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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 2007 Page 1 of about 48 results (0.133 seconds)

Mar 20 2007 (FN)

Travelers Casualty and Surety Co. of America Vs. Pacific Gas and Elec. ...

Court : US Supreme Court

Decided on : Mar-20-2007

..... claim, and with the knowledge and approval of the bankruptcy court, pg&e; agreed to insert language into its reorganization plan and disclosure statement to protect travelers right to indemnity and subrogation in the event of a default by pg&e.; travelers claims, however, that pg&e; then unilaterally altered the negotiated language in a way that substantially diminished ..... the debtor sought attorney s fees after the creditor unsuccessfully requested relief from the automatic stay under 11 u. s. c. 362(d)(1). the debtor acknowledged that the contract between the parties entitled only the creditor to attorney s fees, but the debtor claimed that a california statute extended that entitlement to both parties. the court rejected that ..... property. security mortgage co. v. powers , 278 u. s. 149 , 154 (1928). similarly, under the terms of the current bankruptcy code, it remains true that an otherwise enforceable contract allocating attorney s fees ( i.e. , one that is enforceable under substantive, nonbankruptcy law) is allowable in bankruptcy except where the bankruptcy code provides otherwise. see 4 collier on bankruptcy ..... alito delivered the opinion of the court. we are asked to consider whether federal bankruptcy law precludes an unsecured creditor from recovering attorney s fees authorized by a prepetition contract and incurred in postpetition litigation. the court of appeals for the ninth circuit held, based on a rule previously adopted by that court, that such fees are categorically .....

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Mar 02 2007 (SC)

National Insurance Co. Ltd. Vs. Laxmi NaraIn Dhut

Court : Supreme Court of India

Decided on : Mar-02-2007

Reported in : II(2007)ACC28; 2007ACJ721; AIR2007SC1414; 2007(3)ALD112(SC); 2007(3)ALLMR(SC)834; 2007(2)BLJR1387; [2007]136CompCas678(SC); (2007)3GLR2565; [2008(1)JCR56(SC)]; 2007(4)MhLj3; 2007AIRSCW2279; 2007(3)SCC700; (2007)2SCC(Cri)142; 2007ACJII721; JT2007(4)SC69; 2007(3)KCCR1761; 2007(3)AIRKarR389

..... i am now deciding. the result of that is that i must come to the conclusion - however unfortunate - that in fact the benefit of the indemnity vested in the trustee, notwithstanding that the claim of caddy was not provable in the first bankruptcy.8. the third party rights against insurer's act, ..... the liability to whom is the event upon which the right of a bankrupt or of an insolvent company to payment of the sum covered by the contract arises, to be content with such share of the assets of the bankrupt or the company in liquidation as a pari passu distribution between creditors will ..... is a sum which the debtors, the company, have secured should be paid to them in certain events, but which has been secured by their own contract made with the insurance company, and not by any intervention of the creditor, mr. chaplin, although it was in consequence of an accident which he ..... proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover the amount paid under the contract of insurance on behalf of the insured can be taken recourse to by the tribunal and be extended to claims and defences of the insurer against the ..... 69 and 70 the principles were culled out in the following terms:the insurance company is required to prove the breach of the condition of the contract of insurance by cogent evidence. in the event the insurance company fails to prove that there has been breach of conditions of the policy on the .....

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Mar 15 2007 (SC)

Siddhivinayak Realities Pvt. Ltd. Vs. Tulip Hospitality Services Ltd. ...

Court : Supreme Court of India

Decided on : Mar-15-2007

Reported in : AIR2007SC1457; 2007(1)ARBLR503(SC); 2007(6)BomCR771; (2008)1CompLJ244(SC); JT2007(8)SC266; (2007)4MLJ772(SC); 2007(4)SCALE494; 2007(1)LC441(SC)

