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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1966 Page 1 of about 65 results (0.095 seconds)

Oct 26 1966 (SC)

Commissioner of Income-tax, Madras Vs. Prithvi Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Oct-26-1966

Reported in : AIR1967SC853; [1967]63ITR632(SC); [1967]1SCR943

..... of life insurance possesses peculiar characteristics which do not exist in respect of other insurance businesses. firstly, the life insurance policies are not contracts of indemnity; they are forms of investments. other classes of insurance business are contracts of indemnity. secondly, the contract in the general insurance is generally annual, while in the case of life business the risk continues until death. unlike general insurance ..... contracts, the life contract, is made once and for all. the general insurance contracts, are in law, fresh contracts entered into at the time of each renewal. thirdly, life .....

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Oct 03 1966 (SC)

Srinivas Gupta Vs. Hindustan Commercial Bank Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1966

Reported in : [1967]37CompCas434(SC)

..... brothers for the sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel for the appellant has ..... not in our opinion enough to absolve the appellant of the liability which lay on him under clause 13 of the agreement. the liability under the contract of indemnity contained in that clause was to make good the loss to be caused to the bank in circumstances like the present to which clause 13 is ..... that the tins of ghee contained rotten ghee or water, the appellant became liable under the contract of indemnity contained in clause 13 of the agreement. under that clause it was his duty ,to see that goods pledged to the bank as security were not ..... has come before us.6. we are of opinion that there is no force in this appeal. clause 13 of the agreement is clearly a contract of indemnity by which the bank is indemnified in connection with certain matters mentioned therein. it has not been and cannot be disputed that when it was found ..... the bank then went in appeal to the high court. the high court allowed the appeal and held that clause 13 of the agreement was a contract of indemnity and mere execution of the two mortgages would not absolve the appellant of the responsibility that lay on him under clause 13. it further held that the .....

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Mar 29 1966 (SC)

Ellerman and Bucknall Steamship Co. Ltd. Vs. Sha Misrimal Bherajee

Court : Supreme Court of India

Decided on : Mar-29-1966

Reported in : AIR1966SC1892; [1966]SuppSCR92

..... moneys against goods which were not the goods agreed to be sold and which were not consigned according to the contract. the very fact that the second defendants have obtained an indemnity for issuing the bills of lading without disclosing the real state of facts would show their consciousness that they ..... the ship owners had to make good the loss. the plaintiffs sued the defendants under the indemnity, the benefit of which had been assigned to them. the defendants refused to pay, alleging that the contract of indemnity was illegal, because it had as its object the making by the ship owners of a ..... obviously intended, in collusion with the seller, to enable him to operate upon the credit with the bank. this collusion is also apparent from the indemnity bond they took from the seller to guard themselves against the consequences of the said representation. all the elements of deceit are present. 26. the ..... the learned city civil judge reads : 'did the second defendant act bona fide throughout in issuing the bills of lading and in taking an indemnity from the shippers ?'. 10. the judgment of the learned city civil judge discloses that the question of misrepresentation by collusion was argued and the learned ..... in reused fibre drums. the bills of lading issued by the ship owners described the drums simply as drums. after taking a letter of indemnity to cover against any loss, the ship owners issued clean bills of lading. the seller negotiated the bills of lading with the marine midland trust .....

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Apr 07 1966 (SC)

Vithal Das Vs. Rupchand and ors.

Court : Supreme Court of India

Decided on : Apr-07-1966

Reported in : AIR1967SC188; 1966MhLJ1129(SC); [1966]SuppSCR164

..... advantage so gained, but subject to payment by such persons of their due shares of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.' 7. section 95 provides as follows : 'the person holding property in accordance with any of the ..... or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full ..... remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the ..... could only be awarded if there was a debt or a sum certain payable at a certain time or otherwise by virtue of some written contract and there must have been a demand in writing stating that interest will be demanded from the date of the demand. the same view has ..... in the first instanceito establish the existence of a state of circumstances which attracts the equitable jurisdiction, as, for example, the non-performance of a contract of which equity can give specific performance'.' 5. the decision of the judicial committee in bengal nagpur rly. co. ltd. v. ruttanji ramji 65 .....

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Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

Decided on : Jun-06-1966

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

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Dec 13 1966 (SC)

Lallan Prasad Vs. Rahmat Ali and anr.

Court : Supreme Court of India

Decided on : Dec-13-1966

Reported in : AIR1967SC1322; [1967]2SCR233

..... property pledged upon tender of the amount advanced but that right would be lost if the pawnee has in the meantime lawfully sold the property pledged. a contract of pawn thus carries with it an implication that the security is available to satisfy the debt and under this implication the pawnee has the power of ..... simple lien and a mortgage which wholly passes the property in the thing conveyed. (see halliday v. holygate i.l.r. [1968] ex. 299.. a contract to pawn a chattel even though money is advanced on the faith of it is not sufficient in itself to pass special property in the chattel to the pawnee ..... of his debt or the fulfilment of his liability. the two ingredients of a pawn or a pledge are : (1) that it is essential to the contract of pawn that the property pledged should be actually or constructively delivered to the pawnee and (2) a pawnee has only a special property in the pledge ..... said goods therefore remained in his custody and (2) that even if the goods were delivered to the appellant the appellant could under section 176 of the contract act still maintain his suit on the said promissory note and recover the amount due thereunder. 7. as the high court's judgment is one of reversal ..... sales by him of part of the said goods. 5. the trial judge, however, rejected the respondent's case and held that there was no completed contract of pledge as the first respondent had failed to deliver the said goods, that the second respondent had agreed to become a surety for repayment of the .....

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Dec 13 1966 (SC)

Ram Lal Puri Vs. Gokalnagar Sugar Mills Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-13-1966

..... behalf of the parties without objection and considered by the court. the earlier ordinance and the succeeding act quite clearly render the performance of the contract to sell unlawful. see sections 1 and 9 of the ordinance and the act. as no objection on this score was raised before the learned ..... be well within time. i may point out that the view taken by the learned single judge that the liability created under section 63 of the contract act being initially a common law liability, its incorporation in the statute is immaterial, has not, speaking with all respect, appealed to us and ..... bom 404, also lays down the undisputed proposition that article 120 applies when no other article can be held applicable.that case again relates to the contract of sale of certain bales of cotton goods and the controversy centered round the applicability of articles 62, 97, or 115 of the limitation act. ..... accordingly unnecessary to say anything more about that decision. n.v. jagannadhayya v. ramanatha mohapatra, : air1955ori11 , dealt with the case of forfeiture in a contract for sale of goods and while considering the relevant scope and effect of arts. 97 and 115, it was observed that art. 115 applies to a ..... is prima facie attractive but it overlooks the fact that the earnest money had been paid as a collateral security for performing his part of the contract by the vendee. the earnest money, therefore, could not be said to have been paid on an existing consideration which afterwards failed.the bench .....

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Dec 07 1966 (SC)

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Decided on : Dec-07-1966

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

..... the indian legislation proceeds upon the assumption that the government will be bound unless the contrary is stated. many acts like the code of civil procedure, 1908 and the indian contract act 1872 make special provisions for the government in respect of particular matters on the assumption that in respect of all other matters the government will be bound by the ..... to apply in the determination of actions against the indian inhabitants of the town in matters of succession and inheri- tance to lands, rents, goods, and in all matters of contract and dealing between party and party, their personal law if both parties belonged to the same community, and by the law and usages of the defendant if they belonged to ..... the crown whenever they intended to do so indicating thereby that they did not rely upon any presumption but only on express exemptions, see, for instance, s. 74 of the contract act, s. 9 of the specific relief act, s. 90 of the indian registration act, s. 2(a) and (b) of the indian easements act, the crown grants act xv .....

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Nov 15 1966 (SC)

Mohanlal Hargovinddas Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Decided on : Nov-15-1966

Reported in : AIR1967SC1022; [1967]2SCR88; [1967]19STC263(SC)

..... being intended for re-sale by him, or for use by him in the manufacture of any goods for sale or in the execution of any contract and on sales to a registered dealer of containers and other materials for the packing of such goods;' 11. the section was amended from time to ..... the position, what purpose would the explanation serve in section 22 of the madras act, if it merely meant that when goods are delivered under a contract of sale for consumption in the state of madras, the outside state in which property in the goods passes has no power to tax the sale ..... by a dealer in respect of the sale or supply of goods or in respect of sales or supply of goods in the carrying out of any contract affected or made during the prescribed period; and, the expression 'taxable turnover' means that part of a dealer's turnover during such period which remains ..... any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods made in course of the execution of a contract,......... and the word 'purchase' shall be construed accordingly; * * * * * explanation (ii). - (notwithstanding anything to the contrary in the indian sale of goods act, ..... the sale or purchase of future goods by description, then, if the goods are actually produced or found in this state at any time after the contract of sale or purchase in respect thereof was made; explanation (iii). - notwithstanding anything to the contrary in the indian sale of goods act, .....

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Oct 31 1966 (SC)

The Commissioner of Income-tax, Bombay Vs. Smt. Kasturbai Walchand Tru ...

Court : Supreme Court of India

Decided on : Oct-31-1966

Reported in : AIR1967SC844; [1967]63ITR656(SC); 1967MhLJ647(SC); [1967]2SCR7

..... kasturbai was clearly valid in view of the provision contained in section 58 of the indian trusts act (no. 2 of 1882) which provides that 'the beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time being in force as to the circumstances and extent in and to which he may dispose of such ..... interest.' bai kasturbai was quite competent to contract so as to transfer her interest under the deed of trust, and by executing the deed dated 21st july, 1955, she surrendered all her rights. the right which had accrued .....

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