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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: punjab and haryana Page 1 of about 1,402 results (0.038 seconds)

Dec 05 1951 (HC)

NaraIn Singh and anr. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1953P& H110

..... encumbrances the vendor gets the price of his interest, whatever it may be, whether the price be settled by private bargain or determined by public competition, together with an indemnity against the encumbrances affecting the land. the contract of indemnity may be express or implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a ..... , whatever it may be, whether the price be settled by private bargain or determined by public competition, together with an indemnity against the encumbrances affecting the land.'the second point appears to the to be covered by the words-'the contract of indemnity may be express or implied. if the. purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... more than a contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out ..... contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out to be invalid, the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete. he cannot pick up the burthen of which the land .....

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Nov 27 1958 (HC)

Vanguard Fire and General Insurance Co. Ltd. Vs. Sarla Devi and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H297

..... open to him under the law. after the liability of the assured had thus been fixed the assured became entitled to enforce the contract of insurance by claiming indemnity for the loss sustained by him. in view of (his legal position sometimes courts stayed execution or decrees passed against the assured during ..... the pendency of thesuit filed by the assured against the insurers for indemnity under the contract of insurance.in a suit between the assured and the insurers the latter could raise all defences open to them in law under the ..... as defendants on the ground that they were ultimately liable to pay the compensation fixed between the injured and the assured person by virtue of contract between them. the person injured had no redress against the insurers and had no right in respect of the money paid to the assured under ..... or vicariously responsible for the injury. the third person cannot be held to be an assured person simply because the insured had undertaken under the contract of insurance to indemnify the assured. the legal position has been described in halsbury's laws of england, second edition, volume 16, para 879 ..... happening of perils specified m the agreement.in the accident insurance the sum becomes payable to the assured on the happening of any event specified in the contract. such an insurance may be sub-divided into (a) personal accident insurance, (b) property accident insurance and (c) liability insurance. a policy .....

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Jul 22 1959 (HC)

Joti Parshad Jai Gopal and anr. Vs. Kartar Singh Sahib and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H425

..... paid to the widow of nand singh bala through s. kartar singh under a contract of implied indemnity.(6) the conclusion of the lower courts is erroneous in law and contrary to the dictates of justice, equity and good conscience. i would allow this ..... execution of the decree. though it is not necessary in this case, a contract of indemnity can also be inferred. even in the absence of the evidence of meem chand it would have been a legitimate inference to draw that the money was ..... singh on a definite assurance made by him in the company of meem chand. cause of action in such cases arises when the damage in which the indemnity is intended to cover is suffered. in the present case the damage was suffered when the payment was made to the sons of nand singh bala in ..... the person doing it, and such act turns out to be injurious to the rights of a third party, the person doing it is entitled to an indemnity from him who requested that it should be done.'this quotation is taken from the judgment of lord halsbury in sheffield corporation v. barclay, 1905 ac 392, ..... these facts, it appears to me that the proper provision to apply is art. 83 of the indian limitation act which is as under :'upon any other contract three years when the plaintiff is actuallyto indemnify damnified'. the payment was made to the sons of nand singh bala in execution of the decree in july 1949 .....

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Nov 24 1959 (HC)

Ghaki Mal Hukum Chand Vs. Great American Insurance Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1960P& H523

..... damage a damage by the peril insured against.'this is the first difficulty in the way of the plaintiff. the plaintiff in a contract of fire insurance which essentially is a contract of indemnity has to prove the loss actually suffered by him as a result of fire. i am prepared to accede that the evidence ..... which there is no compelling reason to depart in the instant case. nor is there any support for the proposition that clauses 11 and 19 of the contract of insurance could not have been overridden by statute. in face it is specifically mentioned in the relevant provisions cited in the earlier portion of this ..... date of the loss notwithstanding that the intimation does not specify the amount of the claim or is not in the form, if any, required by the contract of insurance or in any other specified form.'(3a) at this stage, i may also advert to the provision of section 36 of the debts adjustment act ..... (a) * * *(b) the claim was not made to the company within the agreed time, or(c) * * *(d) * * *and any contract to the contrary, to the extend to which it is in contravention of the provisions of this sub-section, shall be deemed to have had no effect. * * * * (6) no ..... or theft or riot and civil commotion and there has been a loss in respect of such property arising out of any such risk at a time when the contract of insurance was in force, such company shall not be entitled to refuse payment of the sum due under any claim in relation thereto on the ground that. .....

