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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: karnataka Year: 2015 Page 1 of about 44 results (0.016 seconds)

Jan 05 2015 (HC)

National Insurance Co Ltd Vs. Gangadhar S/O Basavanneppa Akki

Court : Karnataka Dharwad

Decided on : Jan-05-2015

..... questions framed for consideration in this judgment are no longer res integra. in that, in both instances there is a breach of condition of the contract of insurance and the insurance company may not be liable to satisfy the decree. but it does not mean that it did not have the initial ..... be said that a person holding a learner's licence is not entitled to drive the vehicle. even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of ..... noticed hereinbefore, is whether the insurer must prove that the owner was guilty of the wilful breach of the conditions of the insurance policy or the contract of insurance. in lehru's case (supra), the matter has been considered at some details. we are in general agreement with the approach of the ..... . furthermore, it is one thing 25 to say that the insurer will be entitled to avoid its liability owing to breach of terms of a contract of insurance but it is another thing to say that the vehicle is not insured at all. if the submission of the learned counsel for the ..... van or library vans. (ix) mobile workshops. (x) mobile canteens. (xi) private service vehicle. (xii) public service vehicle such as maxi cab, motor cab, stage carriage and contract carriage including tourist vehicles. (xiii) educational institution buses. (xiv) ambulances. (xv) animal ambulances. (xvi) camper vans or trailers. (xvii) cash vans. (xviii) fire tenders, .....

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Jan 05 2015 (HC)

National Insurance Company Limited, Hubli and Others Vs. Gangadhar and ...

Court : Karnataka Dharwad

Decided on : Jan-05-2015

..... questions framed for consideration in this judgment are no longer res integra. in that, in both instances there is a breach of condition of the contract of insurance and the insurance company may not be liable to satisfy the decree. but it does not mean that it did not have the ..... cannot be said that a person holding a leaners licence is not entitled to drive the vehicle. even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learners licence, the same would run counter to the provisions of section ..... noticed hereinbefore, is whether the insurer must prove that the owner was guilty of the wilful breach of the conditions of the insurance policy or the contract of insurance. in lehrus case (supra), the matter has been considered at some details. we are in general agreement with the approach of the ..... 1939. furthermore, it is one thing to say that the insurer will be entitled to avoid its liability owing to breach of terms of a contract of insurance but it is another thing to say that the vehicle is not insured at all. if the submission of the learned counsel for the ..... or library vans. (ix) mobile workshops. (x) mobile canteens. (xi) private service vehicle. (xii) public service vehicle such as maxi cab, motor cab, stage carriage and contract carriage including tourist vehicles. (xiii) educational institution buses. (xiv) ambulances. (xv) animal ambulances. (xvi) camper vans or trailers. (xvii) cash vans. (xviii) fire tenders, .....

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Jan 07 2015 (HC)

The Management of National Aerospace Laboratories Vs. Engineering & Ge ...

Court : Karnataka

Decided on : Jan-07-2015

..... mills, rajnandgaon v. bharat lal and another. [ (2011) 1 scc635]. was also referred for the following observations made therein : 12. the expression control and supervision in the context of contract labour was explained by this court in international airport authority of india v. international air cargo workers union, [ (2009) 13 scc374]. thus: (scc p.388, paras 38 -39) ..... and was an independent entity empowered to administer, control and manage its own affairs and environs including writing off losses, recommending resource allocation for its r&d activities, approving contracts, licensing ipr, constituting its selection and assessment committees for all technical staff, etc. further, the funds of the society as per rule 54, though consisting of grants made ..... undertaking of the central government and it is the central government which exercises full control over the same, and the issuance of license by state government under the contract labour act is not sufficient criteria to conclude that the appropriate government was the state government and further held that for hal, central government would be the appropriate ..... whose rights were left to be adjudicated. respondent no.2 naltech has supported the contentions of the petitioner before the industrial tribunal and claimed that the workmen concerned were contract employees supplied on temporary basis for specified projects and specified periods as required by the petitioner. 6.-. 6 - learned senior counsel mr.s.n.murthy appearing for .....

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Jan 07 2015 (HC)

The Management of National Aerospace Laboratories Vs. Engineering and ...

Court : Karnataka

Decided on : Jan-07-2015

..... of the administrative tribunals act, 1985 is not sustainable. 19. another argument reiterated for the petitioner was with regard to the status of the workmen concerned as contract employees and their having no right to regularization in the service of nal. it was submitted that the petitioner was getting sponsored projects and nal was assigned particular ..... supervision and was an independent entity empowered to administer, control and manage its own affairs and environs including writing off losses, recommending resource allocation for its randd activities, approving contracts, licensing ipr, constituting its selection and assessment committees for all technical staff, etc. further, the funds of the society as per rule 54, though consisting of grants ..... undertaking of the central government and it is the central government which exercises full control over the same, and the issuance of license by state government under the contract labour act is not sufficient criteria to conclude that the 'appropriate government' was the state government and further held that for hal, central government would be the ..... rights were left to be adjudicated. respondent no.2 - naltech has supported the contentions of the petitioner before the industrial tribunal and claimed that the workmen concerned were contract employees supplied on temporary basis for specified projects and specified periods as required by the petitioner. 6. learned senior counsel mr.s.n.murthy appearing for the petitioner - .....

