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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 1998 Page 1 of about 80 results (0.085 seconds)

Jul 22 1998 (SC)

M/S. Road Transport Company Vs. Bhan Singh and Another

Court : Supreme Court of India

Decided on : Jul-22-1998

Reported in : II(1998)ACC190; 1998ACJ1101; 1998VAD(SC)316; AIR1998SC2487; 1998(4)ALT26(SC); 1998(3)BLJR1603; [1999]95CompCas4(SC); JT1998(5)SC142; (1999)121PLR50; RLW1999(1)SC47; 1998(4)

..... we have set out above also makes it clear that it was in consideration of an additional premium of rs. 300 that the insurance company had undertaken to indemnity the insured against his liability in respect of passengers to the extent of rs. 5,000 for each passenger and rs. 75,000 in all. it is ..... raised on behalf of the appellant that the additional premium of rs. 300 was paid for covering higher than the statutory liability. there was no special contract to cover unlimited liability in respect of the passengers.28. as we do not find any substance in any of the two contentions raised on behalf of ..... other man a person excluded under section ii-i(b) being carried in or upon or entering or mounting or alighting from the motor vehicle but such indemnity is limited to the sum of rs. 5,000 in respect of any one person and subject to the aforesaid limit in respect of any one person ..... limits, namely-(a)... (b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment,- (1) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all; (ii) in respect of ..... additional premium of rs. 300 was paid as it was a passenger bus having capacity of carrying 50 passengers. it held that mere was no special contract between the appellant-company and the insurance company to cover unlimited liability in respect of the passengers. in support of this view it also relied upon the .....

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Mar 17 1998 (SC)

Amrit Lal Sood and anr. Vs. Smt. Kaushalya Devi Thapar and ors.

Court : Supreme Court of India

Decided on : Mar-17-1998

Reported in : I(1998)ACC332; 1998ACJ531; 1998IVAD(SC)23; AIR1998SC1433; 1998(2)ALLMR(SC)684; [1998]92CompCas305(SC); (1998)2GLR1788(SC); JT1998(2)SC484; (1998)IIIMLJ45(SC); (1998)119PLR6

..... will indemnify any driver who is driving the motor car on the insured order or with his permission provided that such driver(a) is not entitled indemnity under any other policy(b) shall as though he were the insured observe fulfil and be subject to the terms exceptions conditions and limitations of ..... wider terms appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause.thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... the course of the judgment, the court said:'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or part ..... for hire or reward and the insurer cannot be held liable under the act. but that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers could also be covered. in such ..... record to be sufficient to support the award of enhanced compensation.4. the liability of the insurer in this case depends on the terms of the contract between the insured and the insurer as evident from the policy. section 94 of the motor vehicles act, 1939 compels the owner of a motor .....

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Dec 17 1998 (SC)

Shriram Mandir Sansthan Alias Shri Ram Sansthan Pusda Vs. Vatsalabai a ...

Court : Supreme Court of India

Decided on : Dec-17-1998

Reported in : AIR1999SC520; 1999(1)ALLMR(SC)241; JT1998(8)SC623; 1998(6)SCALE605; (1999)1SCC657; [1998]Supp3SCR585

..... :37. save as provided in this act, the rights and privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a, court or otherwise, howsoever, shall not be limited or abridged.13. therefore, in the case of tenancies of such trusts, preservation of rights and .....

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Dec 14 1998 (SC)

Ferro Alloys Corporation Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Dec-14-1998

Reported in : 1999(63)ECC8; 1999(105)ELT4(SC); JT1998(8)SC544; 1998(6)SCALE551; (1999)2SCC198; [1998]Supp3SCR541

..... of the charge chrome was occasioned by the charge chrome agreements.16. richco was not an intermediary in the sense that it was not the contract of sale of the charge chrome by richco to the ultimate buyer which occasioned the export. the charge chrome having been exported by the appellants ..... found to have met the contractual specifications, which was abroad. these provisions in the charge chrome agreements indicate not only that they were the contracts of sale of the charge chrome but also that the sale of charge chrome thereunder was a sale to richco abroad and, therefore, that the ..... of credit in favour of appellants as therein set out. clause 4 of the standard terms stated :'a. should any consignments shipped under this contract fall below the contractual specifications, the buyers reserve the right to reject and revert the material to the sellers or to accept such consignment or ..... the charge chrome was earmarked was primarily japan and any balance would be earmarked for consumers in the rest of the world. for long term contracts with major consumers the appellants would have the right to participate in negotiations so as to enable them to plan their production programme and delivery schedule ..... appointed 'richco as the sole and exclusive purchaser worldwide for all the charge chrome produced at the plant during the run-up and throughout the contract period and richco shall be entitled to re-sell the same for its own account'. the appellants undertook with richco that in each year .....

