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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: supreme court of india Year: 2004 Page 1 of about 118 results (0.094 seconds)

Aug 11 2004 (SC)

Pawan Kumar JaIn Vs. the Pradeshiya Industrial and Investment Corporat ...

Court : Supreme Court of India

Decided on : Aug-11-2004

Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366

..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....

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Nov 23 2004 (SC)

Virendra Kumar Srivastava Vs. U.P. Rajya Karmachari Kalyan Nigam and a ...

Court : Supreme Court of India

Decided on : Nov-23-2004

Reported in : AIR2005SC411; 2005(1)AWC228(SC); 2005(2)ESC161; (2005)ILLJ544SC; 2004(9)SCALE623; (2005)1SCC149; 2005(2)SLJ80(SC); (2005)1UPLBEC503

..... or any person for the purpose of carrying out the objects of the corporation or furthering its interests and to obtain from such government of authority or person subsiding, loans, indemnities, grants, contract licences rights, concessions, privileges or immunities which the corporation may think it derisiable to obtain and exercise and comply with any such arrangements, rights privileges and concessions.x) to .....

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May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

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May 07 2004 (SC)

Gajraj JaIn Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2004(5)ALLMR(SC)726; 2004(4)AWC2907(SC); III(2004)BC514; 2004(3)BLJR1780; [2004]121CompCas112(SC); [2004(4)JCR47(SC)]; 2004(5)SCALE693; (2004)7SCC151; [2004]52SCL746(SC)

..... but the third party on whom such right or benefit is conferred by the contract cannot sue under it. lastly, as stated above, a charge cannot be enforced against a bonafide purchaser for value (see: law of mortgage by ghose page 127). in the case ..... a mere undertaking to discharge an obligation or liability of the debtor may at the highest amount to indemnity, however, it is not enough to charge the property/fund with the debt. further, according to mulla and pullock on contract act (xii edition page 106), contracting parties may confer rights or benefits upon a third party in the form of promise to pay ..... have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to .....

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Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... by virtue of clause 6, the suit agreement ex.p1, forthwith stood cancelled, if that clause was meant for the benefit of both the parties to the contract. if the contract thus stood cancelled the suit for specific performance had necessarily to be dismissed.that suit for sanction, cs no.471 of 1977, was in fact prosecuted by the ..... elaborated hereinafter. 49. learned senior counsel shri soli j. sorabjee appearing for the subsequent vendee rested his argument on his main submission that the sale agreement was a contingent contract - the contingency named being sanction of the court which did not materialize. upon failure of that contingency, the agreement stood cancelled forthwith under clause (6) of the agreement ..... such interest being lawfully conveyed and accepted liability for payment of liquidated damages if it failed to obtain the sale deed after the sanction was obtained. plaintiff not having contracted with the reversioners to buy their interest, could not have secured the 'entire interest' in the property without an order of this court directing conveyance of the reversionary ..... of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. section 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the .....

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Jan 05 2004 (SC)

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....

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Nov 25 2004 (SC)

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

shivaraj v. patil, j.1. in this appeal, the order dated 21.10.1998 made by the division bench of the high court in writ appeal no. 429 of 1998 is under challenge. parties are before this court for the third time in relation to the same subject matter.2. one fauzdar khan donated 5 bighas of land situated at hyderabad to one gunnaji, the ancestor of the respondent no. 1 for the purpose of construction of a temple, now known as sri jangli vittobha temple. gunnaji died and after his death, his sister suguna bai completed the construction of the temple. in 1939, one golakishan gir claiming himself to be the mutawalli of the temple, mismanaged its affairs. the government having come to know about the same, constituted a committee under rule 156 of andhra pradesh (telangana areas) wakf rules. manik rao, father of the respondent no. 1, applied to the registration officer in 1962 for transfer of towliatship of temple in his name. the registration officer (the assistant secretary of board of revenue) after holding inquiry by the order dated 15.1.1964 held that said manik rao was the rightful claimant to the towliatship and consequently ordered for amendment of column no. 11 of munthakab under section 36(c) of hyderabad endowment rules. aggrieved by this order, the temple committee filed an appeal to the director of endowments, who, by his order dated 29.10.1966, confirmed the aforementioned order dated 15.1.1964. the temple committee pursued the matter further by filing a revision .....

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Jan 05 2004 (SC)

Chairman and M.D., N.T.P.C. Ltd. Vs. Reshmi Constructions, Builders an ...

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : AIR2004SC1330; 2004(2)ALD1(SC); 2004(1)ARBLR156(SC); (2004)2CALLT1(SC); 2004(1)CTC445; JT2004(1)SC1; 2004(1)KLT1065(SC); 2004(1)SCALE70; (2004)2SCC663

..... [p.k. ramaiah and company (supra) and nathani steels (supra)] would show that the decisions therein were rendered having regard to the finding of fact that the contract agreement containing the arbitrator clause was substituted by another agreement. such a question has to be considered and determined in each individual case having regard to the fact situation obtaining ..... estoppels by the acceptance of benefits: estoppels is frequently based upon the acceptance and retention, by one having knowledge or notice of the facts, of benefits from a transaction, contract, instrument, regulation which he might have rejected or contested. this doctrine is obviously a branch of the rule against assuming inconsistent positions.as a general principle, one who ..... workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawing, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works; or the execution or failure to execute the same whether arising during the progress ..... the alleged final bill under coercions, under undue influence and under protest only without prejudice to our rights and claims whatsoever. there is no accord and satisfaction between the contracting parties.you are therefore requested to kindly pass the final bill incorporating all the measurements of the items such as sinkage, in and under water execution of works, .....

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Jan 05 2004 (SC)

Food Corporation of India and ors. Vs. Babulal Agrawal

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : 2004(2)ALD66(SC); 2004(5)ALLMR(SC)574; 2004(2)AWC1571(SC); JT2004(1)SC220; (2004)2MLJ57(SC); (2004)137PLR72; 2004(1)SCALE158; (2004)2SCC712

..... is , instituted occurs or (where the breach is continuing) when it ceases.'in the case in hand, as indicated above, the notice terminating the contract is dated 26.9.1988 saying that 'we are going to vacate your above plinths by october 10,1988'. the plaintiff replied to the notice saying ..... specifications of the defendant. for raising the construction the plaintiff had raised loans from the bank. everything happened in accordance with the terms of the contract except that the period of tenancy was interdicted before three years of taking over of the possession by the defendant. it may be observed that ..... the defendant could not back out from the promise held out and cannot escape when the liability for damages for breach of the terms of the contract.7. we may, however, point out that the learned counsel for the defendant-appellant has laid much emphasis mainly on three points. the first ..... conclusion that once the plaintiff had performed his part of the contract and altered his position, namely, having constructed the plinth according to specification of defendant, on a condition given out by the defendant that on completion ..... trial court has recorded findings in affirmative but in respect of issue no. 3 it has been further held that there was a breach of contract on the part of the defendant. the trial court has made a detailed discussion while recording the findings as indicated above and came to a .....

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Jan 08 2004 (SC)

Reema Aggarwal Vs. Anupam and ors.

Court : Supreme Court of India

Decided on : Jan-08-2004

Reported in : AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199

..... , known and recognized as purposive construction has to come into play in a case of this nature. the absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabitate with such woman, in the purported exercise of his role and status as 'husband' is no ground to exclude them from the purview of section 304b ..... to a woman whose marriage is void and not a valid marriage in the eye of law.9. the marriages contracted between hindus are now statutorily made monogamous. a sanctity has been attributed to the first marriage as being that which was contracted from a sense of duty and not merely for personal gratification. when the fact of celebration of marriage is .....

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