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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1983 Page 1 of about 57 results (0.222 seconds)

Dec 16 1983 (SC)

Hindustan Aeronautics Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; [1984]2SCR248; [1984]55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744

..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....

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Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Dec 06 1983 (SC)

Smt. Sarbati Devi and anr. Vs. Smt. Usha Devi

Court : Supreme Court of India

Decided on : Dec-06-1983

Reported in : II(1984)ACC377; AIR1984SC346; 1984(32)BLJR210; [1984]55CompCas214(SC); (1984)1CompLJ1(SC); 1983(2)SCALE869; (1984)1SCC424; [1984]1SCR992; 1984(16)LC866(SC)

..... first place, the sum assured, with which alone section 39 was concerned, was to be paid in the event of the death of the assured under the terms of the contract entered into between the insurer and the assured and consequently it was the contractual right which remained vested in the insured with reference to which the nomination happened to be .....

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Dec 05 1983 (SC)

Gammon India Limited Vs. Niranjan Dass

Court : Supreme Court of India

Decided on : Dec-05-1983

Reported in : AIR1984SC500; (1984)1CompLJ19(SC); [1984(48)FLR310]; (1984)ILLJ233SC; 1983(2)SCALE863; (1984)1SCC509; [1984]1SCR959; 1984(1)SLJ150(SC); 1984(16)LC195(SC)

d.a. desai, j.1. respondent shri niranjan dass was employed as a senior clerk by the appellant-company as per the appointment order contained in the letter dated april 10, 1962. the letter of appointment inter alia provided that the respondent may be posted anywhere in india or abroad as per the requirements of the company and it was signed by its zonal manager, central zone, delhi. respondent continued to serve in that capacity when on september 14, 1967, he was served with notice terminating his services. the notice reads as under :due to the reduction in the volume of business of the company as a result of the recession in (sic) services will not be required by the company after the 14th october, 1967, and this may be treated as statutory notice of one month of termination of your service.your leave shall run concurrently with the notice period, and you may avail of leave due to you, if any, during the notice period.personnel section at head office have been advised to settle your dues, and you may write to them in the matter.we take this opportunity to thank you for your past services, and it is very unfortunate that the present circumstances have compelled us to issue this notice.should it be possible for us to offer you a job at any of our works sites at a later date, we shall make you a fresh offer at that time.respondent raised an industrial dispute and the appropriate government by the order dated may 30, 1968 referred the industrial dispute for adjudication to the .....

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Nov 08 1983 (SC)

Azmat Khan Vs. Khillan Singh and ors.

Court : Supreme Court of India

Decided on : Nov-08-1983

Reported in : AIR1984SC304; 1983(2)SCALE760; (1984)1SCC143; [1984]1SCR795

orders. murtaza fazal ali, j.1. this election appeal arises out of the election held in 1980 from the constituency no. 56 called hathin to the legislative assembly of the state of haryana. at the counting held by the returning officer, the appellant secured 12,828 votes whereas respondent no. 1 khillan singh got 12,655 votes and one ramjilal got 12,213 votes. accordingly the appellant was declared as elected. aggrieved by the result of the election, khillan singh and ramjilal filed election petitions in the high court. in the course of the election petition, the appellant filed a recrimination petition in which one of the grounds related to the errors committed in the counting of votes of respondent no. 1. all the parties agreed that the court should order a recount and that the parties would be bound by the result of the recount. the recount was accordingly held as a result of which khillan singh respondent no. 1 got 12,751 i.e. the highest number of valid votes and the appellant got 12,698 votes. in view of the higher votes secured by khillan singh respondent no.l at the recount ordered by the high court, bis petition was allowed, the election of the appellant was set aside and khillan singh was declared as elected. this appeal is filed against the decision of the high court.2. in support of the appeal, mr. bhandare with the usual ingenuity pressed only one point before us. he submitted on the basis of the judgment of this court in jabar singh v. genda lal : [1964]6scr54 .....

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Oct 26 1983 (SC)

Motor General Traders and anr. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Decided on : Oct-26-1983

Reported in : 1983(2)SCALE513; (1984)1SCC222; [1984]1SCR594; 1984(16)LC6(SC)

..... (landlords) that if clause (b) of section 32 of the act was void then the entire act may be struck down so that all the tenancies may be regulated by contracts entered into by the parties in accordance with their free will. in other words it was submitted that even the limited operation of the rent control legislation in andhra pradesh ..... sale of building materials in a works contract was not subject to any levy of sales tax in another part of the same new state namely the area which was formerly part of the area known as state ..... contentions urged was that the levy of sales tax in the area which was formally known as vindhya pradesh (a part 'c' state) on building materials used in a works contract was discriminatory after the merger of that area in the new state of madhya pradesh which was formed on november 1,1956 under the states reorganisation act, 1956 as the .....

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Oct 25 1983 (SC)

Forasol Vs. Oil and Natural Gas Commission

Court : Supreme Court of India

Decided on : Oct-25-1983

Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)

..... in brazilian cruzeiros, which they purchased with french francs, their normal business currency. the hire under the charterparty was payable in u.s. dollars and the proper law of the contract was english law. in arbitration proceedings the owners admitted their liability to the charterers, but contended that payment should be made in cruzeiros. by then the value of the cruzeiros ..... on deferred basis for the import of plant, machinery, equipment and materials and execution of certain projects including oil exploration, and, accordingly, under article x-l.l of the said contract the french party, forasol, had agreed to accept on deferred basis payment of the amounts due to it in french francs. we have earlier referred to the relevant articles of ..... namely on december 21,1974 rate at the date of ff 1.000 = rs. 1.938 the decree, namely, on may 7. 1975 ______________________________________________________________________15. we shall first examine the said contract to determine whether the rate of conversion mentioned in the said article ix-3.1 applied only to 20 per cent of the amounts in french francs payable by ongc ..... payments on deferred basis upon the conditions laid down in the letters dated february 5, 1962, exchanged between the governments of india and france. consequently, in respect of the said contract, forasol had agreed under article x-1.1 thereof to accept payment of its fees, costs and charges payable in french francs on deferred basis under the overall conditions of .....

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Oct 20 1983 (SC)

Pandurang Dattatraya Khandekar Vs. Bar Council of Maharashtra, Bombay ...

Court : Supreme Court of India

Decided on : Oct-20-1983

Reported in : AIR1984SC110a; 1983(2)SCALE495; (1984)2SCC556; [1984]1SCR414

a.p. sen, j.1. the disciplinary proceedings out of which this appeal under section 38 of the advocates act, 1961 ('act' for short) has arisen were initiated on a complaint made by a group of 12 advocates practising in the two courts of sub-divisional magistrates in the collectorate of poona alleging various acts of professional misconduct against the appellant p.d. khandekar and one a.n. agavane. the proceedings stood transferred to the bar council of india under section 36b of the act. the disciplinary committee of the bar council of india by its order dated april 23, 1976 held both the appellant and a.n. agavane guilty of professional misconduct and directed that the appellant be suspended for a period of four months from june 1, 1976 and agavane for a period of two months therefrom. this court by its order dated september 24, 1976 admitted the appeal and stayed the operation of the suspension of order.2. first as to the facts. the complainants alleged various acts of professional misconduct against the appellant and agavane. according to them, the appellant and agavane sometimes impersonated as other advocates for whom the briefs were meant and at times they directly approached the clients and adopted questionable methods charging exorbitant fees. the state bar council referred to four specific charges relating to them, two of impersonation as a.d. ghospurkar and n.l. thatte and depriving these gentlemen of the briefs meant for them. the state bar council held that these .....

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