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Mar 02 1960 (HC)

Walyti Ram Ram Ditta Mal Vs. Bhagwan Dass Rajinder Kumar

Court : Punjab and Haryana

Reported in : AIR1960P& H471

..... clearly emphasise the relationship of principal and agent that subsists between the constituent and the pucca arthia even after the contract is concluded between them as principals.(24) the contention of the learned counsel for ..... . that being so, the fact that the defendant had not received this amount from his other constituents with whom he had entered into contracts, cannot prevent the plaintiff from recovering his dues which are based upon a claim which does not depend on the defendant receiving a similar ..... on the fiction that as agent he had to pay damages on behalf of the constituent to the other contracting party which is none other than himself. for practical purposes, it makes ..... contract and he is a principal in the contract put through by him between the constituent and himself. if the constituent fails to perform his part of the contract the pucca arthia may base his claim on either basis, namely, as principal for damages for breach of contract or as agent for indemnity ..... no difference in such a case on what basis the pucca arthia makes his claim. but the important point to note is that this decision of the judicial committee, air 1917 pc 101, by holding that the rights of the pucca arthia are by way of indemnity .....

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May 01 1964 (HC)

Life Insurance Corporation of India Vs. Firm Tirath Ram and Sons and a ...

Court : Punjab and Haryana

Reported in : [1966]36CompCas105(P& H)

..... the amount for which the property was insured on the date of such loss '. the tribunal held that an insurance against fire or riot is a contract of indemnity and the undertaking by the insurer is that, if the insured suffers any loss ' in respect of ' the insured property, the insurer will indemnify ..... because they had received rs. 27,000 from the central bank of india limited in respect of the insured goods and the contract of insurance had not provided for any indemnity exceeding that sum. on this view of the matter, the tribunal held that no relief could be allowed to the petitioners against ..... the insured to the extent of the actual loss the maximum limit of indemnity being the sum mentioned in the insurance contract. the point is that an insurance of this kind is not a contract to pay any sum of money on the happening of a contingency, as is the case ..... creditors of the insured and the insurer, and the creditors are entitled to recover from the insurer the amount, of the claim under the insurance contract. no double benefit accrues to the insured because out of the insurance claim the creditors have first to be satisfied and the insured receives only the ..... lost and that benefit must go to the insurer, for, otherwise, the insured would be receiving double benefit and making a profit out of the contract of insurance. this argument ignores the fact that these provisions are intended to regulate the rights and liabilities between a creditor and a debtor in .....

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Nov 12 1980 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Sant Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1981P& H143

..... lal, 1964-66 pun lr 804.it has been held in oriental fire & general insurance co limited's case (supra).'it is well settled that a contract of insurance is nothing but a contract of indemnity. the policy issued is with reference to a specified vehicle owned by the policy holder and consequently the policy remains effective while the policy holder retains an .....

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Jan 05 1982 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1982P& H267; [1984]55CompCas28(P& H)

..... , that aspect of the matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable, then the insurer is ..... remedies against a person primarily liable for the loss.'now the statutory definition of a contract of indemnity is in the following terms in s. 124 of the contract act:--'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 ..... entitled to make a profit (out?) of his loss.'6. equally authoritative is the following enunciation of law in leake on contracts:--'insurance is a contract of indemnity only; consequently, an insurer of property, upon payment of the amount due under the contract, is subrogated to the assured, that is, is considered in equity as standing order in the place, and may pursue his ..... the provisions of the m. v. act, 1939 (hereinafter referred as 'the act').5. at the very threshold, the true nature of the contract of insurance deserves highlighting. that the very corner stone thereof is the principle of indemnity is now so well settled that it would be wasteful to elaborate this aspect. it suffices to recall the following from the authoritative .....

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Jul 29 1982 (HC)

New India Assurance Co. Ltd. Vs. Col. Gurcharan Singh and ors.

Court : Punjab and Haryana

Reported in : [1986]59CompCas15(P& H)

..... which appears to have been introduced with a view to prevent the insurers from seeking to avoid liability unless they have affirmatively declined to agree to the novation of the contract of indemnity. the sole purpose of informing the appellant about the transfer of the truck, vide letter, ex. r 5, was to seek its reaction to the transfer of the insurance .....

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Nov 20 1984 (HC)

New India Assurance Co. Ltd. Vs. Jolly Engineers and Contractors (P) L ...

Court : Punjab and Haryana

Reported in : [1986]59CompCas808(P& H)

..... of any express stipulation to the contrary in the policy, the moment the insured parts with the car, the policy relating to it lapses. the insurance policy being a contract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them.'12. finally, as regards the contention that in ..... even if the original policyholder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurer cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him. mr.l.m, suri, counsel for ..... the high court of madhya pradesh in balwant singh v. jhanubai [1980] acj 126, where it was held :' it is also well-settled law that a contract of insurance is nothing but a contract of indemnity. the policy is with reference to a specified vehicle owned by the policy holder and consequently the policy remains effective while the policyholder retains an interest in .....

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