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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 6 of about 57 results (0.088 seconds)

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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Feb 02 1983 (SC)

State of Punjab Vs. Mohinder Singh

Court : Supreme Court of India

Decided on : Feb-02-1983

Reported in : 1983(1)Crimes735(SC); 1983(1)SCALE112a; (1983)2SCC274

order1. the appellant has been convicted under section 302 ipc and sentenced to imprisonment for life. he has also been convicted under section 25 and 27 of the arms act and sentenced to three months rigorous imprisonment. after going through the evidence of the two doctors it is clear that the accused was suffering from schizophrenia which is one form of insanity. the doctor had examined accused a little before as also a little after the occurrence and he was found insane the detailed reasons given by both dr. harbans lai and dr. rim kumar have been corroborated by each other. from the evidence also it is clear that he was talking in a very unusual manner saving things to the effect that he had seen lord shiva in front of him and the like. it cannot be said that the finding of the high court was wrong in view of these circumstances we are not in a position to take a different view particularly when the appellant was suffering from schizophrenia. the appeals are accordingly dismissed.

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Jan 27 1983 (SC)

State of Gujarat and anr. Vs. Raman Lal Keshav Lal Soni and ors.

Court : Supreme Court of India

Decided on : Jan-27-1983

Reported in : AIR1984SC161; 1983(31)BLJR97; (1983)1GLR708; 1983LabIC391; (1983)ILLJ284SC; 1983(1)SCALE66; (1983)2SCC33; [1983]2SCR287; 1983(1)SLJ268(SC)

1. the attitude of the state of gujarat in these cases has indeed left us puzzled and wondering. on the one hand, there are lakhs of employees working under various panchayat institutions, call them government servants or no, to whom the benefits of the recommendations of the two pay commissions, the sarela and the desai commissions, have been extended, while on the other hand, there is a microscopic number (comparatively) of about six thousand employees of the lowest category, also working under panchayats institutions, who are denied the benefits of those recommendations, on the sole ground of a birth-mark, if we may so call it, since they are denied the benefits because before they came to work under the panchayat institutions, they were employed in municipalities while the others were government servants to start with. the unfairness and the injustice of the distinction is patent, whatever legal justification may be put forward. surely, the state, dedicated as it is to socialism, equality and economic justice and enjoined by the directive principles to secure the right to work, a living wage, equal pay for equal work and so on cannot make such a distinction. but the distinction has been made; it is sought to be sustained by those making it and we are constrained to examine whether there is any constitutional or other legal sustenance for the distinction. we did request the counsel for the state of gujarat to communicate with his clients to find out if the benefits cannot .....

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Jan 20 1983 (SC)

Sanjit Roy Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-20-1983

Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271

..... not willingly but as a result of force or compulsion and the same would be the position even if forced labour supplied by a person has its origin in a contract of service. the court then considered whether there would be any breach of article 23 when a person provides labour or service to the state or to any other person .....

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Jan 14 1983 (SC)

Munshi Ram Vs. Narsi Ram and anr.

Court : Supreme Court of India

Decided on : Jan-14-1983

Reported in : AIR1983SC271; 1983(1)SCALE11; (1983)2SCC8; [1983]2SCR233

..... sought to be right is founded impeached, physical possession on law or gene- of the whole or part of the ral usage or on property sold, or where the special contract subject matter of the sale does not admit of physical posses- sion of the whole or part of the property, when the instrument of sale is registered.'5. that application .....

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Jan 11 1983 (FN)

Director, Owcp Vs. Perini North River Assocs.

Court : US Supreme Court

Decided on : Jan-11-1983

..... purposes involved the elimination of a strict liability unseaworthiness remedy against a vessel owner afforded to longshoremen by seas shipping co. v. sieracki, 328 u. s. 85 (1946), and an indemnity claim against the stevedore by the vessel owner afforded by ryan page 459 u. s. 322 stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 (1956). ..... (brandeis, j., dissenting). [ footnote 2/15 ] in explaining why the holding in rohde was consistent with jensen and subsequent cases, the court stated: "in each of them, the employment or contract was maritime in nature, and the rights and liabilities of the parties were prescribed by general rules of maritime law essential to its proper harmony and uniformity. here, the parties ..... 1972 legislative history. [ footnote 2/13 ] the court reasoned: "the work of a stevedore in which the deceased was engaging is maritime in its nature; his employment was a maritime contract; the injuries which he received were likewise maritime; and the rights and liabilities of the parties in connection therewith were matters clearly within the admiralty jurisdiction." "if new york can ..... page 459 u. s. 300 coverage under the amended lhwca. accordingly, we reverse the decision below. i the facts are not in dispute. respondent perini north river associates (perini) contracted to build the foundation of a sewage treatment plant that extends approximately 700 feet over the hudson river between 136th and 145th streets in manhattan. the project required that perini .....

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