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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: delhi Page 1 of about 7,004 results (0.053 seconds)

May 09 1972 (HC)

insurance Company Limited Vs. Vimal Rai and ors.

Court : Delhi

Reported in : AIR1973Delhi115; [1974]44CompCas316(Delhi); 1972RLR91

..... transfer of the motor vehicle. we are, thereforee, clearly of the view that in the absence of a stipulation to the contrary, an insurance policy which is a personal contract for indemnity, lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without an express agreement with the insurance company. (16) the ..... seller is liable, the insurance company is certainly liable, but if the motor cycle had been sold to the purchaser, the insurance company claims exoneration from liability, as the contract of indemnity contained in the insurance policy had lapsed. it is not denied that the purchaser did not give any information about the purchase of the vehicle to the motor registering authorities ..... vehicle, the liability of the seller arises and consequently liability of the insurance company to indemnify the seller against third party risk remains intact and subsisting in terms of the contract of insurance. (19) on the question of liability for the accident, there is not much dispute between the parties. it appears to us that the seller permitted the purchaser to ..... 96 presupposes the existence of a valid insurance policy. should such a policy be subsisting, the insurer cannot raise any other defense, but where the existence or subsistence of a contract of insurance is challenged or the insurer contends that the policy has lapsed or is not available to cover the liability of the purchaser of the vehicle, the restrictions contained .....

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Apr 15 1974 (HC)

Roshan Lal Anand and anr. Vs. the Mercantile Bank Limited

Court : Delhi

Reported in : [1975]45CompCas519(Delhi); ILR1974Delhi669

..... negligence or of a breach of employment to use reasonable care and skill but the case rests entirely on performance of the conditions precedent to the right of indemnity which are specified in the contract between the buyer and the banker resulting in the issue of the credit. (see 'the law of banker's commercial credits' by gutteridge fourth edition, page 42 ..... import license is an integral part of the contract leading to the opening of the letter of credit it is the duty of the banker to see that the documents are in respect of goods and to the extent ..... goods, the former right arising when the documents are tendered and the latter when the goods are landed and, after examination, are found not to be in conformity with the contract. (see 'the law of banker's commercial credits' by gutteridge fourth edition, page 90.)(9) one has, thereforee, to examine the conditions which were agreed upon between the parties. the ..... such as were called for by the credit. there is a difference between the position of a seller and buyer. the position of seller and buyer under c.i.f. contract is that the seller has two distinct obligations : (a) to deliver the proper documents of title, and (b) to ship the proper goods; and that the buyer, in the event .....

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Dec 05 1975 (HC)

Tulsi Dass and anr. Vs. Panna Lal and ors.

Court : Delhi

Reported in : [1978]48CompCas169(Delhi)

..... been registered with the registering authority or not. it was finally held that, in the absence of a stipulation to the contrary, an insurance policy which was a personal contract for indemnity, lapsed upon the transfer of the motor vehicle and the benefit of the policy was not available to the transferred without an express agreement with the insurance company. thereforee, if ..... shall be deemed to be the insured and whose proposal and declaration dated 24-8-1961 shall be deemed to be incorporated in and to be the basis of this contract.'15. ex. r/3/13 is a letter from the finance company to the insurance company by which the former informed the latter that the vehicle no. dlg 4726 had .....

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Aug 18 1980 (HC)

Premier Tyres Ltd. Vs. the State Trading Corporation of India Ltd.

Court : Delhi

Reported in : [1981]51CompCas316(Delhi); ILR1986Delhi317

..... treat such a bank guarantee, as a guarantee under section 126 of the contract act, which speaks of three persons with reference to the contract, it is rather in the nature of contract of indemnity, under section 124 of the contract act ; which requires two persons. , a contract of guarantee the surety undertakes an obligation at the request express or implied ..... 'that these bank guarantees create positive obligations.. ......... ..................and are irrevocable.. . ..... .and that the obligation arising under the bank guarantees are independent of the obligations arising out of contract between the parties........ ... '. these observations have our full agreement.(14) mr. ray even made a half hearted attempt to distinguish the cases noted above by saying that in the ..... guarantee has nothing to do with the alleged disputes between the appellant and the respondent which must be decided independently on the basis of the terms of that contract, without involving the contract of bank guarantee.(11) in the present case the guarantee given by the bank of india is in the following terms :- thestate trdg. corpn. of ..... of the principal debtor. the obligation of the surety depends substantially on the principal debtor's default ; under a contract of indemenity .....

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May 11 1981 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Shri Balram K. Kapur ...

Court : Delhi

Reported in : [1983]54CompCas320(Delhi)

..... that has happened is it the duty of the assured under the policy to reduce the lass 19. the guarantee policy is essentially a policy of indemnity. though a contract of insurance in essence is a contract of indemnity, in which the amount recoverable is determined by the pecuniary loss sustained by the assured, whatever is recovered from the borrower will go towards diminishing ..... a word, they are subrogated to the rights of the assured. this is the fundamental principle of the insurance. 20. the policy says to us : 'apply the board principle of indemnity, and you have the answer.' the assured cannot recover a loss greater than he suffers. in order to ascertain what that loss is, everything must be taken into account which ..... insurer's liability. it is a method of measuring loss. it is the basis of the insurance cover. if a debt is guaranteed, the assured may enforce the guarantee. the contract of insurance relates to the debt and will, if duly performed, place the assured in the same position as if the loss had not happended. after the insurers replenish the .....

