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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 2004 Page 1 of about 118 results (0.211 seconds)

Nov 23 2004 (SC)

Virendra Kumar Srivastava Vs. U.P. Rajya Karmachari Kalyan Nigam and a ...

Court : Supreme Court of India

Decided on : Nov-23-2004

Reported in : AIR2005SC411; 2005(1)AWC228(SC); 2005(2)ESC161; (2005)ILLJ544SC; 2004(9)SCALE623; (2005)1SCC149; 2005(2)SLJ80(SC); (2005)1UPLBEC503

..... or any person for the purpose of carrying out the objects of the corporation or furthering its interests and to obtain from such government of authority or person subsiding, loans, indemnities, grants, contract licences rights, concessions, privileges or immunities which the corporation may think it derisiable to obtain and exercise and comply with any such arrangements, rights privileges and concessions.x) to .....

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Aug 11 2004 (SC)

Pawan Kumar JaIn Vs. the Pradeshiya Industrial and Investment Corporat ...

Court : Supreme Court of India

Decided on : Aug-11-2004

Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366

..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....

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Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... by virtue of clause 6, the suit agreement ex.p1, forthwith stood cancelled, if that clause was meant for the benefit of both the parties to the contract. if the contract thus stood cancelled the suit for specific performance had necessarily to be dismissed.that suit for sanction, cs no.471 of 1977, was in fact prosecuted by the ..... elaborated hereinafter. 49. learned senior counsel shri soli j. sorabjee appearing for the subsequent vendee rested his argument on his main submission that the sale agreement was a contingent contract - the contingency named being sanction of the court which did not materialize. upon failure of that contingency, the agreement stood cancelled forthwith under clause (6) of the agreement ..... such interest being lawfully conveyed and accepted liability for payment of liquidated damages if it failed to obtain the sale deed after the sanction was obtained. plaintiff not having contracted with the reversioners to buy their interest, could not have secured the 'entire interest' in the property without an order of this court directing conveyance of the reversionary ..... of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. section 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the .....

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May 07 2004 (SC)

Jespar I. Slong Vs. State of Meghalaya and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3533; 2004(3)AWC2383(SC); III(2004)BC311; 2004(1)CTLJ527(SC); [2004(4)JCR130(SC)]; JT2004(5)SC104; 2004(5)SCALE724; (2004)11SCC485

..... . hence the possibility of the contractor defaulting in payment of lease amount is remote. be that as it may state may consider obtaining an indemnity bond from the successful bidder to indemnify the state government from any loss that it may suffer because of the act of the contractor apart ..... , irrational or irrelevant. the awarding of contracts by inviting tenders is considered to be one of the fair methods. if there are any reservations or restrictions then they should not be arbitrary ..... discussed in the said case do not apply to the facts of this case. 19. it goes without saying that the government while entering into contracts is expected not to act like a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary ..... in the earlier judgment considered the said value as reasonable value. it is the submission of the learned counsel that fixation of value of the contract is within the jurisdiction of the authorities concerned and the court ought not to have embarked upon the exercise of this nature with the limited ..... the bid offered by the 5th respondent herein was speculatory and predatory in nature. according to the learned judge the approximate value of the contract would have been only rs. 40,29,600/-which figure the learned judge arrived at by taking into consideration a report submitted by the .....

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May 07 2004 (SC)

Gajraj JaIn Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : 2004(5)ALLMR(SC)726; 2004(4)AWC2907(SC); III(2004)BC514; 2004(3)BLJR1780; [2004]121CompCas112(SC); [2004(4)JCR47(SC)]; 2004(5)SCALE693; (2004)7SCC151; [2004]52SCL746(SC)

..... but the third party on whom such right or benefit is conferred by the contract cannot sue under it. lastly, as stated above, a charge cannot be enforced against a bonafide purchaser for value (see: law of mortgage by ghose page 127). in the case ..... a mere undertaking to discharge an obligation or liability of the debtor may at the highest amount to indemnity, however, it is not enough to charge the property/fund with the debt. further, according to mulla and pullock on contract act (xii edition page 106), contracting parties may confer rights or benefits upon a third party in the form of promise to pay ..... have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to .....

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Nov 25 2004 (SC)

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Decided on : Nov-25-2004

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

shivaraj v. patil, j.1. in this appeal, the order dated 21.10.1998 made by the division bench of the high court in writ appeal no. 429 of 1998 is under challenge. parties are before this court for the third time in relation to the same subject matter.2. one fauzdar khan donated 5 bighas of land situated at hyderabad to one gunnaji, the ancestor of the respondent no. 1 for the purpose of construction of a temple, now known as sri jangli vittobha temple. gunnaji died and after his death, his sister suguna bai completed the construction of the temple. in 1939, one golakishan gir claiming himself to be the mutawalli of the temple, mismanaged its affairs. the government having come to know about the same, constituted a committee under rule 156 of andhra pradesh (telangana areas) wakf rules. manik rao, father of the respondent no. 1, applied to the registration officer in 1962 for transfer of towliatship of temple in his name. the registration officer (the assistant secretary of board of revenue) after holding inquiry by the order dated 15.1.1964 held that said manik rao was the rightful claimant to the towliatship and consequently ordered for amendment of column no. 11 of munthakab under section 36(c) of hyderabad endowment rules. aggrieved by this order, the temple committee filed an appeal to the director of endowments, who, by his order dated 29.10.1966, confirmed the aforementioned order dated 15.1.1964. the temple committee pursued the matter further by filing a revision .....