..... agreed to between the parties and the joint escrow agents were entrusted with certain specific functions under the agreement. the agreement between the parties and in particular the undertaking-cum-indemnity bond in favour of the joint escrow agents executed by the parties on 31st march, 2005 indicate that the decision as to whether any default had been committed by either ..... the question entrusted to the escrow agents jointly.32. an escrow arrangement is normally arrived at in order to safeguard the interest of the parties for the purpose of a contract and the escrow agents are normally persons who are trusted by the parties to act fairly and without bias notwithstanding their relationship with the respective parties. mr. singhvi does ..... respondents also indicated that they were unwilling to give consent to mr. bhatt's reinstatement as escrow agent along with mr. suresh talwar. the respondents also insisted that as the contract had been frustrated and/or rendered impossible to implement due to change in circumstances, the issues could not be resolved by the escrow agents. the respondents once again requested the ..... property. it was further stated that the action taken by nirmal lifestyle made it impossible for the respondent no.1 to proceed with its obligations under mapa and that the contract stood frustrated in view of such injunction. the respondents stated that they stood discharged from fulfilling their obligations under mapa and that the amounts received by the respondents from .....

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Apr 02 2007 (SC)

The Oriental Insurance Company Limited Vs. Meena Variyal and ors.

Court : Supreme Court of India

Decided on : Apr-02-2007

Reported in : 2007ACJ1284; AIR2007SC1609; 2007(3)ALD99(SC); 2007(3)AWC2116(SC); [2007]137CompCas116(SC); (2007)3GLR2356(SC); JT2007(5)SC65; (2007)2MLJ1330(SC); 2007(3)MPHT1(SC); 2007(5)S

..... with a claim for compensation under the act should ignore all basic principles of law in determining the claim for compensation. ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the act -- without any special contract -- since there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold that ..... which are involved are very finely drawn.19. in new india assurance co. ltd. v. rula and ors. : [2000]2scr148 , this court postulated that the contract of insurance in respect of motor vehicles has to be construed in the light of sections 146(1), 147(5) and 149(1) of the motor-vehicles act, ..... of the finding that the deceased was himself driving the vehicle belonging to his employer, the insurance company had no liability. there was no special contract and since it was only a policy in terms of the motor vehicles act, the insurance company cannot be asked to pay the amount awarded which ..... provided with a car by the employer. the vehicle was insured with the appellant company in terms of the motor vehicles act, 1988. there was no special contract. on 14.6.1999, the vehicle met with an accident. suresh chandra variyal, died. the widow and daughter of suresh chandra variyal, filed a claim .....

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Feb 20 2007 (FN)

Lawrence Vs. Florida

Court : US Supreme Court

Decided on : Feb-20-2007

lawrence v. florida - 05-8820 (2007) syllabus october term, 2006 lawrence v. florida supreme court of the united states lawrence v . florida certiorari to the united states court of appeals for the eleventh circuit no. 05 8820.?argued october 31, 2006 decided february 20, 2007 the 1-year statute of limitations for seeking federal habeas relief from a state-court judgment is tolled while an application for state post-conviction or other collateral review is pending. 28 u. s. c. 2244(d)(2). petitioner lawrence filed a state postconviction relief application 364 days after his conviction became final. the trial court denied relief, the state supreme court affirmed, and this court denied certiorari. while the certiorari petition was pending, lawrence filed the present federal habeas application. then-applicable eleventh circuit precedent foreclosed any argument that the limitations period was tolled by the pendency of the certiorari petition. thus, the district court dismissed lawrence s application as untimely because he waited 113 days after the state supreme court s mandate well beyond the one day that remained in the limitations period to file the application. the eleventh circuit affirmed. held: 1. section 2244(d)(2) does not toll the 1-year limitations period during the pendency of a certiorari petition in this court. pp. 3 8. (a) read naturally, the statute s text means that the statute of limitations is tolled only while state courts review the application. a state .....

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Mar 27 2007 (FN)

Limtiaco Vs. Camacho

Court : US Supreme Court

Decided on : Mar-27-2007

..... 48 u. s. c. 1423a (prohibiting debt in excess of 10 per centum of the aggregate tax valuation of the property in guam ). he therefore refused to approve the bond contracts. in response, the governor sought a declaration from the guam supreme court that issuance of the authorized bonds would not cause guam s debt to exceed the debt limitation. that ..... pub. l. 27 019. the governor signed the new legislation and prepared to issue the bonds. however, under guam law, guam s attorney general must review and approve all government contracts prior to their execution. guam code ann., tit. 5, 22601 (1996). the attorney general concluded that issuance of the bonds would raise the territory s debt above the level authorized ..... debt-limitation provision of the organic act of guam, 11, 64 stat. 387, as amended, 48 u. s. c. 1423a, the attorney general[ footnote 1 ] of guam refused to sign contracts necessary to issue the bonds. in response, the governor sought a declaration from the guam supreme court that issuance of the bonds would not violate the organic act s debt ..... decided march 27, 2007 the guam legislature authorized the governor to issue bonds to fund the territory s continuing obligations, but guam s attorney general refused to sign the necessary contracts, concluding that issuance would violate the debt-limitation provision of guam s organic act, which limits the territory s public indebtedness to 10% of the aggregate tax valuation of the .....

