Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: kerala Year: 2015 Page 2 of about 147 results (0.018 seconds)

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

Tag this Judgment!

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

Tag this Judgment!

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

Tag this Judgment!

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

Tag this Judgment!

Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

Tag this Judgment!

Jan 08 2015 (HC)

Surendran Vs. Shajahan

Court : Kerala

Decided on : Jan-08-2015

..... with proper notice to him.12. apposite would be a reference to the decision in oriental insurance co. ltd. v. meena variyal [(2007) 5 scc428:- "ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the insured, when it meets .....

Tag this Judgment!

May 20 2015 (HC)

Raman Vs. Cochin Devaswom Board

Court : Kerala

Decided on : May-20-2015

..... indemnify, says that a master is bound to indemnify his servant for all expenses incurred or loss sustained in obeying his lawful orders. it is also mentioned that no express contract of indemnity is required; the law will presume, from the relation of master and servant, an obligation to hold the latter harmless from the consequences of sa no.1028/2001 17 ..... loss is sustained by the latter persons, during the course of their employment. however, the question that crops up for decision, in the absence of any specific contract, is whether the appellant could claim indemnity against the board for the loss sustained by a third party on account of the act of an elephant owned by the board and kept by the ..... context, following principles will have to be remembered. it is true that mutual rights and obligations between master and servant depend on the terms of the contract of employment. although right of indemnity generally arises by a contract, express or implied, it has been said to exist whenever the relationship between the parties is such that either in law or in equity there ..... invoking the said provision. the tortfeasor claiming exemption from paying contribution to the other tortfeasor, based on the principle of indemnity contained in the section, should establish a legal right to make such a claim based either on a statute or a contract or common law principles. in this case, the salient features prompting me to hold so are that the master .....

Tag this Judgment!

Apr 06 2015 (HC)

Maniyan Nadar Vs. Harikumar

Court : Kerala

Decided on : Apr-06-2015

..... trial court dismissed the suit finding that remedy available to the defendants was only to mitigate loss sustained by them by taking recourse to the indemnity clause in ext.a2 assignment deed and to proceed against the 3rd defendant for realising compensation. it was also found that by operation of ..... . nor can a person who lends money to such a minor, recover it. if allowed to do so, the court would be enforcing a contract of loan. the english decisions graphically describe this position as "restitution stops where repayment begins". ........" 15. it was also observed that by applying the ..... , the agreement is discovered to be void later. second one, the contract becomes void by subsequent happenings. the section is intended to prevent unjust enrichment. privy council in muralidhar chatterjee v. international film co. ltd. (air1943pc34 ..... law should be applied with utmost regard to the facts and circumstances in each case.11. the law stated in section 65 of the contract act is one touching the principle of restitution. the section visualises two contingencies. first one, after a benefit has been received by one party ..... sale consideration. shri k.b.pradeep further contended that it is not only inequitable, but also in contravention of the provisions in the indian contract act. in reply to this argument, shri g.s.reghunath, learned counsel for the plaintiff submitted that the minor at no point of time .....

Tag this Judgment!

May 20 2015 (HC)

The Oriental Insurance Co.Ltd. Vs. Shobhana Omanakuttan

Court : Kerala

Decided on : May-20-2015

..... exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. (8) apportionment of liability in case of contributory negligence.-- (1) where any person suffers damage as the result partly of his own fault ..... , taking the probable income which he may have fetched if he was working in india during the relevant time.63. likelihood of termination of contract employment in gulf maca1075& 2974 of 2009 70 countries, therefore, looms large. but the background of the deceased will show that he had ..... in the responsibility for the damages: provided that -- (a) this sub-section shall not operate to defeat any defence arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of maca1075& 2974 of 2009 48 damages recoverable ..... machindranath maca1075& 2974 of 2009 36 kernath ksar's case (supra) are the following: i) the insurance company will be liable under the contract of insurance to indemnify the owner; ii) the driver of the offending vehicle will be primarily liable and the owner will be vicariously liable; ..... apex court challenging the above direction. in paragraph 10, the apex court has made certain general observations. on the general principles available under the contract of insurance, it was held in that paragraph that "once the driver is liable, the owner of the vehicle becomes vicariously liable for payment .....

Tag this Judgment!

Jan 09 2015 (HC)

Hassan Koya Vs. The Transport Commissioner

Court : Kerala

Decided on : Jan-09-2015

..... ) : "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi cab, a motor cab, contract carriage and a stage carriage; section 2(14) : "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //