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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1977 Page 1 of about 69 results (0.096 seconds)

Nov 03 1977 (SC)

Jahar Roy (Dead) Through L.Rs. and anr. Vs. Premji Bhimji Mansata and ...

Court : Supreme Court of India

Decided on : Nov-03-1977

Reported in : AIR1977SC2439; (1977)4SCC562; [1978]1SCR770; 1978(10)LC19(SC)

..... not made for the benefit of the other contracting party who is the defendant to the action. he cannot insist on the indemnity or the offer of it; for it is no concern of his. all that he can require is that both the ..... two persons jointly then one of them cannot ordinarily require the other to join as plaintiff and cannot add him as a defendant, unless he offers him an indemnity against costs. this, however is a rule made for the protection of the joint contractor whom it is sought to add as plaintiff or defendant. it is ..... that even if it were held to be permissible for one joint promise to make the other a co-defendant, that would not be permissible without the tender of indemnity against costs, which was not done in this case. that rule finds a mention in halsbury's laws of england, third edition, at page 61 and appears ..... as the licence was given by the plaintiff and jitendra nath bose as joint promises of the property, the suit was not maintainable under section 45 of the contract act, hereinafter referred to as the act, by one of the joint promises without joining jitendra nath bose as a co-plaintiff.10. section 45 and the ..... persons, with whom he made his contract, are before the court. so long as they are both there, even if one is a defendant .....

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Apr 06 1977 (SC)

Union of India (Uoi) Vs. the Central India Machinery Manufacturing Com ...

Court : Supreme Court of India

Decided on : Apr-06-1977

Reported in : (1977)2SCC847; [1977]40STC246(SC)

..... of pre-emption. even so, much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents, read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... including steel or components will be reimbursed by the railway board.(underlining ours.)21. the material part of the indemnity bond, which was subsequently executed by the company in connection with the contract, provides : whereas under railway board's order no. 67/rs(i)/954/15 dated 23-12-1967 ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... works, on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note: 'on account' payment will be permissible only on steel procured according to joint director (iron & steel ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing the standard and special conditions of contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....

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Apr 06 1977 (SC)

Union of India Vs. Central India Machinery Manufacturing Company Ltd. ...

Court : Supreme Court of India

Decided on : Apr-06-1977

Reported in : (1977)6CTR(SC)220; 1977()WLN313

..... right of preemption. even so much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... materials including steel or components will be reimbursed by the railway board.16. the material part of the indemnity bond which was subsequently executed by the company in connection with the contract, provides :'whereas under railway boards order no. 67/rs(i)/954/15 dated 23-12-1967, the ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... , on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note : on account payment will be permissible on steel procured according to joint director (iron & steel), calcutta ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing standard and special conditions of the contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....

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Jun 09 1977 (FN)

Stencel Aero Engineering Corp. Vs. United States

Court : US Supreme Court

Decided on : Jun-09-1977

..... we must therefore consider the impact of these factors where, as here, the suit against the government is not brought by the serviceman himself, but by a third party seeking indemnity for any damages it may be required to pay the serviceman. clearly, the first factor considered in feres operates with equal force in this case. the relationship between the government ..... manufacture. stencel therefore claimed that, insofar as it was negligent at all, its negligence was passive, while the negligence of the united states was active. accordingly it prayed for indemnity as to any sums it would be required to pay to captain donham. [ footnote 3 ] the united states moved for summary judgment against donham, contending that he could ..... that the emergency eject system malfunctioned as a result of "the negligence and carelessness of the defendants individually and jointly." stencel then cross-claimed against the united states for indemnity, charging that any malfunction in the egress life support system used by donham was due to faulty specifications, requirements, and components provided by the united states or other ..... , missouri air national guard. [ footnote 2 ] there is no contractual relationship between the united states and stencel. stencel contracted with north american rockwell, the prime government contractor, to provide the f-100's pilot eject system. [ footnote 3 ] stencel's indemnity claim is based upon the law of missouri. see, e.g., feinstein v. edward livington & sons, inc., 457 .....

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Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-26-1977

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

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Jan 11 1977 (FN)

Mt. Healthy City Sch. Dist. Vs. Doyle

Court : US Supreme Court

Decided on : Jan-11-1977

..... difficulty disposing of, asserts that the $10,000 amount in controversy required by that section is not satisfied in this case. the leading case on this point is st. paul indemnity co. v. red cab co., 303 u. s. 283 (1938), which stated this test: "[t]he sum claimed by the plaintiff controls if the claim is apparently made in good ..... doyle sued petitioner mt. healthy board of education in the united states district court for the southern district of ohio. doyle claimed that the board's refusal to renew his contract in 1971 violated his rights under the first and fourteenth amendments to the united states constitution. after a bench trial, the district court held that doyle was entitled to reinstatement ..... award only compensatory damages, it was far from a "legal certainty" at the time of suit that respondent would not have been entitled to more than that amount. st. paul indemnity co. v. red cab co., 303 u. s. 283 , 303 u. s. 288 -289. pp. 429 u. s. 276 -277. 2. petitioner, in making its belated contention concerning 1983, failed ..... merits of respondent's claim under the first and fourteenth amendments. doyle was first employed by the board in 1966. he worked under one-year contracts for the first three years, and under a two-year contract from 1969 to 1971. in 1969, he was elected president of the teachers' association, in which position he worked to expand the subjects of direct .....

