Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Page 1 of about 6,803 results (0.109 seconds)

Mar 02 2020 (SC)

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... originator at least in england, of this theory. in gillespie brothers & co. ltd. v. roy bowles transport ltd., (1973) qb400 where the question was whether an indemnity clause in a contract, on its true construction, relieved the indemnifier from liability arising to the indemnified from his own negligence, lord denning said (at pages 415 416): are the courts the time ..... when it would be quite unconscionable for him to do so. (emphasis supplied) in the above case, the court of appeal negatived the defense of the indemnifier that the indemnity clause did not cover the negligence of the indemnified. it was in lloyds bank ltd. v. bundy (1974) 3 all er757that lord denning first clearly enunciated his theory of ..... these acts 'necessary and proper' to the carrying out of the functions which it allocates to the national government. unless the objectives sought by terms and conditions in government contracts requiring the surrender of rights are constitutionally authorised, the conditions must fall as ultra vires exercise of power. again at page 1603, it is further emphasised thus: when ..... contractual capacity, fraud and other invalidating causes; the policy also overlaps with rules which render particular bargains or terms unenforceable on grounds of public policy. policing against unconscionable contracts or terms has sometimes been accomplished by adverse construction of language, by manipulation of the rules of offer 50 and acceptance or by determinations that the clause is contrary .....

Tag this Judgment!

Feb 07 2020 (SC)

m/s.rajankumar and Brothers (Impex) Vs. Oriental Insurance co.ltd.

Court : Supreme Court of India

..... i.e. the respondent, to issue a general average guarantee in form b , as 1 kyraki nouassia, the principle of indemnity in marine insurance contracts: a comparative approach (springer, 2007) 161. 4 required by the gaa. the respondent consequently issued a guarantee dated 3.8.2010, agreeing to pay the gaa on behalf ..... had agreed to cover all general average and salvage charges. clause 2 reads as follows: 2. this insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause, except those excluded in clauses 4, 5 ..... commonly understood that a waiver in the context of marine insurance, apart 43 from one already provided for by way of held covered or other such terms in the insurance contract, must include two elements, namely, (i) knowledge of the insurer, and (ii) unequivocal representation of the insurer. the presence of both these elements is indispensable. for instance, after the ..... ship runs aground, as in the present case, the shipowners and the cargo interests are mutually liable for reimbursing the losses arising from such an event. if there is a contract of marine insurance in respect of the voyage, the insurer will be liable for reimbursing the amount on behalf of the assured cargo owner. accordingly, the appellant requested its insurer .....

Tag this Judgment!

May 10 2019 (SC)

Ram Parshotam Mittal Vs. Hotel Queen Road pvt.ltd. Andors.

Court : Supreme Court of India

..... a private company which is a subsidiary of a public company, in respect of any contract or arrangement entered into, or to be entered into, by the private company with the holding company thereof; (c) any contract of indemnity against any loss which the directors, or any one or more of them, may ..... the transferor and by or on behalf of the transferee has been lost, the company may register the transfer on such terms as to indemnity as the board may think fit :63. provided further that nothing in this section shall prejudice any power of the company to register as ..... of the contingency specified therein. the imposition of penalty depends upon the violation of the exchange and when imposed operates to invalidate all contracts resulting from allotment of shares between the applicants for shares and the company. such a provision must be strictly construed. unless the statute in ..... of india v. allied international products ltd. & anr. (1970) 3 scc594 15. the application for allotment of shares and acceptance thereof constitute a contract between the company and the applicant. section 73(1) of the companies act imposes a penalty whereby the allotment of shares becomes void on the happening ..... suffer by reason of becoming or being sureties or a surety for the company; (d) any contract or arrangement entered into or to be entered into with .....

Tag this Judgment!

Jun 29 2016 (SC)

M/S. Sundaram Finacne Ltd. Vs. Noorjahan Beevi and Anr.

