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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: supreme court of india Year: 2007 Page 1 of about 138 results (0.108 seconds)

Apr 02 2007 (SC)

The Oriental Insurance Company Limited Vs. Meena Variyal and ors.

Court : Supreme Court of India

Decided on : Apr-02-2007

Reported in : 2007ACJ1284; AIR2007SC1609; 2007(3)ALD99(SC); 2007(3)AWC2116(SC); [2007]137CompCas116(SC); (2007)3GLR2356(SC); JT2007(5)SC65; (2007)2MLJ1330(SC); 2007(3)MPHT1(SC); 2007(5)S

..... with a claim for compensation under the act should ignore all basic principles of law in determining the claim for compensation. ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the act -- without any special contract -- since there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold that ..... which are involved are very finely drawn.19. in new india assurance co. ltd. v. rula and ors. : [2000]2scr148 , this court postulated that the contract of insurance in respect of motor vehicles has to be construed in the light of sections 146(1), 147(5) and 149(1) of the motor-vehicles act, ..... of the finding that the deceased was himself driving the vehicle belonging to his employer, the insurance company had no liability. there was no special contract and since it was only a policy in terms of the motor vehicles act, the insurance company cannot be asked to pay the amount awarded which ..... provided with a car by the employer. the vehicle was insured with the appellant company in terms of the motor vehicles act, 1988. there was no special contract. on 14.6.1999, the vehicle met with an accident. suresh chandra variyal, died. the widow and daughter of suresh chandra variyal, filed a claim .....

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Mar 21 2007 (SC)

Federal Bank Ltd. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Mar-21-2007

Reported in : [2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411

..... debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue;(e) carrying on and transacting every kind of guarantee and indemnity business;(f) managing, selling and realizing any property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims;(g)acquiring and ..... engage in any form of business other than those referred to in sub-section (1).section 8. prohibition of trading.- notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realization of security given to or held by ..... of receipts and discharges and otherwise acting as an attorney on behalf of customers, but excluding the business of a (managing agent or secretary and treasurer) of a company;(c) contracting for public and private loans and negotiating and issuing the same;(d) the effecting, insuring, guaranteeing, underwriting, participating in managing and carrying out of any issue, public or private, ..... or ancillary to such trade, commerce, manufacture, adventure or concern.(viii) 'dealer' means any person who carries on the business of buying, selling, supplying or distributing goods, executing works contract, transferring the right to use any goods or supplying by way of or as part of any service, any goods directly or otherwise, whether for cash or for deferred payment .....

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Mar 20 2007 (FN)

Travelers Casualty and Surety Co. of America Vs. Pacific Gas and Elec. ...

Court : US Supreme Court

Decided on : Mar-20-2007

..... claim, and with the knowledge and approval of the bankruptcy court, pg&e; agreed to insert language into its reorganization plan and disclosure statement to protect travelers right to indemnity and subrogation in the event of a default by pg&e.; travelers claims, however, that pg&e; then unilaterally altered the negotiated language in a way that substantially diminished ..... the debtor sought attorney s fees after the creditor unsuccessfully requested relief from the automatic stay under 11 u. s. c. 362(d)(1). the debtor acknowledged that the contract between the parties entitled only the creditor to attorney s fees, but the debtor claimed that a california statute extended that entitlement to both parties. the court rejected that ..... property. security mortgage co. v. powers , 278 u. s. 149 , 154 (1928). similarly, under the terms of the current bankruptcy code, it remains true that an otherwise enforceable contract allocating attorney s fees ( i.e. , one that is enforceable under substantive, nonbankruptcy law) is allowable in bankruptcy except where the bankruptcy code provides otherwise. see 4 collier on bankruptcy ..... alito delivered the opinion of the court. we are asked to consider whether federal bankruptcy law precludes an unsecured creditor from recovering attorney s fees authorized by a prepetition contract and incurred in postpetition litigation. the court of appeals for the ninth circuit held, based on a rule previously adopted by that court, that such fees are categorically .....

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Mar 15 2007 (SC)

Siddhivinayak Realities Pvt. Ltd. Vs. Tulip Hospitality Services Ltd. ...