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Aug 18 1981 (HC)

Premier Tyre Ltd. Vs. State Trading Corporation

Court : Delhi

Reported in : 1981RLR138

..... principal debitor. the obligation of the surety depends substantially on the principal debtors's default ; under a contract of indemnity liability arises from loss caused to the promiseby the conduct of the promise himself or the conduct of another person : 'vide punjab national bank ltd. v. sri bikram cotton ..... wrong to treat such a bank guarantee, as a guarantee under section 126 of the contract act. which speaks of three persons with reference to the contract, it is rather in the nature of contract of indemnity, under section 124 of the contract act which requires two person, in a contract of guarantee the surety undertakes an obligation at the request express or implied of the ..... with the observation, 'that these bank guarantees create positive obligations and are irrevocable and that the obligation arising under the bank guarantees are independent of the obligations arising out of contract between the parties'. these observations have our full agreement. (14) mr. ray even made a half hearted attempt to distinguish the cases noted above by saying that in the ..... mills a.i.r. 1979 s. c. 1973 here the the bank guarantee is a contract between the bank and respondent. the reason why the bank guarantee may have been given no .....

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May 22 1986 (HC)

Victory Export and Import Syndicate Etc. Vs. Union of India and ors.

Court : Delhi

Reported in : AIR1986Delhi409; ILR1986Delhi320; 1986RLR472

..... expected a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.'(33) i am of the view that this observation of the supreme court, has to be read with its earlier ..... . the narrow issue that we propose to examine first is as to whether damani, the indigenous supplier, is not entitled to insulation from the indemnity clause, in the special circumstances of the case. counsel for damani, shri anil divan, conceded that if the liability to indemnify the stc as ..... to the respondents to, issue the necessary export license to the petitioner to export the balance quantity of 488 walnut, stumps against the firm contract entered into by the petitioners which arc covered by valid letters of credit. the petitioners be given the export license in accordance with the order ..... the next question is whether the constitutionality of the export (control) fifteenth amendment order, 1979 should be examined closely vis-a-vis pre-ban contracts. constitutional questions should be considered by courts only when it is absolutely necessary, not otherwise. in the present case, broadly speaking, we are not ..... in government of j&k; order no. 110- doh of 1979 dated 16-3-1979 provided they to produce to the licensing authorities valid contract and duly re-validated of fresh irrevocable letter of credit covering the said exports. they were also asked to contact the joint chief controller of .....

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Sep 28 1988 (HC)

Anand Sarup Sharma Vs. P.P. Khurana and ors.

Court : Delhi

Reported in : I(1990)ACC155

..... the insurance company and the insured was to indemnify the insured in respect of third party liability. without any doubt, it was a contract of personal indemnity. there is nothing in the insurance policy to indicate that the insurance company had undertaken to indemnify the person to whom the insured ..... further covered the legal liability of the assured in respect of the use by the assured of a car other than the insured car. the assured claimed indemnity against claims by an injured person by his new car. at the time of accident he had sold the car, subject-matter of the insurance. ..... ex-owner liable to indemnify the purchaser, who had purchased the vehicle from the ex-owner. these provisions do not have the effect of modifying the contract of insurance by adding the buyer of the vehicle as an insured person.section 96(1) of the act reads as under:duty of insurers to ..... liability to any person being conveyed in or on the motor cycle unless such person is being conveyed by reason of or in pursuance of a contract of employment.(b)...23. it is clear from this clause that the insurance company undertook to indemnify the insured against all sums which insured became legally ..... had sold the vehicle prior to the accident. the insurance company could not be compelled to indemnify a person with whom it had no contract and who was rather .....

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Sep 28 1988 (HC)

Anand Sarup Sharma Vs. P.P. Khurana and Others

Court : Delhi

Reported in : AIR1989Delhi88; [1989]65CompCas413(Delhi); 1989(16)DRJ27; 1988RLR693

..... insurance company and the insured was to indemnify the insured in respect of third party liability. without any doubt, it was a contract of personal indemnity. there is nothing in the insurance policy to indicate that the insurance company had undertaken to indemnify the person to whom the insured ..... covered the legal liability of the assured in respect of the use by the assured of a car other than the insured car. the assured claimed indemnity against claims by an injured person by his new car. at the time of accident he had sold the car, subject-matter of the insurance. ..... . after the sale, the insured was left with no insured was left with no insurable interest in the vehicle. thereforee, under the terms of the contract of insurance, the insurance company was not liable to indemnify the transferee. 23. has any liability been imposed on the insurance company by the statute, i ..... liability to any person being conveyed in or on the motor cycle unless such person is being conveyed by reason of or in pursuance of a contract of employment ....' 22. it is clear from this clause that the insurance company undertook to indemnify the insured against all sums which the insured becomes ..... has sold the vehicle prior to the accident. the insurance company could not be compelled to indemnify a person with whom it had no contract and who was .....

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Apr 23 1990 (HC)

Nangia Construction India (P) Ltd. Vs. National Buildings Construction ...

Court : Delhi

Reported in : II(1990)BC51; [1992]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 .....

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