Court : Chennai
Decided on : Jul-23-1969
Reported in : (1970)1MLJ151
..... held that when the vendor sold the car, the insurance policy automatically lapsed. it is clear from the decision that an insurance policy is a contract of personal indemnity and the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. the following passage at ..... no reason to doubt the same.7. it is clear from paragraph 855 at page 373 of chitty on contracts, volume 2 that a contract of insurance will normally be construed at a contract of indemnity. it is clear from paragraph 913 of the same volume 2 at page 403 that the main cover will ..... to the prior owner , t.m. radhakrishna chetty , the terms of the the policy prohibiting the hiring of the vehicle will disentitle him to any indemnity.15. in the result, the decree and judgment of the learned principal subordinate judge in so far as it makes the appellant liable for the claims in ..... vehicle runs without the cover of a policy. this decision does not lay down that in the case of policies issued to a particular person containing indemnity clause in his favour alone and not providing specifically for transfer with the assent of the insurer, the policies will not lapse by transfer of ownership ..... sub-section (5) of section 95 of the motor vehicles act refer to indemnity only of the person or classes of persons specified in the policy and the nature of the policy of guarantee depends upon the terms of the contract read along with the provisions of the act. it has been held in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-23-1969
Reported in : AIR1970SC504; (1969)2SCC343; 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 .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-10-1969
Reported in : AIR1971Bom102
..... to the heading of the policy and the terms thereof, it will be one of the questions to be decided whether it contains a mere contract of indemnity or whether it is a simple contingency insurance under which consequential loss has been specifically insured without further inquiring into the actual amount of loss sustained ..... costs were incurred by him towards the costs of advertisement.12. the first question that arises in this petition is whether the policy contains a contract of indemnity or whether it is a special contingency policy as shown by the heading thereot the operative part of the policy is in the form. 'the ..... directions be given by the court5. on the other hand, mr. nari-man on behalf of the company contended that the policy merely contained a contract of indemnity; that it was not a consequential loss policy which specifically insured profits. he urged that the present policy was issued in favour of the petitioner ..... on behalf of the petitioner contended that the policy taken by the petitioner from the company was a special contingency policy; that it was not a contract of indemnity; that upon the happening of the event specified in the policy, it was obligatory upon the company to pay the sum of rs. 65,000 ..... not later than the end of february 1969. it is the petitioner's case that upon a true construction of the policy, it constitutes a contract between the petitioner and the company inter alia to pay a sum of rs. 65,000/- in the event of the happening or materialisation of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-17-1969
Reported in : AIR1970SC1973; 40CompCas927(SC); (1970)1SCC60; 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 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-03-1969
Reported in : AIR1971MP5; 1970MPLJ1
..... liable to pay damages to a third party. if the insured is liable, then that liability has to be discharged by the insurer under the contract of indemnity, and the insurer cannot be heard to say that becauseof the breach of any terms of the policy of insurance the policy has become unenforceable. ..... was no negligence on the part of the insured, to show that the insured incurred no liability so that the insurer's liability under the contract of indemnity does not arise. the insurer is entitled to raise all such pleas in defence as the insured can take to show that he (the insured ..... matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable ..... an accident. this is and has always been undoubted law. it is stated in 32 halsbury (simonds) 354:-- ' 'in its main features a contract of motor insurance is a contract of indemnity : british cash and parcel conveyors ltd. v. lamson store service co. ltd., 1908-1 kb 1006 at page 1014; weld blundell v. stephens ..... or injury caused to third parties or for damage to their property. 8. regarding the third species of protection, the insurance policy is a contract of indemnity under which the insurer agrees to reimburse the assured to the extent of the amount of damages which the latter may become liable to pay for .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1888)ILR10All531
..... action. there could have been no defence to that action. the payment of the rent was the only thing guaranteed. if it was a contract of indemnity as distinguished from a contract of guarantee, the plaintiff could not be entitled to the cost or expenses of the previous action unless he brought the case within clause ( ..... guaranteed. further, i much doubt whether the framers of the code had before their minds a case like the present. whether this contract of ganga bakhsh is to be called a contract of guarantee, or a contract of indemnity, appears to me, to be immaterial. ganga baksh in any event was a surety, if it was a ..... rent during the time was guaranteed by one shiban lal, who was the father of the plaintiff. shiban lal on his part required a guaxantee or indemnity against any rent which might not be paid by bahal singh and which he might under his proposed guarantee become liable to pay. the defendant's father ..... contract of guarantee, and it is to be distinguished from a contract of indemnity. i fail to see how ganga bakhsh, if he were alive, could be, or how his representative can be, made liable for the ..... 2) of section 125 of the indian contract act. in this case there is no evidence to show that shiban lal acted as a prudent .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1887)ILR9All591
..... plaintiff had purchased the properties for himself or benami for the defendants, and if as benami for the defendants, whether they were liable on the implied contract of indemnity.11. in conclusion we hold that the respondent balli is liable in this suit for the arrears of the annual payments of rs. 25 claimed in ..... for the debt, or on the debtor's promise to pay, of which the bond would probably be evidence. here there is no purely personal contract on the part of balli to make the annual payments: his liability arises out of the fact that he is the person who is in possession ..... .' looking at this section, the first thing which we notice is that, although the small cause courts are given jurisdiction overclaims within the specified amount on contract, claims for rent subject to the limitation contained in the 4th proviso, are also expressly brought within the jurisdiction of the small cause courts. claims for ..... is as follows: 'the following are the suits which shall be cognizable by courts of small causes, namely, claims for money due on bond or other contract, or for rent, or for personal property, or for the value of such property, or for damages, when the debt, d image or demand does not ..... was not one for a small cause court, although they said 'it is true that the allowance is as to its amount fixed by contract, and that ordinarily a claim arising under a contract would be cognizable by a small cause court.'10. in the case of bhawan singh v. ghottar kuar, weekly notes, 1882, p .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-10-1969
Reported in : 26STC100(All)
..... the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes does not pass to the assessee and it cannot be said ..... of body construction including painting etc.' this is not a case where what is supplied by the assessee is a composite unit distinct from the underframes. there is in the contract before us reference to a completed coach only and it is a completed coach which the assessee delivers to the railway. significantly, the underframes remain throughout the property of ..... referred accordingly.19. the cases on the point have been discussed by my brother gulati, j., but i may mention the reasons which have prevailed with me.20. the contract between the assessee and the north eastern railway required the assessee to build railway coaches. the underframes were to be supplied by the railway and on those underframes the assessee ..... therefore, taxable 2. the assessee, m/s. noorullah ghazanffurullah is a firm of contractors which carries on business at allahabad. in the assessment year 1958-59, the assessee executed a contract of building railway coaches for the north eastern railway on the underframes supplied by the railway. the coaches were to be built according to the specifications and drawings annexed to .....Tag this Judgment!
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,  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. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-1969
Reported in : AIR1971SC1495; (1971)73BOMLR320; (1969)3SCC223; 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.  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 .....Tag this Judgment!