Court : Supreme Court of India

Decided on : Mar-15-2007

Reported in : AIR2007SC1457; 2007(1)ARBLR503(SC); 2007(6)BomCR771; (2008)1CompLJ244(SC); JT2007(8)SC266; (2007)4MLJ772(SC); 2007(4)SCALE494; 2007(1)LC441(SC)

..... agreed to between the parties and the joint escrow agents were entrusted with certain specific functions under the agreement. the agreement between the parties and in particular the undertaking-cum-indemnity bond in favour of the joint escrow agents executed by the parties on 31st march, 2005 indicate that the decision as to whether any default had been committed by either ..... the question entrusted to the escrow agents jointly.32. an escrow arrangement is normally arrived at in order to safeguard the interest of the parties for the purpose of a contract and the escrow agents are normally persons who are trusted by the parties to act fairly and without bias notwithstanding their relationship with the respective parties. mr. singhvi does ..... respondents also indicated that they were unwilling to give consent to mr. bhatt's reinstatement as escrow agent along with mr. suresh talwar. the respondents also insisted that as the contract had been frustrated and/or rendered impossible to implement due to change in circumstances, the issues could not be resolved by the escrow agents. the respondents once again requested the ..... property. it was further stated that the action taken by nirmal lifestyle made it impossible for the respondent no.1 to proceed with its obligations under mapa and that the contract stood frustrated in view of such injunction. the respondents stated that they stood discharged from fulfilling their obligations under mapa and that the amounts received by the respondents from .....

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Mar 02 2007 (SC)

National Insurance Co. Ltd. Vs. Laxmi NaraIn Dhut

Court : Supreme Court of India

Decided on : Mar-02-2007

Reported in : II(2007)ACC28; 2007ACJ721; AIR2007SC1414; 2007(3)ALD112(SC); 2007(3)ALLMR(SC)834; 2007(2)BLJR1387; [2007]136CompCas678(SC); (2007)3GLR2565; [2008(1)JCR56(SC)]; 2007(4)MhLj3; 2007AIRSCW2279; 2007(3)SCC700; (2007)2SCC(Cri)142; 2007ACJII721; JT2007(4)SC69; 2007(3)KCCR1761; 2007(3)AIRKarR389

..... i am now deciding. the result of that is that i must come to the conclusion - however unfortunate - that in fact the benefit of the indemnity vested in the trustee, notwithstanding that the claim of caddy was not provable in the first bankruptcy.8. the third party rights against insurer's act, ..... the liability to whom is the event upon which the right of a bankrupt or of an insolvent company to payment of the sum covered by the contract arises, to be content with such share of the assets of the bankrupt or the company in liquidation as a pari passu distribution between creditors will ..... is a sum which the debtors, the company, have secured should be paid to them in certain events, but which has been secured by their own contract made with the insurance company, and not by any intervention of the creditor, mr. chaplin, although it was in consequence of an accident which he ..... proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover the amount paid under the contract of insurance on behalf of the insured can be taken recourse to by the tribunal and be extended to claims and defences of the insurer against the ..... 69 and 70 the principles were culled out in the following terms:the insurance company is required to prove the breach of the condition of the contract of insurance by cogent evidence. in the event the insurance company fails to prove that there has been breach of conditions of the policy on the .....

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Dec 14 2007 (SC)

Everest Wools Pvt. Ltd. and ors. Vs. U.P. Financial Corporation and or ...

Court : Supreme Court of India

Decided on : Dec-14-2007

Reported in : 2008(1)AWC834(SC); I(2008)BC594(SC); 2008BusLR121(SC); [2008]141CompCas361(SC); 2007(2)CTLJ451(SC); JT2008(1)SC140; 2007(14)SCALE445; 2008(1)SCC643; 2008(2)CivilLJ77; 2008(1)LH(SC)538; (2008)1SCC643

..... recalled not only because the appellants were defaulters but also on the allegation that they had purchased second hand plant and machinery from another financial institution in breach of the contract, which having been found to be wholly incorrect, it must be held that it had acted on extraneous consideration. so far as the picup is concerned, it was bound to ..... and machinery was that of a 'bailee' and as it has not been alleged that proper care thereof had not been taken as envisaged under section 151 of the indian contract act, 1872, the respondents are not liable to reimburse the appellants for the loss of articles. according to the learned counsel, even for the said purpose only a suit would .....

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Dec 14 2007 (SC)

Chinde Gowda Vs. Puttamma

Court : Supreme Court of India

Decided on : Dec-14-2007

Reported in : 2008(2)KarLJ460; 2007(14)SCALE607; AIRSCW268; 2008(1)LH(SC)408; ILR2008(1)Kar1163; 2008(4)KCCR2837; 2008(2)AIRKarR141

..... purchased the land from the grantee. the third party is not entitled to say that the conditions imposed by the grantor to the grantee were void. as far as the contract of sale is concerned, it was entered into between the government and the grantee and at that time the third-party purchaser had no interest in such transaction. of course .....

