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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Page 1 of about 3,863 results (0.072 seconds)

Oct 16 2015 (HC)

Heavy Engineering Corporation Ltd. Vs. Standard Chartered Bank

Court : Kolkata

..... , in essence, exceptionally stringent contracts of indemnity. they are contractual undertakings, normally granted by banks, to pay, or repay, a specified sum in the event of any default in performance by the principal debtor of some ..... give notice of a claim if there is reasonable cause. the bank or other financial institution which grants a performance guarantee will, of course, demand a counter-guarantee or indemnity from the customer at whose request the guarantee is granted. as the customer will be liable to reimburse the bank on their payment under the guarantee, and as he ..... invocation of the guarantees was in terms thereof. the bank had no defence to the claim of the plaintiff and the same should be decreed. he relied on chitty on contracts, 25th edition on passage 4407 regarding performance guarantees as is reproduced below: performance guarantees. a number of cases have involved discussion of the nature of performance guarantees . which are ..... other contract with a third party, the creditor. an unusal feature of several modern cases has been that the bank s liability arises on mere demand by the creditor, notwithstanding .....

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Sep 10 2008 (HC)

Kailash Kumar Kanoria Vs. Shiv Shankar Pasari and ors.

Court : Kolkata

Reported in : (2009)1CALLT90(HC),[2009]147CompCas231(Cal)

..... first defendant promised to pay the plaintiff 'any amount which the ubi may call upon' the plaintiff to pay 'without any reference or recourse.'25. the contract of indemnity, in such circumstances, obliged the first defendant to take over the plaintiff's liability to ubi and, probably, apply to have himself impleaded in the ..... from the moment that the time to pay passed. in the second place, it is open to the vendor to bring a suit on the contract of indemnity if upon failure to discharge the encumbrance the vendor suffered a loss. the supreme court considered the matter to be covered by the second scenario and ..... then contended by mr. b.c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937 when the final mortgage decree was passed and not on february 25, 1943 when ..... the actual amount of his loss.' this is the solitary sentence from the judgment that the first defendant places.19. the supreme court considered a contract of indemnity in the light of a point of limitation in the shanti swarup case. paragraph 5 of the report needs to be noticed:(5) it was ..... v. naraini) and 37 mad. 270 (nallappa reddi v. vridhachala reddi), the equitable principle laid down by the english courts has been accepted and applied to contracts of indemnity in this country. in this connection i would also refer to the case in 56 cal. 262 (osman jamal and sons ltd. v. gopal purshottam). i .....

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Jul 30 2007 (HC)

Coal India Ltd. Vs. Bharat Explosives Ltd. and ors.

Court : Kolkata

Reported in : 2007(4)CHN738

..... the case of mula sahakari sakhar (supra) the court construed the 'document itself and came to the conclusion that the document in question constitutes a contract of indemnity and not an absolute or unconditional bank guarantee and on such finding the appeal was allowed.23. in the case of larsen & toubro ltd. ..... submitted that the appellant/petitioner, the cil fraudulently concealed the fact that the cil intended to change the terms and conditions of the said contract for the year 2006-07 and falsely induced the respondent to agree with the supply for the extended period commencing from 1st march,19. mr ..... caused charges and charges/expenses caused to or suffered by or that that may be caused. therefore, it can be stated to be a contract of indemnifying the claim of the appellant.mr. chatterjee further vehemently submitted that the action on the part of the appellant/petitioner is nothing ..... suffered by purchaser by reason of breach or breaches by the said suppliers or any of the terms and conditions contained in the said contract and unconditionally to pay the amount claimed by the purchaser on demand without demur to the extent aforesaid.he further submitted that it has ..... for such supply, respondent no. 1 and its subsidiaries issued notices inviting tender from its approved suppliers. the respondent/plaintiff was awarded a running contract for the period from march, 2004 to 25th february, 2005 by the appellant/petitioner for supply of bulk explosives to the subsidiaries of the respondent .....

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Apr 05 2006 (HC)

Jaytee Exports Vs. Natvar Parekh Industries Limited and ors.

