm also counterclaimed against thermal industries for damages to be assessed for ..... the parties to the contract did not intend the term to be enforceable by the third party. it is .....

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Apr 16 2014 (FN)

Cifg Special Assets Capital I Ltd. (Formerly Known as Diamond Kendall ...

Court : Singapore Supreme Court

Decided on : Apr-16-2014

..... conduct of defence: if any action, proceeding, claim or demand (including a governmental investigation) shall be instituted involving any of the indemnified parties in respect of which indemnity may be sought pursuant to clause 12.1, such indemnified party shall promptly notify the issuer and the initial shareholders in writing and the issuer and the initial shareholders shall ..... , officers and employees (the "indemnified parties") harmless from and against any claims, damages, deficiencies, losses, costs, liabilities and expenses (including legal fees and disbursements on a full indemnity basis) directly or indirectly caused to the indemnified parties and in particular, but without prejudice to the generality of the foregoing, for any short-fall, depletion or diminution in value ..... arising from a breach of any term or condition of the agreement. as clearly stated in its heading, clause 12.1 is a "general indemnity" clause. there is nothing unusual for commercial contracts, such as the present bond subscription agreements, to include such general indemnity clauses whereby one party can seek compensation from the other party either for breach of ..... contract or for failure to perform the contract properly on the part of the latter or a third party (as in this case). 33. i am also not in agreement with the defendants' .....

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Jan 02 2014 (FN)

Defu Furniture Pte Ltd. Vs. Rbc Properties Pte Ltd.

Court : Singapore Supreme Court

Decided on : Jan-02-2014

..... available to indemnify the rescinding party only against losses suffered as a result of performing its obligations under the rescinded contract. the plaintiff can therefore recover its losses under [152] under such an indemnity only to the extent that it can prove that it incurred those losses in performing its obligations under the sub-lease. with respect to the largest of ..... [152] above. 155. the plaintiff, as part of its alternative case in innocent misrepresentation, argues that it can recover all these sums from the defendant by way of an indemnity in equity, granted as a supplement to an order for rescission in order to achieve true restitutio in integrum. the plaintiff relies for this submission on forum development pte ltd ..... the burden under (d), is the plaintiff nevertheless entitled to relief for the defendant's innocent misrepresentation, namely rescission of the letter of offer and sub lease, coupled with an indemnity in equity? (f) if the defendant cannot discharge the burden under (d): to what relief is the plaintiff entitled and on what measure? (g) alternatively, did the defendant ..... 75. the plaintiff argues in the alternative that if the defendant's misrepresentation was innocent rather than negligent, the plaintiff is still entitled to relief, namely rescission coupled with an indemnity in equity in respect of all its losses to achieve true restitutio in integrum. 76. alternatively, the plaintiff claims that the defendant was in repudiatory breach of the letter of .....

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Apr 23 2014 (FN)

Peracomo Inc., Real Vallee Vs. Telus Communications Company

Court : Canada Supreme Court

Decided on : Apr-23-2014

..... . . . 2. claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. however, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent ..... a fact to be proven to justify an insurers decision to deprive its insured of coverage. [97] at common law, since this courts decision in canadian indemnity co. v. walkem machinery and equipment ltd., 1975 canlii 141 (scc), [1976] 1 s.c.r. 309, [a]t least as far as ..... . the federal courts decided in favour of the insurer and the appellants submit they erred. [37] royal issued a policy to the appellants including protection and indemnity coverage during the relevant time. the policy covered liability in consequence of . . . damage to any fixed or movable object? and arising from an ..... 2010), at p. 288; e. gold, a. chircop and h. kindred, maritime law (2003), at p. 728. it is worth noting that the contracting states considered, but expressly rejected, the inclusion of gross negligence? as a sufficient level of fault to break the liability limit: comit maritime international, the travaux pr ..... purpose to establish a virtually unbreakable limit on liability and does not accord with its text. [24] i turn first to the conventions purpose. the contracting states to the convention intended the fault requirement to be a high one the limitation on liability was designed to be difficult to break: margolle .....

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Jul 03 2014 (SC)

Satti Paradesi Samadhi and Pilliar Temple Vs. M. Sakuntala(D) Tr.Lrs.a ...

Court : Supreme Court of India

Decided on : Jul-03-2014

..... set |three years |when the facts | | |aside an instrument | |entitling the plaintiff| | |or decree or for the | |to have the instrument | | |rescission of a | |or decree cancelled or | | |contract | |set aside or the | | | | |contract rescinded | | | | |first become known to | | | | |him | the learned counsel for the respondent would contend that the plaintiff is not a trust as understood within the parameters of section .....

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Apr 08 2014 (FN)

Lek Gwee Noi Vs. Humming Flowers and Gifts Pte Ltd.

Court : Singapore Supreme Court

Decided on : Apr-08-2014

..... brokers (western) inc (2009) 1 scr 157 ("shafron"). in shafron, the employee sold his insurance agency to the employer, who thereafter employed him under an employment contract. that contract contained a restrictive covenant by which the employee agreed that, for three years after leaving his employer, he would not compete with it within the "metropolitan city of vancouver ..... man financial at [72]. thus, a restrictive covenant must be construed bearing in mind the circumstances which the parties reasonably contemplated at the time they entered into the contract. this principle has both a positive and a negative consequence. the positive consequence is that if a restrictive covenant is reasonable as between the parties bearing in mind ..... spa that they each sign a new employment agreement with the defendant (see [11] above). it is also telling that the restrictive covenants found in the employment contracts of humming house's shareholders were prepared separately and contained different provisions from those in the plaintiff's employment agreement. this supports the view that the plaintiff's restrictive ..... into a threshold question for determining whether a restrictive covenant is enforceable. the true threshold question is not the character in which the covenantee and the covenantor have contracted. the true threshold question always is whether the restrictive covenant is aimed at protecting a legitimate interest of the covenantee as against the covenantor. the question of categorisation .....

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Feb 26 2014 (FN)

Ks Energy Services Ltd. Vs. Br Energy (M) Sdn Bhd

Court : Singapore Supreme Court

Decided on : Feb-26-2014

..... 6.6 bre shall indemnify [kse] against all claims, proceedings, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising in connection with the charter agreement and the [pcsb contract] and their respective performance. [emphasis added in bold italics and underlining] it is this "all reasonable endeavours" provision in clause 6.2 ..... guidance on the prima facie meaning of similar phrases when they are used in documents that are intended to have legal effect. this is especially so because the contracting parties would have taken into account the general law in reaching their agreement. furthermore, attributing such prima facie meanings to similar phrases (ie, phrases similar to ..... a general obligation to conduct themselves in accordance with an ascertainable standard of commercial behaviour. to address this lacuna, express "endeavours" clauses are often introduced into written contracts to regulate the parties' obligations. however, as will be seen, notwithstanding the relative prevalence of such clauses, there remains a degree of uncertainty as to what legal ..... provision might satisfy its obligations in the face of dynamic (and often unforeseen) circumstances, unfamiliar settings and sometimes intransigent third parties. "endeavours" clauses are often found in contracts, but infrequently considered by the courts here. to facilitate our discussion of these clauses, we shall, where appropriate in this judgment, refer to: (a) a party .....

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