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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: allahabad Page 1 of about 2,348 results (0.030 seconds)

Aug 13 2008 (HC)

The New India Assurance Company Limited Through Its Divisional Manger ...

Court : Allahabad

Reported in : 2009(1)AWC364

..... that it is expected that the driver should be made party before the tribunal. in such judgement the supreme court has held as follows:9. ...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 insured, when it meets .....

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Aug 19 2002 (HC)

United India Insurance Co. Ltd. Vs. Smt. Chandra Kali and anr.

Court : Allahabad

Reported in : 2004ACJ614; 2002(4)AWC3243; [2002(95)FLR50]; (2003)ILLJ124All

..... is under workmen's compensation act or under the provisions of the motor vehicles act. however, it cannot be ignored that a contract of insurance is a contract of indemnity, against liabilities arising from the risk covered by the insurance policy, while the liability for penalty arises from violation of the provisions ..... parties flows from the statute and is not contractual, yet so far as the insurer and the insured are concerned, the insurance is a personal contract of indemnity. the liability of the insurer is co-extensive with the liability incurred by the owner of the vehicle, the insured. if the insurer and ..... it has been held by the delhi high court that, 'the liability of the insurance company can be limited either by the statute or by the contract of the insurance.'59. considering the scheme and scope of the relevant provisions of two enactments, i.e., motor vehicles act and workmen compensation act, ..... the company about the incident, at all by owner of the truck, the owner has committed a breach of legal provisions as well as insurance contract. this is also question of fact and not the question of law.30. the next question raised by the appellant is whether the workmen compensation ..... informing the company about the incident at all by the owner of the truck, the owner has committed breach of legal provisions as well as insurance contract? (3) whether the tribunal is entitled to pass an award against the insurance company?27. according to the proviso of section 30 of the workmen .....

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Jul 24 2002 (HC)

Ram Bahadur Singh and anr. Vs. Tehsildar and ors.

Court : Allahabad

Reported in : 2003(1)ARBLR61(All)

..... 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). ..... first proceed under section 29 of the act. such an order is wholly against the provisions of the state financial corporation act and also the contract act. the impugned order dated 6.1.2001 therefore cannot be sustained and has to be set aside.' 25. this cr.se again shows ..... '128. the liability of the surety is co-extensive with that of the principal-debtor, unless it is otherwise provided by the contract.' in view to the said provision, it is evident that the guarantor cannot insist that the creditor should first proceed against the principal-debtor and, thereafter ..... established that it is open to the creditor to proceed against the guarantors without first proceeding against the principal-debtor. 15. section 128 of the indian contract act clearly lays down that the liability of the guarantor is co-extensive with that of the principal-debtor. the said section 128 is quoted below: ..... -debtor nor the surety discharged the admitted liability of the principal-debtor in spite of demands. under section 128 of the indian contract act, save as provided in the contract, the liability of the surety is co-extensive with that of the principal-debtor. the surety became thus liable to pay the .....

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Jul 23 2002 (HC)

Radhey Shyam Garg and anr. Vs. Uttar Pradesh Financial Corporation and ...

Court : Allahabad

Reported in : I(2003)BC61; (2003)1UPLBEC932

..... (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 referring to in clause (a). (2) ..... financial corporation to first proceed under section 29 of the act. such an order is wholly against the provisions of the state financial corporation act and also the contract act. the impugned order dated6.1.2001 therefore cannot be sustained and has to be set aside.' 30. applying this principle to the present case, it ..... the principal debtor nor the surety discharged the admitted liability of the principal debtor in spite of demands. under section 128 of the indian contract act, save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. the surety became thus liable to pay the entire amount ..... guarantor. it is the right of the decree-holder to proceed with it in a way he likes. section 128 of the indian contract act itself provides that 'the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the ..... contract.' the supreme court further held (paragraph 18 of the said air): '18. it will be noticed that the guarantor alone could have been sued, .....

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Jul 19 2002 (HC)

Kailash Chand JaIn Vs. Uttar Pradesh Financial Corporation and ors.

Court : Allahabad

Reported in : 2003(1)ARBLR110(All); [2004]55SCL54(All)

..... (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) ..... to examine the facts and circumstances of each case.39. there can be no doubt that in view of the provisions of section 138 of the indian contract act, liability of the guarantor is co-extensive with that of the principal borrower. in view of the various decisions discussed above, it is evident that ..... corporation to first proceed under section 29 of the act. such an order is wholly against the provisions of the state financial corporation act and also the contract act. the impugned order dated 6-1-2001 therefore cannot be sustained and has to be set aside.'29. applying this principle to the present case, ..... the principal debtor nor the surety discharged the admitted liability of the principal debtor in spite of demands. under section 128 of the indian contract act. save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. the surety became thus liable to pay the entire amount ..... guarantor. it is the right of the decree-holder to proceed with it in a way he likes. section 128 of the indian contract act itself provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the .....