Court : Kolkata

Reported in : (2006)3CALLT346(HC)

..... may undertake a separate liability on a collateral or separate contract. a contract of indemnity is of course a specialized form of such a contract. consideration could if necessary be found by the entry into the main contract with the principal. examples of such contract are found in the case of breach of warranty of ..... supply corporation ltd. v. korea foreign transportation corporation and anr. reported in : air2002cal211 is not applicable as that case factually is based on a contract for carriage of goods entered into by the agent of the principal, and both the principal and agent sued. at the time of the trial ..... effective adjudication of the suit without claiming any relief. similarly, the agent can not enforce on behalf of the principal in relation to the contract entered into on behalf of the principal, who can enforce while doing it can join the agent as party plaintiff in the suit without ..... is guilty of breach of contractual obligation, tort and negligence. in particular, it has been pleaded in paragraph 15(b) that there was a contract or agreement between the plaintiff and defendant no. 1 as will be evidenced, inter alia, from the facts stated hereinbefore and/or from the conduct ..... a whole. it would appear therefrom that the plaintiff has several causes of action in the suit which includes inter alia, misrepresentation, breach of contract of carriage, breach of duty of care owed to the plaintiff, conversion of the goods and negligence. the plaintiff has also pleaded that the .....

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Apr 04 2003 (HC)

Rahee Industries Ltd. Vs. the Hong Kong and Shanghai Banking Corporati ...

Court : Kolkata

Reported in : (2004)1CALLT280(HC)

..... cannot be said to be in respect of the loss under the policy and the contract between the plaintiff and defendant no. 2 ecgc is a contract of insurance which is essentially a contract of indemnity but not full indemnity. it is further contended by mr. mitra that in the event the insurer does ..... s bench division bench 330 in support of his contention that the insurer cannot retain the amount in excess of what it has paid by way of indemnity.30. mr. supriya bose the learned advocate for defendant no. 1 hong kong & shanghai banking corporation ltd. has contended, on the other hand, ..... assignment in the instant case and without being subrogated the insurer cannot claim to retain the amount in excess of what it has paid by way of indemnity. reliance has been placed by mr. mitra on the ratio of the decision in the case of yorkshire insurance co. ltd. v. nisbet shipping ..... of the original plaintiff ultimately vested in the present plaintiff.16. the admitted facts emerging from the materials on record are as follows. pursuant to the contract dated october 8, 1985 which is marked as exhibit 'b' the original plaintiff sold, supplied and exported 20 lacs of clip bolts to the egyptian ..... not indemnity completely but only partially, the insurer has no right of subrogation at all. he has further .....

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Aug 22 2002 (HC)

New India Assurance Co. Ltd. Vs. Krishna Khatua and ors.

Court : Kolkata

Reported in : III(2004)ACC176,2003ACJ1974

..... account of an accident involving the vehicle, the insurer will indemnify the owner. therefore, when the owner dies in the accident involving the motor vehicle, the contract of indemnity will not cover such case as the owner of the offending vehicle is not to pay compensation to any other person. strong reliance was placed on the judgment in the ..... .4. relying on the aforesaid judgments, the learned counsel for the appellant contended that the insurer's liability is on the contract of indemnity entered into between insurer and the owner of the vehicle and the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay compensation to persons who suffered injury or damage on ..... by policy. judgments cited by the appellant particularly in the cases of siddanna nimbanna jawali, : ilr2001kar1670 ; darshan kaur, and hemlata sahu, : 1999(2)mplj231 , support such view.7. from the contract of insurance the liability for bodily injury of the owner-insured, has not been shown. as the policy is comprehensive only the additional claim can be damage for the property .....

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Aug 04 2000 (HC)

National Insurance Company Ltd. Vs. New Darjeeling Union Tea Co. Ltd.

Court : Kolkata

Reported in : (2001)1CALLT218(HC)

..... insurance unless the premium is paid in advance, such a condition can even be waived. except in certain cases as for example contract of life insurance, personal accident or sickness insurance, the principle of indemnity applies to a contract of insurance in which case the insurer's liability would be limited to actual loss. 16. reference in this connection may be ..... pecuniary loss to the assured only then he becomes entitled to be indemnified subject to the limitations contained in the contract. 18. it is trite that the question as to whether a contract of insurance would be a contract of indemnity will depend upon construction of a particular contract subject to the consideration that in the absence of the clear words showing that the ..... contract was intended, the court will construe the contract as one of indemnity. 19. in new india assurance co. ltd. v. rula and ors ..... . reported in : [2000]2scr148 , the apex court has held :-- 'now, a contract of insurance, like any other contract, is concluded by offer and acceptance. normally, a liability under .....