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Dec 13 2007 (SC)

Delhi Development Authority, N.D. and anr. Vs. Joint Action Committee, ...

Court : Supreme Court of India

Decided on : Dec-13-2007

Reported in : 2008AIRSCW762; AIR2008SC1343; 2008(2)CTLJ508(SC); 146(2008)DLT609(SC); 2007(14)SCALE507; (2008)2SCC672; 2008(1)LH(SC)583

..... parmar (supra), surcharge was a component of the disposal price. the disposal price was known to the registrants at the time of conclusion of contract. as the contract was found to be binding on the parties, levy of surcharge, thus, was held to be vitiated in law. 83. in this case, ..... by a large number of defaulters. the plea taken by dda gives rise to a dichotomy. if it is a case of contract qua contract, the provisions of the contract act must be taken recourse to. if dda was exercising a statutory power, the same must be tested on application of doctrine ..... the registrants are estopped and precluded from questioning the validity of the same. (vii) in a case of this nature where interpretation of clause of contract is involved, judicial review is not permissible.(viii) levy of surcharge for the subsidised schemes for weaker sections of the society having, inter alia, ..... purported cut-off date being 22.08.1996 creates a class between those whose allotments, although cancelled, had been restored on the terms of the contract and those who had applied for restoration thereafter.(viii) as policy did not prescribe any rational basis and the same having wrongly been applied, the ..... instalments of payment is sought for immediately after the allocation.(iv) restoration of allotment in the case of defaulter having been the subject-matter of contract, the terms and conditions thereof could not have been altered or modified by the authority unilaterally. (v) in any event, the impugned policy .....

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Dec 13 2007 (SC)

L.M.L. Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Dec-13-2007

Reported in : AIR2008SC1032; 2008(56)BLJR483; 2007(14)SCALE469; (2008)3SCC128; 2008AIRSCW599; 2008(1)LH(SC)392

..... also apply to commercial light, fan & power consumers (lmv-2) and power consumers of rate schedule lmv-6, subject to the condition that they opt for this rate schedule. the contracted demand shall be expressed in whole number only.2. ...3. ...4. rate of chargedescription demand charge energy chargea. basic rate rs. 130/- per p 390(applicable kva/ l paise/kwhto ..... to come into force from 09.08.2000, inter alia, providing for:rate schedule hv-2large and heavy power1. applicability:this rate schedule shall apply to all consumers who have contracted load of more than 75 kw (100 bhp) for industrial and/or processing purposes as well as to acr/induction, furnaces rolling/re-rolling mills, mini steel plants and to .....

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Dec 12 2007 (SC)

Deddappa and ors. Vs. the Branch Manager, National Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-12-2007

Reported in : 2008ACJ581; AIR2008SC767; 2008(1)ALLMR(SC)968; 2008(1)ALT38(SC); 2008(1)KLT296(SC); (2008)2MLJ575(SC); (2008)149PLR775; RLW2008(2)SC1354; 2007(14)SCALE257; (2008)2SCC595; (2008)1SCC(Cri)517; 2008(1)LH(SC)64; 2008(4)LH(SC)2402; ILR2008(2)Kar1397; 2008(2)KCCR598; 2008(1)AIRKarR485

..... brought to our notice that there is any other law enacted which stands in the way of an insurance company and the insured entering into a contract confining the obligation of the insurance company to indemnify to a particular head or to a particular amount when it relates to a claim for ..... by this court in new india assurance co. ltd. v. rula and ors. : [2000]2scr148 . it was held that ordinarily a liability under the contract of insurance would arise only on payment of premium, if such payment was made a condition precedent for taking effect of the insurance policy but such a condition ..... the motor vehicle to get the vehicle insured in so far as the claim of third party is concerned. the act does not deal with contract of insurance as such. contract of insurance is governed by the insurance act, 1938 (for short 'the 1938 act'). 14. section 64-vb of the 1938 act ..... rs.1,58,000/- with interest @ 12% per annum holding that the insurer was liable to pay the said awarded amount despite cancellation of the contract of insurance. as noticed hereinbefore the high court of karnataka on an appeal preferred by the first respondent herein allowed the same relying on the judgment of ..... see colinvaux's law of insurance, 7th edn., para 2- 01.) a policy of insurance has therefore to be construed like any other contract. on a construction of the contract in question it is clear that the insurer had not undertaken the liability for interest and penalty, but had undertaken to indemnify the employer only .....

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