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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 2004 Page 1 of about 53 results (0.074 seconds)

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 also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance.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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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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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 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 13 2004 (FN)

Sec Vs. Edwards

Court : US Supreme Court

Decided on : Jan-13-2004

..... & j. seligman, securities regulation 36, 31 43 (3d ed. 1998) (quoting mulvey, blue sky law, 36 can. l. times 37 (1916)).) the state courts had defined an investment contract as a contract or scheme for the placing of capital or laying out of money in a way intended to secure income or profit from its employment, and had uniformly applied that ..... the sec advised the respondent that its sale and lease-back arrangements, in which investors received a set 2% of their investment per month for 10 years, were investment contracts and therefore securities under the 1933 act). the eleventh circuit s perfunctory alternative holding, that respondent s scheme falls outside the definition because purchasers had a contractual entitlement to ..... order regarding settlement, stating that sale of promissory notes secured by deeds of trust, coupled with management services and providing investors a specified percentage return on their investment, were investment contracts), and in enforcement actions, e.g. , sec v. universal service assn., 106 f. 2d 232, 234, 237 (ca7 1939) (accepting sec s position that an investment scheme ..... the securities laws a limitation not compelled by the language that would so undermine the laws purposes. respondent protests that including investment schemes promising a fixed return among investment contracts conflicts with our precedent. we disagree. no distinction between fixed and variable returns was drawn in the blue sky law cases that the howey court used, in formulating .....

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Jan 26 2004 (FN)

Lamie Vs. United States Trustee

Court : US Supreme Court

Decided on : Jan-26-2004

lamie v. united states trustee - 02-693 (2004) syllabus october term, 2003 lamie v. united states trustee supreme court of the united states lamie v. united states trustee certiorari to the united states court of appeals for the fourth circuit no. 02 693. argued november 10, 2003 decided january 26, 2004 before 1994, 330(a) of the bankruptcy code authorized a court to award to a trustee, to an examiner, to a professional person employed under section 327 , or to the debtor s attorney (1) reasonable compensation for services rendered by such trustee, examiner, professional person, or attorney . (emphasis added to highlight text later deleted.) in 1994 congress amended the code with a reform act. the act altered 330(a) by deleting or to the debtor s attorney from what was 330(a) and is now 330(a)(1). this change created apparent legislative drafting error in the current section. the section is left with a missing or that infects its grammar. and its inclusion of attorney in what was 330(a)(1) and is now 330(a)(1)(a) defeats the neat parallelism that otherwise marks the relationship between current 330(a)(1) ( trustee, examiner, [or] professional person ) and 330(a)(1)(a) ( trustee, examiner, professional person, or attorney ). in this case, petitioner filed an application with the bankruptcy court seeking attorney s fees under 330(a)(1) for the time he spent working on a behalf of a debtor in a chapter 7 proceeding. the government objected to the application. it argued that .....

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Jan 26 2004 (FN)

Alaska Dept. of Environmental Conservation Vs. Epa

Court : US Supreme Court

Decided on : Jan-26-2004

alaska dept. of environmental conservation v. epa - 02-658 (2004) syllabus october term, 2003 alaska dept. of environmentalconservation v. epa supreme court of the united states alaska department of environmental conservation v. environmental protection agency et al. certiorari to the united states court of appeals for the ninth circuit no. 02 658. argued october 8, 2003 decided january 21, 2004 the clean air act s (caa or act) prevention of significant deterioration (psd) program, 42 u. s. c. 7477, was designed to ensure that the air quality in attainment areas, i.e., areas that are already clean, will not degrade, see 7470(1). the program bars construction of any major air pollutant emitting facility not equipped with the best available control technology (bact). 7475(a)(4). the act defines bact as an emission limitation based on the maximum degree of [pollutant] reduction which the [state] permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for [the] facility. 7479(3). two provisions of the act vest enforcement authority in the environmental protection agency (epa). section 113(a)(5) generally authorizes the epa, when it finds that a state is not complying with a caa requirement governing construction of a pollutant source, to pursue remedial action, including issuance of an order prohibiting construction. 42 u. s. c. 7413(a). directed specifically to the psd program, caa .....

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Mar 30 2004 (FN)

National Archives and Records Administration Vs. Favish

Court : US Supreme Court

Decided on : Mar-30-2004

national archives and records administration v. favish - 02-954 (2004) syllabus october term, 2003 national archives and records admin. v. favish supreme court of the united states national archives and records administration v. favish et al. certiorari to the united states court of appeals for the ninth circuit no. 02 954. argued december 3, 2003 decided march 30, 2004 skeptical about five government investigations conclusions that vincent foster, jr., deputy counsel to president clinton, committed suicide, respondent favish filed a freedom of information act (foia) request for, among other things, 10 death-scene photographs of foster s body. the office of independent counsel (oic) refused the request, invoking foia exemption 7(c), which excuses from disclosure records or information compiled for law enforcement purposes if their production could reasonably be expected to constitute an unwarranted invasion of personal privacy, 5 u. s. c. 552(b)(7)(c). favish sued to compel production. in upholding oic s exemption claim, the district court balanced the foster family s privacy interest against any public interest in disclosure, holding that the former could be infringed by disclosure and that favish had not shown how disclosure would advance his investigation, especially in light of the exhaustive investigation that had already occurred. the ninth circuit reversed, finding that favish need not show knowledge of agency misfeasance to support his request, and remanded the case .....

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