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Jan 28 2015 (HC)

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court : Karnataka

Decided on : Jan-28-2015

..... (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short 'rules', by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 4. the declaration of law by a division bench of .....

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Jan 28 2015 (HC)

The Chief Officer Vs. Smt Gunasundarammanni

Court : Karnataka

Decided on : Jan-28-2015

..... (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short rules , by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 10 w.p.26755/2012 & w.p.40708/2012 4 .....

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Feb 09 2015 (HC)

Infosys Limited Vs. The Deputy Commissioner of Commercial Taxes (Audit

Court : Karnataka

Decided on : Feb-09-2015

..... i.e., the person who is responsible for implementation, was engaged by uco bank for the purpose of implementation of the said software purchased. therefore, under the said contract, out of the total consideration payable for customization and implementation, assessee was paid the consideration for grant of license to use the customized finacle software and m/s. hewlett ..... also be for the purpose of implementing, deploying, testing, maintaining, repairing, upgrading or improving software but without involving any transfer of property in software in the execution of the contract for the 45 work of providing manpower or providing or performing services. the charges collected (whether called as labour charges, consultant charges, etc.,) by the manpower or service ..... account. such deemed sale may also include a transaction in which the seller integrates his software with a software belonging to the purchaser either as a part of a contract for maintaining, repairing, upgrading or improving software or any device embedded with software entered into between the seller and the buyer. as pointed out earlier, such integration leading ..... into force. as regards annual technical support services, since there is some amount of transfer of property in goods involved, the petitioner has been declaring and paying works contract tax. insofar as the activity of development and export of software, although it is a sale, the petitioner claimed exemption of the turnover relatable thereto as such turnover .....

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Mar 17 2015 (HC)

Sri B R Ganesh S/O Late Rajappa Vs. The Commissioner

Court : Karnataka

Decided on : Mar-17-2015

..... of the dispute.35. where however the named arbitrator though a senior officer of the government/statutory body/government company, had nothing to do with the execution of the subject contract, there can be no justification for anyone doubting his independence or impartiality, in the absence of any specific evidence. therefore, senior officer/s (usually heads of department or equivalent) ..... can however be a justifiable apprehension about the independence or impartiality of an employee- arbitrator, if such person was the controlling or dealing authority in regard to the subject contract or if he is a direct subordinate (as contrasted from an officer of an inferior rank in some other 86 department) to the officer whose decision is the subject matter ..... the question whether there is an arbitration agreement between the parties and such examination cannot extend to examining the agreement to ascertain the rights and obligations regarding performance of the contract. it has been held by the apex court as under: 17. it is not in dispute that subuthi and indowind are two independent companies incorporated under the companies act, ..... 8. (2014) 6 scc677 swiss timing limited vs commonwealth organising committee 9. (2000)8 scc151 datar switchgears ltd. vs tata finance ltd., and another 10. (2007) 5 scc304 ace pipeline contracts (p) ltd. vs bharat petroleum corporation ltd. games 2010 50 11. (1980)4 scc556 smt.rukmanibai gupta vs collector, jabalpur and others 12. (2007) 5 scc28 punjab state and .....

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Mar 24 2015 (HC)

Sri v.p.venaktesh Vs. Stm G Padmavathi

Court : Karnataka

Decided on : Mar-24-2015

..... be ignored. courts will apply greater scrutiny and (ii) strictness when considering whether the purchaser was ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits ..... had stoically denied the very execution of the agreement of sale, the question of the defendant pleading or establishing hardship in the performance of the contract could not have been assumed by the court below. 9 the learned counsel would also point out that when a substantial part of the price ..... sale transaction, could not be attributed to the plaintiff as having not indicated that he was ready and willing to perform his part of the contract. this reasoning of the court below cannot be sustained as it is wholly inconsistent with the actual circumstances. further, the trial court having held ..... filed on 31.1.2003. therefore, the court below having concluded that the plaintiff was not ready and willing to perform his part of the contract, is not in accordance with the settled principles of law. it is pointed out that a substantial amount amounting to 90% of the sale consideration ..... and the learned counsel for the respondent.2. the appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. it was stated that the defendant was the absolute owner of a property bearing no.10/6, 6th main, magadi road chord road, corporation .....

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Mar 24 2015 (HC)

V.P. Venkatesh Vs. G. Padmavathi

Court : Karnataka

Decided on : Mar-24-2015

..... therefore, time/period prescribed cannot be ignored. (ii) courts will apply greater scrutiny and strictness when considering whether the purchaser was ??ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits stipulated in the agreement. courts ..... such hardship. since the defendant had stoically denied the very execution of the agreement of sale, the question of the defendant pleading or establishing hardship in the performance of the contract could not have been assumed by the court below. the learned counsel would also point out that when a substantial part of the price has been paid under the agreement ..... the premises and complete the sale transaction, could not be attributed to the plaintiff as having not indicated that he was ready and willing to perform his part of the contract. this reasoning of the court below cannot be sustained as it is wholly inconsistent with the actual circumstances. further, the trial court having held that the plaintiff was not entitled ..... counsel for the appellant and the learned counsel for the respondent. 2. the appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. it was stated that the defendant was the absolute owner of a property bearing no.10/6, 6th main, magadi road chord road, corporation division no. 29, govindarajanagar, bangalore ?? 560 .....

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