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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 12 of about 118 results (0.089 seconds)

Jan 13 2004 (SC)

Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai and anr.

Court : Supreme Court of India

Decided on : Jan-13-2004

Reported in : AIR2004SC1815; 2004(176)ELT24(SC); JT2004(1)SC232; 2004(1)SCALE341; (2004)3SCC214

..... such building, is suggestive of the state's policy of protecting tenants because of the great difficulty of their obtaining alternative accommodation.18. in our opinion, in the field of contracts the state and its instrumentalities ought to so design their activities as would ensure fair competition and non-discrimination. they can augment their resources but the object should be to ..... law is settled that the state and its authorities including instrumentalities of states have to be just, fair and reasonable in all their activities including those in the field of contracts. even while playing the role of a landlord or a tenant, the state and its authorities remain so and cannot be heard or seen causing displeasure or discomfort to article .....

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Jan 09 2004 (SC)

Firm Ashok Traders and anr. Etc. Vs. Gurumukh Das Saluja and ors. Etc.

Court : Supreme Court of India

Decided on : Jan-09-2004

Reported in : AIR2004SC1433; 2004(1)ARBLR141(SC); 2004(2)AWC949(SC); (2004)2CompLJ419(SC); 2004(2)CTC208; JT2004(2)SC352; 2004(3)MhLj592; 2004MPLJ266(SC); (2004)137PLR526; 2004(1)SCALE29

..... terms thereof because the award crystallises the rights of the parties and what is being enforced at that stage is not any right arising from the objectionable contract. none of the cases throws any direct light on the issue at hand, rather, the undercurrent of dictum in kamal pushpa enterprises lends support to the ..... c act. the relief sought for in an application under section 9 of a & c act is neither in a suit nor a right arising from a contract. the right arising from the partnership deed or conferred by the partnership act is being enforced in the arbitral tribunal; the court under section 9 is only ..... to this topic. for the moment suffice it to say that the right conferred by section 9 cannot be said to be one arising out of a contract. the qualification which the person invoking jurisdiction of the court under section 9 must possess is of being a 'party' to an arbitration agreement, a ..... the bar enacted by sub-sections (1) and (2) applies also to a claim of set-off or 'other proceedings to enforce a right arising from a contract' which, in the submission made by the learned counsel for groups 'b' and 'c', includes a proceeding commencing on an application under section 9 of the a ..... was filed. group '8' contested the application on all possible grounds. the factum of group 'a' being partners of the firm so far as the contract for the year 2003-04 is concerned was vehemently denied. it was reiterated that the application was hit by section 69(3) of the partnership act and hence .....

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Jan 08 2004 (SC)

Reema Aggarwal Vs. Anupam and ors.

Court : Supreme Court of India

Decided on : Jan-08-2004

Reported in : AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199

..... , known and recognized as purposive construction has to come into play in a case of this nature. the absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabitate with such woman, in the purported exercise of his role and status as 'husband' is no ground to exclude them from the purview of section 304b ..... to a woman whose marriage is void and not a valid marriage in the eye of law.9. the marriages contracted between hindus are now statutorily made monogamous. a sanctity has been attributed to the first marriage as being that which was contracted from a sense of duty and not merely for personal gratification. when the fact of celebration of marriage is .....

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Jan 07 2004 (SC)

Bharat Hydro Power Corpn. Ltd. and ors. Vs. State of Assam and anr.

Court : Supreme Court of India

Decided on : Jan-07-2004

Reported in : JT2004(1)SC63; 2004(1)SCALE211; (2004)2SCC553

..... 20th december, 1995, appellant no. l filed a suit being ts no. 244/96 in the court of the assistant district judge no. l, guwahati for specific performance of the contract against the board alleging that the board was remiss in the performance of its obligation under the mou and the deed of assignment. board filed an application for stay of ..... in the war 1986, but due to the failure of the local contractor, the project could, not be completed and the board terminated the contract and protracted litigation ensued. 3. in the year 1992, after termination of the contract as aforesaid, the project was entrusted to national project construction corporation (in short 'npcc'), but the similar fate followed and board had to ..... terminate their contract as well in december, 1992. in the mean time, cost of the project initially sanctioned at rs. 36.36 crores rose to rs. 189.90 crores. out of the aforesaid .....

