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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: supreme court of india Year: 1969 Page 1 of about 94 results (0.166 seconds)

Jul 23 1969 (SC)

M.C. Chacko Vs. the State Bank of Travancore, Trivandrum

Court : Supreme Court of India

Decided on : Jul-23-1969

Reported in : AIR1970SC504; (1969)2SCC343; [1970]1SCR658

..... the first instance, were not subject to a charge in favour of the creditors. the court held that the covenant in the partition deed resulted in a contract of indemnity, and not a charge. in the present case also the covenant that m.c. chacko will either personally or out of the properties given to him satisfy ..... the debt is intended to confer a right of indemnity upon other members of the family, if the kottayam bank enforced the liability against them, and created no charge in favour of the bank. clauses 12 ..... create a charge, the kottayam bank not being a party to the deed could enforce the charge only if it was a beneficiary under the terms of the contract, and it is not claimed that the bank was a beneficiary under the deed ex. d-1. the suit against m.c. chacko must therefore be dismised ..... may enforce the rights which the trust so created has given him. the basis of that rule is that though he is not a party to the contract his rights are equitable and not contractual. the judicial committee applied that rule to an indian case khwaja muhammad khan v. husaini begam (1910) 37 i ..... action on the ground of nudum pactum. not only, however, is there nothing in section 2 to encourage the idea that contracts can be enforced by a person who is not a party to the contract, but this notion is rightly excluded by the definition of 'promisor' and 'promisee'.under the english common law only a .....

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Sep 17 1969 (SC)

Punjab National Bank Ltd. Vs. Shri Vikram Cotton Mills and anr.

Court : Supreme Court of India

Decided on : Sep-17-1969

Reported in : AIR1970SC1973; [1970]40CompCas927(SC); (1970)1SCC60; [1970]2SCR462

..... called the 'creditor'. a guarantee may be either oral or written.10. a promise to be primarily and independently liable for another person's 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 ..... agreement between the bank and ranjit singh.9. 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 the conduct of any other ..... worked out under the scheme.8. in reaching its conclusion that the bond executed, by ranjit singh in favour of the bank was of the nature of a contract of indemnity and not a contract of guarantee, the high court was impressed by the circumstance that the company was not a party to the bond, and that the bond was only a bilateral ..... 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 promisee by the conduct of the promisor himself or by the conduct of another person.11. in the present case the company did .....

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Oct 17 1969 (SC)

Sushila Kashinath Dhonde and ors. Vs. Harilal Govindji Bhogani and ors ...

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1971SC1495; (1971)73BOMLR320; (1969)3SCC223; [1970]2SCR950

..... the act, payment under such an agreement is payment of compensation under the act, and the plaintiffs' right to indemnity from the defendants follows.'31. whether certain claims were 'arising out of' or 'under a contract' came up for consideration in government of gibralter v. kenney, l.r.i. [1956] all. e.r ..... are sums which fall under the head 'compensation paid under this act' within the meaning of section 6, so that the plaintiffs are entitled to an indemnity from the defendants.dealing with the interpretation to be placed upon the words in question, the court observed, at p. 435 :but the decisive words ..... the plaintiffs took objection that he had no jurisdiction to deal with certain claims as they did not arise out of or under the agreement or contract. the court overruled the plaintiffs' objections holding :in my view, this arbitration clause is very wide. it covers '...any dispute or difference which shall ..... accept the contention of mr. hattangadi that the rights of the plaintiff flows not from the act or any of its provisions but from the contract, namely the deed of charge. the registered agreement entered into between the parties regarding the construction loan, it must be pointed out, is the ..... entertain the suit. (ii) the claim for a charge over the properties made by the plaintiff in the suit arises under a deed of contract evidenced by the charge dated august 12, 1959 and hence the proceedings initiated by the plaintiff before the court of small causes cannot be considered .....

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Oct 07 1969 (SC)

Ram Prasad S/O Prabhu Dayal Mathur Vaishya Vs. the State of Madhya Pra ...

Court : Supreme Court of India

Decided on : Oct-07-1969

Reported in : AIR1970SC1818; 1970(0)BLJR1078; 1970MhLJ696(SC); (1969)3SCC24; [1970]2SCR677

..... a lien upon the principal's goods or property which comes lawfully in his possession during the course of the agency from which the right to indemnity or compensation arises. a purchasing agent has a lien upon the principal's goods in his possession upon which he has paid money in purchasing ..... matter in which the lien is claimed. the lien does not arise where the possession of the property is acquired by the agent under a contract which expressly or impliedly shows contrary intention, or where it is delivered to him for a particular purpose inconsistent with the existence of lien the/ ..... that it constituted a bailment for security and that it is a pledge within the meaning of section 172 read with section 148 of the contract act. that is not the position here. therefore the high court was fully justified in rejecting the claim of the appellant that he was ..... jadhav naya bazarthakur sahab lashkar, gwalior.i hetampalsingh jadhav son of bhagwansingh jadhav caste thakur, am a resident of naya bazar, lashkar.i, have taken contract for supplying grain seed in district gird for which i need money for bringing every kind of grain from different places. therefore i appoint ramprasad s/o ..... his possession for his compensation and expenses during the course of the agency with reference to that property. section 221 of the contract act provides that in the absence of a contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, of the .....