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Apr 17 2007 (FN)

Zuni Public School Dist. No. 89 Vs. Department of Education

Court : US Supreme Court

Decided on : Apr-17-2007

..... souter joins as to part i, dissenting. in church of the holy trinity v. united states , 143 u. s. 457 (1892), this court conceded that a church s act of contracting with a prospective rector fell within the plain meaning of a federal labor statute, but nevertheless did not apply the statute to the church: it is a familiar rule, the .....

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Apr 17 2007 (FN)

Watters Vs. Wachovia Bank, N. A.

Court : US Supreme Court

Decided on : Apr-17-2007

..... 458 u. s. 141 , 154 159 (1982) (holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were unenforceable); city of new york v. fcc , 486 u. s. 57 , 59, 65 70 ( ..... . 275 , 290 (1896) ( nothing, of course, in this opinion is intended to deny the operation of general and undiscriminating state laws on the contracts of national banks, so long as such laws do not conflict with the letter or the general objects and purposes of congressional legislation ) footnote 6 see ..... 357 (1896) (explaining that our cases establish a rule and an exception, the rule being the operation of general state laws upon the dealings and contracts of national banks, the exception being the cessation of the operation of such laws whenever they expressly conflict with the laws of the united states or ..... their daily course of business far more by the laws of the state than of the nation ). the court itself acknowledges that state usury, contract, and property law govern the activities of national banks and their subsidiaries, ante , at 6, notwithstanding that they vary across all states in which ..... s., at 223. for example, state usury laws govern the maximum rate of interest national banks can charge on loans, 12 u. s. c. 85, contracts made by national banks are governed and construed by state laws, national bank v. commonwealth , 9 wall. 353, 362 (1870), and national banks acquisition and .....

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Apr 18 2007 (FN)

Gonzales Vs. Carhart

Court : US Supreme Court

Decided on : Apr-18-2007

..... fetus a day or two before performing the surgical evacuation. they inject digoxin or potassium chloride into the fetus, the umbilical cord, or the amniotic fluid. fetal demise may cause contractions and make greater dilation possible. once dead, moreover, the fetus body will soften, and its removal will be easier. other doctors refrain from injecting chemical agents, believing it adds risk ..... ; and intact d&e; are not the only second-trimester abortion methods. doctors also may abort a fetus through medical induction. the doctor medicates the woman to induce labor, and contractions occur to deliver the fetus. induction, which unlike d&e; should occur in a hospital, can last as little as 6 hours but can take longer than 48. it accounts .....

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Apr 18 2007 (FN)

James Vs. United States

Court : US Supreme Court

Decided on : Apr-18-2007

james v. united states - 05-9264 (2007) syllabus october term, 2006 james v. united states supreme court of the united states james v . united states certiorari to the united states court of appeals for the eleventh circuit no. 05 9264.?argued november 7, 2006 decided april 18, 2007 pleading guilty to possessing a firearm after a felony conviction in violation of 18 u. s. c. 922(g)(1), petitioner james admitted to the three prior felony convictions listed in his federal indictment, including a florida state-law conviction for attempted burglary. the government argued at sentencing that those convictions subjected james to the 15-year mandatory minimum prison term provided by the armed career criminal act (acca), 924(e), for an armed defendant who has three prior violent felony convictions. james objected that his attempted burglary conviction was not for a violent felony. the district court held that it was, and the eleventh circuit affirmed. held: attempted burglary, as defined by florida law, is a violent felony under acca. pp. 2 20. (a) james argument that acca s text and structure categorically exclude attempt offenses is rejected. pp. 2 7. (i) section 924(e)(2)(b) defines violent felony as any crime punishable by imprisonment for [more than] one year that (i) has as an element the use, attempted use, or threatened use of physical force against another or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a .....

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