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Jan 06 2004 (SC)

National Insurance Co. Ltd. Vs. Baljit Kaur and ors.

Court : Supreme Court of India

Decided on : Jan-06-2004

Reported in : I(2004)ACC259; 2004ACJ428; AIR2004SC1340; 2004(1)ALD98(SC); 2004(5)ALLMR(SC)238; 2004(2)ALT33(SC); 2004(1)AWC565(SC); (SCSuppl)2004(4)CHN134; [2004]118CompCas435(SC); 2004(

..... was not the intention of the legislature to provide for the liability of the insurer with respect to passengers, especially gratuitous passengers, who were neither contemplated at the time the contract of insurance was entered into, nor any premium was paid to the extent of the benefit of insurance to such category of people.21. the upshot of the aforementioned discussions ..... upon an owner of the vehicle to compulsorily insure it so as to cover the liability in respect of a person who was travelling in a vehicle pursuant to a contract of employment in terms of proviso (ii) appended to section 95 of the 1939 act does not occur in section 147 of the 1988 act. the changes effected in the .....

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Jan 05 2004 (SC)

Chairman and M.D., N.T.P.C. Ltd. Vs. Reshmi Constructions, Builders an ...

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : AIR2004SC1330; 2004(2)ALD1(SC); 2004(1)ARBLR156(SC); (2004)2CALLT1(SC); 2004(1)CTC445; JT2004(1)SC1; 2004(1)KLT1065(SC); 2004(1)SCALE70; (2004)2SCC663

..... [p.k. ramaiah and company (supra) and nathani steels (supra)] would show that the decisions therein were rendered having regard to the finding of fact that the contract agreement containing the arbitrator clause was substituted by another agreement. such a question has to be considered and determined in each individual case having regard to the fact situation obtaining ..... estoppels by the acceptance of benefits: estoppels is frequently based upon the acceptance and retention, by one having knowledge or notice of the facts, of benefits from a transaction, contract, instrument, regulation which he might have rejected or contested. this doctrine is obviously a branch of the rule against assuming inconsistent positions.as a general principle, one who ..... workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawing, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works; or the execution or failure to execute the same whether arising during the progress ..... the alleged final bill under coercions, under undue influence and under protest only without prejudice to our rights and claims whatsoever. there is no accord and satisfaction between the contracting parties.you are therefore requested to kindly pass the final bill incorporating all the measurements of the items such as sinkage, in and under water execution of works, .....

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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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Jan 05 2004 (SC)

Food Corporation of India and ors. Vs. Babulal Agrawal

Court : Supreme Court of India

Decided on : Jan-05-2004

Reported in : 2004(2)ALD66(SC); 2004(5)ALLMR(SC)574; 2004(2)AWC1571(SC); JT2004(1)SC220; (2004)2MLJ57(SC); (2004)137PLR72; 2004(1)SCALE158; (2004)2SCC712

..... is , instituted occurs or (where the breach is continuing) when it ceases.'in the case in hand, as indicated above, the notice terminating the contract is dated 26.9.1988 saying that 'we are going to vacate your above plinths by october 10,1988'. the plaintiff replied to the notice saying ..... specifications of the defendant. for raising the construction the plaintiff had raised loans from the bank. everything happened in accordance with the terms of the contract except that the period of tenancy was interdicted before three years of taking over of the possession by the defendant. it may be observed that ..... the defendant could not back out from the promise held out and cannot escape when the liability for damages for breach of the terms of the contract.7. we may, however, point out that the learned counsel for the defendant-appellant has laid much emphasis mainly on three points. the first ..... conclusion that once the plaintiff had performed his part of the contract and altered his position, namely, having constructed the plinth according to specification of defendant, on a condition given out by the defendant that on completion ..... trial court has recorded findings in affirmative but in respect of issue no. 3 it has been further held that there was a breach of contract on the part of the defendant. the trial court has made a detailed discussion while recording the findings as indicated above and came to a .....

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