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Mar 19 2002 (HC)

Khalid Mukhtar Vs. Buckeye Batteries Private Ltd. (In Liquidation) and ...

Court : Allahabad

Reported in : [2003]114CompCas70(All)

..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be ..... 10, this principle has been illustrated. in para. 10-25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety before ..... this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not ..... liable any more than the debtor. sri manish goyal has also relied upon chitty on contracts, 27th edition, .....

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Mar 19 2002 (HC)

Buckeye Batteries (P.) Ltd. (In Liq.) on Behalf of Sri Khalid Mukhtar ...

Court : Allahabad

Reported in : 2002(2)AWC1458; (2002)2UPLBEC1379

..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor, is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be liable ..... 10, this principle has been illustrated. in para 10.25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety ..... before this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not yet ..... any more than the debtor. sri manish goyal has also relied upon, 'chitty of contracts' 27th edition .....

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Jan 19 1998 (HC)

Lal and Kumar and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1998All156

..... has taken, he will return the amount at his pleasure or when he receives his other payments against the contracts of his construction business with other government agencies. for the bank, the petitioner is a risky customer. there is no contract of guarantee nor indemnity between the bank and the petitioner's other business associates.6. this court has often expressed in its ..... overshooting a cash credit limit and running an overdraft and then rushing in a writ petition in the high court's prerogative writ jurisdiction is itself inequity which offends the contract between the petitioner and the bank and violates the sanctity of credit worthiness of the petitioner with the bank. being permitted to take an overdraft is anact of faith on ..... payments from these government departments are outstanding. what the petitioner was telling the bank was that as soon as he receives the payment from the other government departments against the contracts which had been assigned to him, he would discharge the overdraft against his account. finding that the petitioner was avoiding the discharging of overdrafts, the outstandings were swelling with interest .....

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Dec 17 1991 (HC)

industrial Finance Corporation of India, Kanpur and Another Vs. P.V.K. ...

Court : Allahabad

Reported in : AIR1992All239

..... procedure prescribed by the legislature, to recover public monies will be rendered redundant if proceedings against the guarantors, sureties and those bound by a contract of indemnity were saved after watching the result of an action brought under s. 30 of the act. the very purpose of s. 30, in ..... of an agreement by which the loan was disbursed, continue to be governed by the indian contract act, 1872. if, on a loan agreement there be those who enter into a 'contract of indemnity' or a 'contract of guarantee', sureties not excluded, chapter v11i of this act determines the essential and proper ..... individual capacity of messrs p. k. tiwari and v. k. tiwari for the due repayment of the loan, and other matters mentioned in the contract agreement. this clause refers to those who stood to give faith for the disbursement of the loans, as guarantors. this clause reads:'3. 3 ..... company or their directors or the guarantors or sureties on whose confidence the loan was given. there are guarantors who bound themselves by a contract to facilitate the disbursement of the loans. none have come forward to honour their guarantee.5. this petition is also a halfhearted exercise to ..... parties to the contract, independent of the provisions of the industrial finance corporation of india act, 1948. not to include all the parties to the contract in an actionable .....

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Apr 18 1979 (HC)

Desraj and ors. Vs. Ram NaraIn and ors.

Court : Allahabad

Reported in : AIR1979All328

..... where an insurance company enters into a contract for such indemnity it will not undertake to indemnify the insured to an extent below that prescribed in the section. prior to the enactment of section 96 ..... they had to proceed and enforce their claim against the insured and the insured could in his turn proceed to enforce the aforesaid contract of indemnity against the insurance company. however the legislature intervened and enacted section 96 of the motor vehicles act by which it enabled the third parses ..... to enforce such contract of indemnity directly as against the insurance company provided notice of the proceedings had been given to the insurance company through court. sub-section (2 ..... of insurance policy it can safely direct payment of such an amount, by the insurance company. if, however, any person claims that under the contract of insurance, the insurance company had undertaken to indemnify the insured, for a larger sum he has to get the policy made available for perusal ..... of an insurance company with regard to the claims arising out of an accident involving a motor vehicle is that of a person who has contracted to indemnify the insured, to the extent mentioned in the policy, as against claim made by third parties. of course section 95 contemplates that .....

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