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Dec 09 1998 (SC)

Raunaq International Limited Vs. I.V.R. Construction Ltd. and ors.

Court : Supreme Court of India

Decided on : Dec-09-1998

Reported in : AIR1999SC393; 1999(1)ALLMR(SC)634; 1999(1)ARBLR431(SC); JT1998(8)SC411; 1998(6)SCALE456; (1999)1SCC492; [1998]Supp3SCR421; 1999(1)LC600(SC)

..... stay order or injunction order, if issued, must be moulded to provide for restitution.19. a somewhat different approach may be required in the cases of award of a contract by the government for the purchase of times for its use. judicial review would be permissible only on the established grounds for such review including mala fides, arbitrariness or unreasonableness ..... conclusion that there is an overwhelming public interest in entertaining the petition, the court should intervene.14. where there is an allegation of mala fides or an allegation that the contract has been entered into for collateral purposes, and the court is satisfied on the material before it, that the allegation needs further examination, the court would be entitled to ..... a public purpose, such as, construction of roads, public buildings, power plants or other public utilities. (3) the public would be directly interested in the timely fulfilment of the contract so that the services become available to the public expeditiously. (4) the public would also be interested in the quality of the work undertaken or goods supplied by the tenderer ..... goods or services offered are of the requisite specifications; (3) whether the person tendering has the ability to deliver the goods or services as per specifications. when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial ability of the tenderer to fulfil the requirements of the job is also important; (4 .....

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Dec 02 1998 (SC)

indu Kakkar Vs. Haryana State Industrial Development Corporation Ltd. ...

Court : Supreme Court of India

Decided on : Dec-02-1998

Reported in : 1998IXAD(SC)43; AIR1999SC296; 1999(1)CTC15; JT1998(8)SC294; (1999)IMLJ132(SC); (1999)121PLR739; 1998(6)SCALE387; (1999)2SCC37; [1998]Supp3SCR277

..... liabilities. on the other hand rights under a contract are assignable unless the contract is personal in its nature or the rights are incapable of assignment either under the law or under an agreement between the parties.' ..... assignments. as a rule obligations under a contract cannot be assigned except with the consent of the promise, and when such consent is given, it is really a novation resulting in substitution of ..... at p. 1817 of air) :'the law on the subject is well settled and might be stated in simple terms. an assignment of a contract might result by transfer either of the rights or of the obligations thereunder. but there is a well-recognised distinction between these two classes of ..... rule applies both at the common law and in equity (vide para 337 of halsburys laws of england, fourth edition, part 9). where a contract involves mutual rights and obligations as assignee of a right cannot enforce that right without fulfilling the co-relative obligations. the aforesaid principle has been ..... view second plaintiff has no locus standi to question the validity of order resuming the plot. there have been no privity of contract between second plaintiff and hsidc. contract was between allottee and hsidc and the same was subject to fulfilment of certain terms and conditions by the allottee. since the .....

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Nov 27 1998 (SC)

Smt. Mallawwa Etc. Vs. the Oriental Insurance Co. Ltd. and ors.