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Dec 16 1977 (SC)

Vishnu Agencies (Pvt.) Ltd. Vs. Commercial Tax Officer and ors.

Court : Supreme Court of India

Decided on : Dec-16-1977

Reported in : AIR1978SC449; (1978)1SCC520; [1978]2SCR433; [1978]42STC31(SC)

..... constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to the goods, which pre-supposes capacity to contract, that the contract must be supported by valuable consideration and that as a result of the transaction property must actually pass in the goods. 'unless all these elements are present, ..... of the expression 'sale of goods' there must be an agreement between the parties for the sale of the very goods in which eventually property passes. in a building contract, the agreement between the parties is that the contractor should construct a building according to the specifications contained in the agreement, and in consideration therefore receive payment as provided ..... towards the close of the nineteenth century it came to be realised that private enterprises, in order to be socially just, had to ensure economic equality.the very freedom on contract with its corollary, the -freedom to complete, was merging into the freedom to combine; and in the last resort competition and combination were incompatible. individualism was yielding to monopoly ..... s sale of goods' says in the preface that the editors decided to produce an entirely new work partly because commercial institutions modes of transport and of payment, forms of contract, types of goods, market areas and marketing methods, and the extent of legislative and governmental regulation and intervention, had changed considerably since 1868, when the 1st edition of .....

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Dec 16 1977 (SC)

Vishnu Agencies (Pvt.) Ltd. and anr. Vs. Commercial Tax Officer and or ...

Court : Supreme Court of India

Decided on : Dec-16-1977

Reported in : (1978)7CTR(SC)0089B

..... in order to constitute a sale it is necessary there should be an agreement between the parties for the purpose of transferring title to goods, which presupposes capacity contract, that the contract must supported by valuable consideration that as a result of the transaction propose must actually pass in the goods. unless all these elements are present, there can be ..... edition 'benjamins sale of goods' says in the face that the editors decided to producer entirely new work partly because commercial institutions, modes of transport and payment, forms of contract, types of goods, market areas and marketing methods, and the extent of legislative and governmental regulation and intervention, had changed considerably since 1868, when the 1st edition of the ..... of the expression sale of goods there must be an agreement between the parties for the sale of the very goods in which eventually property passes. in a building contract, the agreement between the parties is that the contractor should construct a building according to the specifications contained in the agreement, and in consideration therefore receive payment as ..... though not expressed antecedently to the permit'. the controller brought the seller and the purchaser together, gave them permission to supply and receive sugar leading thereby to be implied contract of sale between the parties.' the learned judge accepted that there was annulment of compulsion in both selling and buying, perhaps more for the supplier than for the receiver .....

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Dec 06 1977 (SC)

Gurcharan Singh and ors. Vs. State (Delhi Administration)

Court : Supreme Court of India

Decided on : Dec-06-1977

Reported in : AIR1978SC179a; 1978CriLJ129; (1978)1SCC118; [1978]2SCR358

p.k. goswami, j.1. these two appeals by special leave are directed against the judgment and order of the delhi high court cancelling the orders of bail of each of the appellants passed by the learned sessions judge, delhi. they were all arrested in pursuance of the first information report lodged by the superintendent of police, c.b.i. on 10-6-1977 in what is now described as the 'sunder murder case'. the report at that stage did not disclose names of accused persona and referred to the involvement of 'some delhi police personnel'. sunder was said to be a notorious dacoit who was wanted in several cases of murder and dacoity alleged to have been committed by him in delhi and elsewhere. it is stated that by may, 1976 sunder became a 'security risk for mr. sanjay gandhi'. it appears sunder was arrested at jaipur on 31-8-1976 and was in police custody in delhi between, 2nd of november, 1976 and 28th of november, 1976 under the orders of the court of the additional chief metropolitan magistrate, shahdara, delhi.2. it is alleged that the appellants ranging from the deputy inspector general of police and the superintendent of police at the top down to some police constables were a party to a criminal conspiracy to kill sunder and caused hits death by drowning him in the yamuna in pursuance of the conspiracy. according to the prosecution, the alleged murder took place on the night of 24th of november, 1976.3. the appellants were arrested in connection with the above case between .....

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Nov 08 1977 (SC)

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Nov-08-1977

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... allegations have been made on the floor of the houses of the state legislature and elsewhere that irregularities have been committed/excess payments made in certain matters relating to contracts, grant of land, allotment of sites, purchase of furniture, disposal of foodgrains, etc.; whereas the state government is of the opinion that it is necessary to appoint ..... allegations have been made on the floor of the houses of the state legislature and elsewhere that irregularities have been committed/excess payments made in certain matters relating to contracts, grants of land, allotments of sites, purchase of furniture, disposal of food grains etc. now therefore.... the government of karnataka hereby appoint...the commission of inquiry for ..... hand, the state government notification, without mentioning the persons who might be responsible for any excessive or improper payments, or favouritism, or misappropriation, or irregularity, mentions certain contracts in favour of various companies, or parties under 32 heads. it then states, as a separate item of inquiry, the question as to who were the persons responsible in ..... 1977notificationwhereas allegations have been made on the floor of the houses of the state legislature and elsewhere that irregularities have been committed/excess payments made in certain matters relating to contracts, grants of land, allotment of sites, purchase of furniture, disposal of foodgrains, etc. :whereas the state government is of the opinion that it is necessary to .....

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