Court : Supreme Court of India

..... section 29 and on their taking possession they became deemed owners. the mortgage may have come to an end, but the contract of indemnity, which was an independent contract, did not. the right to claim for the balance arose, under the contract of indemnity, only when the sale proceeds were found to be insufficient.11. in this case, it is an admitted position that the ..... .e. that the loan transaction and the mortgage deed are one composite transaction which was inseparable is entirely erroneous. it is settled law that a contract of indemnity and/or guarantee is an independent and separate contract from the main contract. thus, the question which they required to address themselves, which unfortunately they did not, was when does the right to sue on the ..... that a suit for recovery of the balance could have been filed. merely because the corporation acted under section 29 of the financial corporations act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the main ..... indemnity arose. in our view, there can be only one answer to this question. the right to sue on the contract of indemnity arose only after the assets were sold off. it is only at that stage that the balance due became ascertained .....

Tag this Judgment!

Jan 29 2014 (SC)

Deepak Bhandari Vs. H.P.State Indusl.Dev.Corp.Ltd.and ors.

Court : Supreme Court of India

..... act, 1963 which corresponds to old articles 115 and 116 of the old limitation act, 1908. the right to sue on a contract of indemnity/ guarantee would arise when the contract is broken.23. therefore, the period of limitation is to be counted from the date when the assets of the company were ..... taking possession they became deemed owners. the mortgage may have come to an end, but the contract of indemnity, which was an independent contract, did not. the right to claim for the balance arose, under the contract of indemnity, only when the sale proceeds were found to be insufficient. in this case, it is ..... the mortgage deed, are one composite transaction which was inseparable is entirely erroneous. it is settled law that a contract of indemnity and/ or guarantee is an independent and separate contract from the main contract. thus the question which they required to address themselves, which unfortunately they did not, was when does the right ..... that merely because the corporation acted under section 29 of the state financial corporation act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the main ..... been filed. merely because the corporation acted under section 29 of the financial corporation act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the .....

Tag this Judgment!

Nov 20 2012 (SC)

National Insurance Company Ltd. Vs. Balakrishnan and ors.

Court : Supreme Court of India

..... capacity as a regional manger of the owner-company and the vehicle was being driven by the driver. this court observed that a contract of insurance is ordinarily a contract of indemnity and when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed ..... pertaining to enforcement of its decision to cover the liability of an occupant in a vehicle in a "comprehensive/package policy" regard being had to the contract of insurance.17. at this stage, it is apposite to note that when the decision in bhagyalakshmi (supra) was rendered, a decision of high court ..... decision in regard to coverage of third-party risk which would include all persons including occupants of the vehicle and the insurer having entered into a contract of insurance in relation thereto, we are of the opinion that the matter may require a deeper scrutiny."on a perusal of the aforesaid paragraph, ..... on a scooter would be a third party within the meaning of section 147 of the act, after referring to number of authorities, stated thus:-"the contract of insurance did not cover the owner of the vehicle, certainly not the pillion-rider. the deceased was travelling as a passenger, stricto sensu may ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the actwithout any special contractsince there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold .....

Tag this Judgment!

Oct 13 2011 (SC)

United India Insurance Co. Ltd. Vs. Shila Datta and ors.

Court : Supreme Court of India

Reported in : 2011(4)KLT378; 2011(4)KLJ580; 2011(10)SCC509; 2011(8)MLJ743; 2012(1)LW30; 2011(2)TNMAC481; 2012(1)SCC(Cri)328; AIR2011SCW6541; 2012(2)SCJ162; AIR2012SC86

..... claim, in regard to the quantum. all that section 149(2) says is that insurer cannot raise all kinds of contentions based on the terms of policy to avoid the contract of indemnity. but it does not require the insurer to concede wrong claims or false claims or not challenge erroneous determination of compensation. 18. let us take by way of example ..... case the appellant is not seeking to avoid its liability but wants a determination of the extent of its liability which is to be determined, in the absence of any contract to the contrary, in accordance with the statutory provision contained in this behalf in clause (b) of sub-section (2) of section 95 of the act...the assumption that as ..... , 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 organized racing and speed testing, or(c) for a purpose not allowed .....