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Mar 19 1969 (SC)

Muddada Chavannna Vs. Sri Sri Sri Kodandrama Swami Varu

Court : Supreme Court of India

Decided on : Mar-19-1969

Reported in : 1969(2)LC345(SC)

..... were calculated to defeat the provisions of the madras estates (abolition and conversion into ryotwari) act 26 of 1948, and were on that account void under section 23 of the contract act. the trial court held that the lands in suit were post settlement or darmila inam lands and the appellant was entitled to occupancy rights, provided he succeeded on other ..... entitled to recover the stipulated rent from the appellant, that the appellant had admitted the title of the deities and had been inducted into possession on the basis of a contract of lease, and that he could not challenge their title, that the prior decision of the high court that the lands were pre-settlement inam lands debarred the appellant from .....

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Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

Decided on : Apr-01-1969

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

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Sep 11 1969 (SC)

The State of Uttar Pradesh Vs. Rajkumar Rukmini Raman Brahma

Court : Supreme Court of India

Decided on : Sep-11-1969

Reported in : AIR1969SC1687; (1969)2SCC818; [1970]2SCR355

..... gift made in favour of a wakf. trust, endowment or society established wholly for charitable purposes, unless the state government in any particular case directs otherwise.section 24(b)-any contract or agreement made between an intermediary and any person on or after the first day of july, 1948, which has the effect, directly or indirectly,-(a) . . . . . .(b) of entitling an ..... intermediary to receive on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this act shall be made and is hereby declared null and void.section 73 :there shall be paid by the state government to every .....

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Jan 09 1969 (SC)

Maganbhai Ishwarbhai Patel Etc. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jan-09-1969

Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254

..... their form and quality are the function of the executive alone. once they are created, while they bind the state as against the other contracting parties, parliament may refuse to perform them and so leave the state in default.these observations are valid in the context of our constitutional ..... , in which case its provisions become self-executory. otherwise, if treaties contain provisions with regard to rights and duties of the subjects of the contracting states, their courts, officials, and the like, these states must take steps as are necessary according to their municipal law, to make these ..... unless expressly made so by the legislature.and at p. 924 it is stated :the binding force of a treaty concerns in principle the contracting states only, and not their subjects. as international law is primarily a law between states only and exclusively, treaties can normally have effect upon ..... unless parliament assents to it and parliament then accords its approval to the first executive act. the treaties created by executive action bind the contracting parties and, therefore, means must be found for their implementation within the law. this is illustrated by a few examples. the executive authority ..... to the king to cede territory.26. the english practice, has like all other british institutions, grown with time. blackstone has the following remark :whatever contracts he (the sovereign) engages in, no other power in the kingdom can legally delay, resist or annul. kent in his commentaries (vol. i p .....

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Feb 04 1969 (SC)

State of Rajasthan Vs. Man Industrial Corporation Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1969

Reported in : AIR1969SC1245; (1969)1SCC567; [1969]3SCR505; [1962]24STC349(SC); 1969()WLN5

..... skill and labour by the experienced engineers and mechanics of the assessees. this court agreed with the high court and held that the contract was a works contract and not a contract for sale.15. our attention was invited to a judgment of the court of appeal in love v. norman wright (builders) ltd ..... respondent passed. counsel urged that the terms of the tender were not decisive and the court was entitled to ascertain the true effect of the contract as disclosed by the nature of the work, and the 'invoice' for payment made out by the respondent. counsel submitted that it is usual ..... of rajasthan contends that the respondent carried on the business of fabricating and selling window and door leaves and sashes etc, and entered into a contract for 'sale of windows', and to promote sale of its manufactured goods, undertook to fix the windows without demanding any charge for that service, ..... respects with the specifications, designs, drawing, and instructions in writing referred to in rule 1 hereof and in class ii of the conditions of contract and with such materials as are provided for by and in all other respects in accordance with such conditions so far as applicable.this recital was ..... and had made no separate charge for that service. the deputy commissioner excise & taxation in appeal held that from the acceptance of the tender, two contracts resulted . one for providing doors and windows and another for 'fixing' those doors and windows in a specified building, and that the price of the .....

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Feb 05 1969 (SC)

National and Grindlays Bank Ltd. Vs. the Municipal Corporation of Grea ...

Court : Supreme Court of India

Decided on : Feb-05-1969

Reported in : AIR1969SC1048; 1970MhLJ382(SC); (1969)1SCC541; [1969]3SCR565

1. the question of law involved in this appeal is whether the primary liability is imposed on the appellant under the bombay municipal corporation act, 1888 (act no. 3 of 1888) to pay property taxes to the respondent i.e., the municipal corporation of greater bombay in respect of land owned by the appellant and let on a monthly basis to a third party who has constructed a building thereon.2. the appellant is a banking company incorporated in the united kingdom and has established places of business in india. the appellant is the sole trustee of the estate of the late mr. f. e. dinshaw and in that capacity is the owner of a plot of land at manchubhai road. malad. greater bombay in the state of maharashtra bearing no. p-ward no. 6418, street no. 299b. the said plot of land had been leased by the former trustee of the estate to one mr. r. r. pande (hereinafter referred to as the lessee) since a number of years at a monthly rent of rs. 12.50. the lessee had constructed at his own cost a tiled house on the said plot of land. the malad area merged into greater bombay on 1st february, 1957. upto the date of the merger the malad district municipality was assessing and levying taxes on the land and the structure separately and recovering the same from the landlord and the tenant. after the merger, the bombay municipal corporation issued a notice to the appellant under section 167 of the act informing him that the assessment book had been amended by inserting the name of the appellant .....

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