Court : Andhra Pradesh
Reported in : AIR1967AP145
..... of the plaintiff collects some amount from the defendant the defendant undoubtedly will have a cause of action against rattayya.but that would not be on the basis of any contract of indemnity express or implied. he gets that cause of action on the ground that rattayya had falsely represented as the agent of the plaintiff and wrongfully collected money from the ..... if the facts mentioned by the defendant are found too be correct, it does not constitute an implied contract of indemnity. either rattayya is an authorised agent of the plaintiff or is not. if he is an authorised agent, who was, as is alleged by the defendant, authorised to place ..... to him by the conduct of the promisor himself, or by the conduct of any other person, is called 'contract of indemnity.''that there is no express contract of indemnity is not in dispute. the1u1u uld of course be an implied contract of indemnity. does such a contract arise from the facts alleged by the defendant in this case? i have no shadow of doubt that even ..... defendant. i fail to understand how any question of indemnity visualised by section 124 of the indian contract act can arise in such circumstances. the mere fact that rattayya was not the agent at the time of payment and was not authorised to collect .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All774
..... modified form. the decision can be supported on the general ground that there was no equity in 'favour of the plaintiff nor was there any contract of indemnity between him and his co-defendant in the original suit. with great respect, it may be pointed out that the view expressed by the bench ..... there is no implied contract, does equity require that a a party who has alone suffered a burden that was cast ..... between this case and that of a joint judgment against several defendants in an action of assumpsit: and that this decision would not affect cases of indemnity, where one man employed another to do acts, not unlawful in themselves, for the purpose of asserting a right.' the editor of the revised reports ..... agreed to be committed, and cannot be separated from it, and, when the whole contract becomes unlawful the terms relating to contribution falls along with it and cannot be enforced.42. where there is no express contract for indemnity or contribution as between joint tort-feasors, does the law imply one? or, if ..... in that case that it lay upon the plaintiff (i. e. person seeking contribution) to show that there was either some contract between him and the .....Tag this Judgment!
Court : Kerala
Reported in : (1987)IILLJ311Ker
..... -contractor in the relationship of principal to contractor?... the contractor referred to in section 12(2) is the contractor who contracts directly with the principal as defined in section 12(1). if therefore there is any further subletting of the contract, an indemnity cannot be obtained under the act and must be sought by recourse to the civil court....so stating the court ..... second category that where the principal's contractor is liable to pay compensation or to indemnify the principal, as provided under the sub. section, such contractor can in turn seek indemnity from his own contractor, who in relation to the principal, stands as a subcontractor, and who, being the immediate employer of the workman, is in terms of section 3, liable ..... to him in the relation of a contractor from whom the workman could have recovered compensation) and all questions us lo the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3) nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of ..... held that the indemnity provided under section 12(2) was restricted to one indemnity, namely, between the principal and the original contractor.8. almost immediately after these .....Tag this Judgment!
Court : Sri Lanka Supreme Court
..... ? 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2008ACJ1280
..... that the liability in respect of tortfeasor himself would be covered by the insurance company and that such tortfeasor (or his legal heir) could sue the insurance company under the contract of indemnity or under law of torts to pay compensation. hence no driver can claim compensation for the accident de son tort. consequently, the liberal construction of section 163-a of ..... was observed that though the m.v. act is a beneficial legislation and summary procedure alone may be followed by a tribunal in dealing with a claim, the contract of insurance is a contract of indemnity. consequently, when a car belonging to an owner and driven by the driver employed by the insured meets with an accident, the primary liability is that of ..... that the deceased was a tortfeasor and, therefore, compensation on account of his death or bodily injury could not be given by the insurance company under section ii of the contract of insurance stands to reason. the indemnity to be provided necessitates the liability to be incurred as a condition precedent. that liability would be upon the tort of negligence. this ..... , incur liability. that would be tortious liability. the insurance company would, therefore, indemnify the owner against any third party liability. this indemnity is the statutory liability of the insurance company in case of contracts of such insurance. the purpose of the indemnity is to pay compensation to a third party, i.e., a party who is an outsider--other than the two parties .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121
..... of law7. motor vehicles act does not define word 'insurance' or 'insurance policy'. in common law and as per provisions of indian contract act, 1872, insurance policy is similar contract of indemnity. section 124 of contract act defines 'contract of indemnity' as 'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by ..... the compromise was not contrary to the orders of the promisor; and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorised him to compromise the suit.(emphasis supplied)8. if the promisee contravenes orders of promissor and failed to act as it would have been ..... bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;(3) all sums which he may have paid under the terms of any compromise of any such ..... negligence in the matter of fulfilling conditions (promises) of policy of insurance regarding use of vehicle by duly licensed driver, indemnity under policy cannot be enforced against the insurer.23. a contract of insurance as pointed out supra is akin to contract of indemnity. parties to a policy of insurance are bound by mutual obligations and promises, the underlying aspect being that one party .....Tag this Judgment!