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Jan 05 2004 (SC)

National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297

..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....

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Dec 17 2004 (SC)

Shri Ashok Tanwar and anr. Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Decided on : Dec-17-2004

Reported in : AIR2005SC614; 2005(4)ALD34(SC); 2005(1)BLJR665; (SCSuppl)2005(2)CHN34; (2005)3CompLJ118(SC); I(2005)CPJ21(SC); 2005(1)CTC288; [2005(104)FLR523]; [2005(2)JCR143(SC)]; (2005)

shivaraj v. patil j.1. leave granted.2. a bench of three learned judges of this court made the following order of reference on 7th march, 2002: -'in the present case, under section 16 of the consumer protection act, the president of the state consumer disputes redressal commission has to be appointed in consultation with the chief justice of the state. the question which arises is whether consultation with an acting chief justice is sufficient compliance or not. this question involves interpretation of articles 217 and 223 of the constitution and as there is no decision of this court which can be applied in the present case, then by virtue of article 145(3) of the constitution this case involving the said question of law involving interpretation of the constitution should be heard by a bench of not less than five learned judges. let the papers be placed before the hon'ble the chief justice of india for appropriate orders for hearing of the case as expeditiously as possible and within a period of four months.'articles 217 to the extent relevant and 223 of the constitution of india read: -'217. appointment and conditions of the office of a judge of a high court. - (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, and shall hold office, in .....

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Nov 30 2004 (SC)

Association of Registration Plates Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-30-2004

Reported in : AIR2005SC469; 2005(1)CTC111; 2005(1)CTLJ14(SC); JT2004(10)SC147; 2004(10)SCALE60; (2005)1SCC679

..... detriment of public interest. undisputedly, the legal position which has been firmly established from various decisions of this court, cited at the bar (supra) is that government contracts are highly valuable assets and the court should be prepared to enforce standards of fairness on government in its dealings with tenderers and contractors.44. the grievance that ..... state authorities. the policy has been chalked out and the tender conditions have been formulated after joint deliberations of authorities of the state and the intending manufacturers. contract providing technical expertise, financial capability and experience qualifications with a long term of 15 years would serve a dual purpose of attracting sound parties to stake their money ..... its implementation, tender conditions encouraging such manufacturers who are in foreign collaborations cannot be held to be discriminatory to indigenous manufacturers. keeping in view the nature of the contract and job involved particularly its magnitude and the huge investment for infrastructure required, attempt to select such manufacturer - may be having collaboration with foreign companies and experience ..... , selection of one single manufacturer would ensure security aspects instead of more than one manufacturers operating from different points.29. with regard to 15 years long term contract, it is submitted that it is also in public interest. the manufacturer who has to stake the money would have to make huge investment by installing high .....

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Nov 19 2004 (SC)

Govt. of A.P. and anr. Vs. Syed Akbar

Court : Supreme Court of India

Decided on : Nov-19-2004

Reported in : AIR2005SC492; 2005(1)ALT36; 2004(5)CTC506; JT2004(10)SC569; 2004(9)SCALE553; (2005)1SCC558

shivaraj v. patil j.civil appeal no. 6546 of 19991. the state of andhra pradesh is in appeal questioning the validity and correctness of the impugned order made by the division bench of the high court in writ appeal no. 411 of 1998.2. the few facts which are relevant and necessary for the disposal of this appeal are the following:an extent of 1573 sq. yds. in survey no. 54/2 of kakaguda village in hyderabad district was acquired by the state for improvement of hyderabad-karimnagar- ramagundam road which included the land of the respondent to the extent of 8 guntas (968 sq. yds.). after completing the acquisition proceedings, the possession of the said land was taken. aggrieved by the amount of compensation determined @ rs. 1400 per sq. yds., the respondent sought reference under section 18 of the land acquisition act,1894 (for short 'the land acquisition act) seeking enhancement of compensation amount and the reference is pending disposal before the reference court.3. out of the land so acquired, only 424 sq. yds., of land was utilized and the rest of the land remained vacant. the resident engineer (roads & buildings) addressed a letter dated 27.12.1996 to the land acquisition officer (special collector) informing him that it was difficult to protect the unused land from future encroachment. having come to know about this letter, the respondent made representations to the district collector to re-assign unused land to him and that he was prepared to reimburse the compensation .....

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