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Jun 26 2000 (HC)

The Oriental Insurance Company Limited Vs. Sri Banamali Ghosh and anr.

Court : Kolkata

Reported in : I(2001)ACC411,2001ACJ1169,AIR2000Cal276,(2000)3CALLT271(HC),2000(2)CHN416

..... the liability of an insurer on the basis of a valid insurance policy covering the vehicle in question at the relevant point of time, is a matter relating to the contract of indemnity between the insurer and the insured. as the liability to pay compensation to a third party, as held hereinbefore, is joint and serveral amongst the insurer and the insured ..... the liability of the insurer if the vehicle is validly assured or apportion the liability between the insured. the insurer is liable to pay compensation on the basis of the contract of indemnity only when the insured is liable to pay the damages to the claimant. therefore, the liability between the insurer and the insured is governed by the ..... contract of indemnity between them and to the extent to which the vehicle is assured.10. thus, upon reading of the provisions of section 96, section 110aand section 110b of the aforesaid act, ..... , being one of the following conditions, namely :- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed .....

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Feb 25 1998 (HC)

General Manager, Magma Area, Eastern Coal Fields Ltd. Vs. Gopal Chandr ...

Court : Kolkata

Reported in : [1999(82)FLR530],(2000)ILLJ456Cal

..... particular person has procured the employment under the same employer on the basis of a false declaration, cannot be said to be a contract of indemnity as defined in section 124 of the central act because loss, if any, caused to the employer on account of wrongful employment of such particular ..... writ petition, contending that the respondent ought to have approached the forum created by the industrial disputes act, 1947. the learned trial judge held that indemnity is reimbursement and so a statement of an employee to the effect that his employer can terminate his service summarily, if it is found that a ..... made by mahesh kora in the indemnity bond that he was the brother of late dingle kora was false and so the services of respondent gopal chandra mondal were terminated. the termination ..... is that mahesh kora was provided with the employment in terms of the provisions contained in clause 9.4.0 referred above and the aforesaid indemnity bond but after thorough inquiry by the vigilance department it was found that mahesh kora was not the brother of dingle kora and the declaration ..... be given to one dependent of workers disabled permanently and those who met with death while in service. the respondent and one another executed an indemnity bond in the year 1991 in connection with the employment of one mahesh kora on the ground of the death of his sister dingle kora declaring .....

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May 15 1997 (HC)

Assambrook Exports Ltd. and anr. Vs. Export Credit Guarantee Corpn. of ...

Court : Kolkata

Reported in : AIR1998Cal1

..... that of the ordinary contractual warranty. otherwise there is no principle in insurance law which is at variance with the ordinary principles of the law of contract.'46. a contract of insurance is primarily a contract of indemnity but it may be framedotherwise, in terms whereof the insurer has certainobligation. 47. in lucas ltd. v. export credits guarantee depatment reported in 1974 (2 ..... price. the export credit guarantee department of the department of trade issues to exporters policies covering them them upto specified percenages against non-commercial risk. these policies are contracts of indemnity and if payment has been made under a policy by the department of trade in respect of a loss due to restrictions on the export of currency, and the ..... made by the first petitioner as regards the solemn promise made by it. a case of this nature would not fall within the general cases arising out of a pure contract qua contract.30. in life insurance corporation of india v. escorts ltd. reported in : 1986(8)ecc189 , the apex court was concerned with transfer of shares. the apex court ..... stated :--'the ministry of foreign economic relations of the republic of kazakhstan is pleased to inform that it is taking all the possible measures to perform its obligations under the contract concluded between 'rassik woodworth limited' and the state joint-stock company 'kazpishepromsyrio' for the delivery of tea to kazakstan. but some difficulties related to introduction .! the national currency, .....

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