Court : Delhi
Reported in : II(1990)BC51; 73CompCas701(Delhi); 41(1990)DLT359; 1990RLR252
..... given is called the 'creditor'. a guarantee may be either oral or written. a promise to be primarily and independently liable for another persons conduct may amount to a contract of indemnity. a contract of guarantee requires concurrence of three persons-the principal debtor, the surety and the creditor-the surety undertaking an obligation at the request express or implied of the principal ..... debtor. the obligation of the surety depends substantially on the principal debtor's default; under a contract of indemnity liability arises from loss caused to the promiseby conduct of the promisor himself or by the conduct of another person'. (55) in view of the aforesaid law declared by ..... the conduct of any other person, is called a 'contract of indemnity', section 126 defines a contract of guarantee. it states : 'a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the ..... sri bikram cotton mill ltd. and another). justice shah and justice cover considered the provisions of sections 124 and 126 of the contract act, and observed as under :- 'section 124 of the indian contract act defines a 'contract of indemnity'. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by .....Tag this Judgment!
Court : Kerala
Reported in : AIR1964Ker267
..... month and would himself pay, the reasonable view is, that the cause of action against him arose upon non-payment within in month. but it was urged, that as a contract of indemnity, a different result would follow. the rules at common law and in equity are stated thus in 16 halsbury's laws of england, 3rd edition, paragraphs 982 and 983 ..... at the request of the debtor becomes entitled to recover from him whatever sums he has rightfully paid under the guarantee as is provided in section 145, whereas in the contract of indemnity, the indemnifier cannot on the performance of the obligation of the debtor in the absence of an assignment from the creditor, sue in his own name, the debtor, as ..... the two cases. in this sense ext. f may be held to be a contract of indemnity, with a special term by which defendants 2 and 3 rendered themselves personally liable to pay, in case the debts were not discharged within one month. the subordinate judge ..... to accept the argument of counsel, that ext. f is evidence of repudiation by the plaintiff of the principal debt itself and that therefore it cannot be regarded as a contract of indemnity. the plaintiff considered that the loans were irregular, not that they were not true or that they were unenforceable. the principal debtors were of course the first defendant in .....Tag this Judgment!
Court : Gujarat
Reported in : 49CompCas556(Guj); (1978)0GLR651
..... the loss being either proved or admitted, insurer is under an obligation to pay under contract of indemnity and then may insist upon preservation of the rights. that conclusion appears to be inescapable. 16. turning to the facts in this case, there ..... 1880] 5 qbd 560 (ca) was a case of fire insurance and, in the context of fire insurance policy, it was held that being a contract of indemnity, upon payment of the amount of loss, the insurer is entitled to be put into the place of the assured; and if at a subsequent time ..... as to disentitle the insured to be indemnified by the insurer. clause 9 cannot stand out or apart from the terms of the contract of insurance. it is a contract of indemnity. where loss is admitted, the insured under the terms of insurance is entitled to be indemnified by the insurer. that is the ..... can call upon the assured to preserve the right against the carrier by initiating action without payment and only on the indemnity of costs. such an approach may almost make the contract of indemnity superfluous because the insured can always proceed against the carrier and recover the damage. he insures against loss and on ..... conflict of interest between the insurer and the insured. but where there is under-insurance or risk is not fully covered and contract of marine insurance being one of indemnity, the insured may be indemnified to the extent of the risk covered under the policy and yet it does not compensate the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1939Mad172; (1938)2MLJ886
..... he had authority to sell whereas in fact he had not. but i am unable to see, if there is a contract of indemnity either express or implied given by a vendor to his vendee, why such a right of indemnity would not fall within the terms of the rule. i am not able to find any reported decision where the test formulated ..... to indemnity is here given in terms by the sale deed in favour of the ..... rule, when it deals with claims to indemnity, means claims to indemnity as such either at law or in equity. in nine cases out of ten a right to indemnity, if it exists at all as such, must be created either by express contract or by implied contract; by express contract if it is given in terms by the contract between the two parties.6. the right ..... 1st defendant. prima facie, therefore, there is a right to indemnity against rajarama sastri. but it is contended that .....Tag this Judgment!