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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: supreme court of india Year: 1983 Page 1 of about 57 results (0.086 seconds)

Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Dec 16 1983 (SC)

Hindustan Aeronautics Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; [1984]2SCR248; [1984]55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744

..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....

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Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Jan 20 1983 (SC)

Sanjit Roy Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-20-1983

Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271

..... not willingly but as a result of force or compulsion and the same would be the position even if forced labour supplied by a person has its origin in a contract of service. the court then considered whether there would be any breach of article 23 when a person provides labour or service to the state or to any other person .....

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Feb 02 1983 (SC)

State of Punjab Vs. Mohinder Singh

Court : Supreme Court of India

Decided on : Feb-02-1983

Reported in : 1983(1)Crimes735(SC); 1983(1)SCALE112a; (1983)2SCC274

order1. the appellant has been convicted under section 302 ipc and sentenced to imprisonment for life. he has also been convicted under section 25 and 27 of the arms act and sentenced to three months rigorous imprisonment. after going through the evidence of the two doctors it is clear that the accused was suffering from schizophrenia which is one form of insanity. the doctor had examined accused a little before as also a little after the occurrence and he was found insane the detailed reasons given by both dr. harbans lai and dr. rim kumar have been corroborated by each other. from the evidence also it is clear that he was talking in a very unusual manner saving things to the effect that he had seen lord shiva in front of him and the like. it cannot be said that the finding of the high court was wrong in view of these circumstances we are not in a position to take a different view particularly when the appellant was suffering from schizophrenia. the appeals are accordingly dismissed.

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Apr 15 1983 (SC)

Hindustan Milkfood Manufacturers Limited Vs. Director of Entry Tax, We ...

Court : Supreme Court of India

Decided on : Apr-15-1983

Reported in : AIR1983SC586; (1983)2CompLJ209(SC); 1983(1)SCALE390; (1983)3SCC1; [1983]2SCR754

1. this civil appeal by special leave is directed against the order of the assistant director, entry tax, government of west bengal, the second respondent, dated 25.9.1979 dismissing the case of the appellant hindustan milkfood manufacturers limited in appeal case no. 3970 h of 1976.77. the appeal was filed under section 27 of taxes on entry of goods into calcutta metropolitan area act, 1972 (hereinafter referred to as the 'act of 1972') against the assessment of entry tax made in form v no. d-983001 at the hussenabad road check post in respect of 8736 kgs. of horlicks powder contained in 18 steel drums on the 'best judgment assessment' basis with reference to the sale price of product within the calcutta metropolitan area. the appellant is a public limited company incorporated under the companies act, 1956 having its registered office at patiala road, nabha. the company is engaged in the manufacture and sale of dairy products including the milk food popularly known as horlicks. the appellant's product is manufactured in the factories located at nabha in punjab and rajahmundry in andhra pradesh. the product is transported in bulk in several steel drums containing 182 kgs. each. the appellant showed the value of the aforesaid 8736 kgs. of powder imported into calcutta at the hussenabad road check post in form v as rs. 1,22,304.00 working out to rs. 14.00 per kg. the appellant's contention was that the value as per stock transfer invoice is rs. 5.891 per kg. and the delivered .....

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Apr 22 1983 (SC)

State of Punjab Vs. Dial Chand Gian Chand and Company

Court : Supreme Court of India

Decided on : Apr-22-1983

Reported in : AIR1983SC743; 1983(1)SCALE420; (1983)2SCC503

..... conclusion. the high court could not have converted writ petition into a suit for recovery of damages and that too without recording a finding that there was any breach of contract. we are satisfied that the high court was in error in granting the relief.11. accordingly, this appeal is allowed and the judgment and order of the high court is ..... a direction for closing down the liquor vend at gulwati cannot be issued, it was not open to the high court to work out for itself and re-write the contract between the parties. the respondent was under an obligation to pay the amount of the bid. the high court gives remission to the respondent on an untenable ground that presumably .....

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Apr 28 1983 (SC)

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

..... under a particular bargain the rights of the parties were extinguished that would be permissible, that will not hit the provisions of section 28 of contract act and as such would not be violative of section 23 of the said act. but if rights are not extinguished but only the remedies ..... thereon unless commenced within twelve months next after the fire. it was held by the judicial committee that having regard to the true construction of the contract, which had carelessly purported to include many conditions inapplicable to reinsurance, the above clause must also be regarded as inapplicable. such a clause is ..... that the act was passed, not only to limit the liability of the carriers, but also to declare the liability of the carriers. therefore, any contract or bargain which seeks to defeat the liability of the carriers as enacted by law, would, in our opinion, defeat the provisions of the act. ..... to avoid the liability contemplated under section 10 of the carriers act, 1865 and that too in a situation where the parties had not by express contract limited their liability as contemplated under section 6 of the carriers act. it appears to us, therfore, that the learned judge of the andhra ..... unless a particular claim was made in a particular manner within a particular time. in this case there was neither any extinguishment of liability or contracting out of liability but only a special period of limitation of notice was provided other than section 10 of the carriers act, 1865.14. section .....

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Apr 28 1983 (SC)

Municipal Corporation of Delhi and ors. Vs. Mohd. Yasin

Court : Supreme Court of India

Decided on : Apr-28-1983

Reported in : AIR1983SC617; (1983)37CTR(SC)133; [1983]142ITR737(SC); 1983(1)SCALE492; (1983)3SCC229; [1983]2SCR999

..... contexts and times. and, it is worthwhile remembering that words and phrases have not only a meaning but also a content, a living content which breathes, and so, expands and contracts. this is particularly so where the words and phrases properly belong to other disciplines. 'tax' and 'fee' are such words. they properly belong to the world of public finance but .....

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