Court : Supreme Court of India

Decided on : Nov-27-1998

Reported in : I(1999)ACC112; 1999ACJ1; AIR1999SC589; 1999(47)BLJR1; [1999]95CompCas629(SC); JT1998(8)SC217; 1999(2)KLT9(SC); (1999)IMLJ87(SC); (1999)121PLR1; RLW1999(2)SC214; 1998(6)SCAL

..... for all passengers and, therefore, it was provided that 'passengers are carried for g hire or reward or by reason of or in pursuance of a contract of employment. thus, the confinement of the operation of the main provision was in respect of vehicles and also passengers. and that was consistent with the ..... application to that vehicle which is 'a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment'. in the first instance, p the vehicle had to be a vehicle of that class in which passengers were carried. if that was ..... hire or reward or by reason of or in pursuance of a contract of employment or otherwise. that is the reason why there is a reference to different classes of vehicles in proviso (i). it refers to 'vehicle', ..... to cases where 'the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment'. in absence of the proviso the main provision would have included all classes of vehicle including goods vehicles and all passengers whether carried for ..... own responsibility, insurance company is not liable; (2) in case of passengers carried for hire or reward or by reason of or in pursuance of a contract of employment in any vehicle, the insurance company is liable (this would include owner of the goods as well as his employees); (3) the insurer .....

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Nov 19 1998 (SC)

M/S. Rickmers Verwaltung Gmb H Vs. the Indian Oil Corporation Ltd.

Court : Supreme Court of India

Decided on : Nov-19-1998

Reported in : AIR1999SC504; 1999(1)ARBLR1(SC); (1999)1CompLJ13(SC); JT1998(8)SC85; 1999(2)KLT25(SC); (1999)IMLJ62(SC); (1999)121PLR842; 1998(6)SCALE197; (1999)1SCC1; [1998]Supp3SCR42

..... correspondence exchanged between the parties, the learned single judge on october 17,1996, vide the order impugned herein, held that no concluded, enforceable and binding contract came into existence between the parties and as such clause s3 of the charter party 'agreement' relating to arbitration had no existence in the eye of law. issue ..... the other hand, no arbitration agreement had been executed between the parties and that the contemporaneous correspondence exchanged between the parties had also not brought about any enforceable contract between them because the fundamental conditions of the terms of the bargain were neither agreed upon nor fulfilled by the parties.6. after referring to various documents and ..... contents of the aforesaid two documents, which were fundamental to arrive at a working relationship between the parties, the claim of the appellant regarding the conclusion of the contract between them was not maintainable. the first respondent also questioned the jurisdiction of the indian council of arbitration to decide whether or not an arbitration agreement exists between ..... receipt of the communication from the indian council of arbitration, the first respondent informed the indian council of arbitration (second respondent) that there did not exist any binding contract between the first respondent and the appellant, much less any binding agreement of refer any dispute between the parties to arbitration according to the rules of the arbitration of .....

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Nov 19 1998 (SC)

Indian Poultry and ors. Vs. Sales Tax Officer, Rajnandgaon and ors.

Court : Supreme Court of India

Decided on : Nov-19-1998

Reported in : (1999)9SCC162; [1999]1999STC507(SC)

..... ; and also includes all growing crops, grass, trees, plants and things attached to, or forming part of, the land which are agreed to be severed before sale or under the contract of sale;' by reason of section 6(2)(a) a concessional rate of tax is payable on the sales of goods specified in schedule ii if they are to be .....

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Oct 09 1998 (SC)

Life Insurance Corporation of India and anr. Vs. Shri Dharam Vir Anand

Court : Supreme Court of India

Decided on : Oct-09-1998

Reported in : 1999ACJ84; [1998]94CompCas663(SC); JT1998(7)SC167; 1999(2)KLT20a(SC); (1999)121PLR328; 1998(5)SCALE584; (1998)7SCC348; [1998]Supp2SCR295; 1999(1)LC56(SC)

..... to the date of the issue of the policy the proviso contained in clause 4-b cannot be operated at all. when parties had agreed to the terms of the contract it is impermissible to hold that a particular term was never intended to be acted upon. the proviso to clause 4-b will have its full play if the expression ..... did not commit any error in allowing the claim of the respondent.8. having examined the rival submissions and having examined the policy of insurance which is nothing but a contract between parties and having considered the expressions used in clause 4-b of the terms of policy we are persuaded to accept the submissions made by mr. salve, the learned ..... senior counsel appearing for the appellant. in construing a particular clause of the contract it is only reasonable to construe that the words and the terms used therein must be given effect to. in other words one part of the ..... contract cannot be made otiose by giving a meaning to the policy of the contract. then again when the same clause of a contract uses two different expressions, ordinarily those different expressions convey different meaning and both the expressions cannot be held to .....

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