Tag this Judgment!

Jul 28 2010 (SC)

M/S Sumitomo Heavy Industries ... Vs. Oil and Natural Gas Company

Court : Supreme Court of India

..... be read strictly and narrowly. as far as this submission is concerned, one has to note that as per section 124 of the indian contract act, a contract of indemnity is one under which one party promises to save the other from loss caused to him by the conduct of the promisor or any other ..... person. thus in the present case, under clause 5.10.5 of the general conditions of contract, the appellant has given the indemnity to the respondent against all losses that the respondent may suffer out of the negligence of appellant or their sub-contractor. clause 17. ..... approach should be adopted while examining the scope and application of clause 17.3. the respondent submitted that this clause was in the nature of an indemnity and that it must be construed strictly and narrowly. this view is also accepted by the division bench. the division bench observed as follows:"the ..... ) harmless against all losses and claims, including such claims arising out of the negligence of the contractor or its subcontractors, and the particulars of this indemnity are specified in this clause.15. clause 5.11.3. lays down that the contractor shall observe and comply with and shall ensure that all his ..... to extra cost arising on account of change of law. it cannot be compared with indemnity for loss due to conduct of the promisor or of a third party.30. mr. tankha submitted that clauses in the contract have to be given a literal interpretation. he relied upon the judgments of this court .....

Tag this Judgment!

May 06 2010 (SC)

United India Insurance Company Ltd. Vs. Kantika Colour Lab. and ors.

Court : Supreme Court of India

..... . even with in that limit, however, he cannot recover more than what he establishes to be the actual amount of his loss. the contract being one of indemnity only, he can recover the actual amount of his loss and no more, whatever may have been his estimate of what his loss would be likely to be, and ..... or in part so as to call any repair or replacement of the said machine.19. contracts of insurance are generally in the nature of contracts of indemnity. except in the case of contracts of life insurance, personal accident and sickness or contracts of contingency insurance, all other contracts of insurance entitle the assured for the reimbursement of actual loss that is proved to have been ..... stipulated in the policy; the event must, in fact, result in a pecuniary loss to the assured, who then becomes entitled to be indemnified subject to the limitations of his contract. he cannot recover more than the sum insured for that sum is all that he has stipulated for by his premiums and it fixes the maximum liability of the insurers ..... is only upon proof of the actual loss, that the assured can claim reimbursement of the loss to the extent it is established, not exceeding the amount stipulated in the contract of insurance which signifies the outer limit of the insurance company's liability. the amount mentioned in the policy does not signify that the insurance company guarantees payment of the .....

Tag this Judgment!

Feb 17 2010 (SC)

Economic Transport Organization Vs. Charan Spinning Mills (P) Ltd. and ...

Court : Supreme Court of India

Reported in : JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)

..... to maintain a suit in his own name against third parties.14. subrogation, as an equitable assignment, is inherent, incidental and collateral to a contract of indemnity, which occurs automatically, when the insurer settles the claim under the policy, by reimbursing the entire loss suffered by the assured. it need not ..... high court in vasudeva mudaliar v. caledonian insurance co. air 1965 mad. 159 thus:in other words arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. the ..... transferred to and vested in the insurer. the equitable assignment of the rights and remedies of the assured in favour of the insurer, implied in a contract of indemnity, known as 'subrogation', is based on two basic principles of equity: (a) no tort-feasor should escape liability for his wrong; (b) ..... , could file a complaint under the act, even after the insurer had settled its claim in regard to the loss.11. a contract of insurance is a contract of indemnity. the loss/damage to the goods covered by a policy of insurance, may be caused either due to an act for which the ..... no dispute that the doctrine of subrogation in insurance rests upon the common intention of the parties and gives effect to the principle of indemnity embodied in the contract. furthermore, your lordships drew attention to the fact that it is customary for the assured, on payment of the loss, to provide .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //