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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1966 Page 1 of about 48 results (0.057 seconds)

Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

Decided on : Jun-06-1966

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

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Oct 26 1966 (SC)

Commissioner of Income-tax, Madras Vs. Prithvi Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Oct-26-1966

Reported in : AIR1967SC853; [1967]63ITR632(SC); [1967]1SCR943

..... of life insurance possesses peculiar characteristics which do not exist in respect of other insurance businesses. firstly, the life insurance policies are not contracts of indemnity; they are forms of investments. other classes of insurance business are contracts of indemnity. secondly, the contract in the general insurance is generally annual, while in the case of life business the risk continues until death. unlike general insurance ..... contracts, the life contract, is made once and for all. the general insurance contracts, are in law, fresh contracts entered into at the time of each renewal. thirdly, life .....

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Oct 03 1966 (SC)

Srinivas Gupta Vs. Hindustan Commercial Bank Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1966

Reported in : [1967]37CompCas434(SC)

..... brothers for the sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel for the appellant has ..... not in our opinion enough to absolve the appellant of the liability which lay on him under clause 13 of the agreement. the liability under the contract of indemnity contained in that clause was to make good the loss to be caused to the bank in circumstances like the present to which clause 13 is ..... that the tins of ghee contained rotten ghee or water, the appellant became liable under the contract of indemnity contained in clause 13 of the agreement. under that clause it was his duty ,to see that goods pledged to the bank as security were not ..... has come before us.6. we are of opinion that there is no force in this appeal. clause 13 of the agreement is clearly a contract of indemnity by which the bank is indemnified in connection with certain matters mentioned therein. it has not been and cannot be disputed that when it was found ..... the bank then went in appeal to the high court. the high court allowed the appeal and held that clause 13 of the agreement was a contract of indemnity and mere execution of the two mortgages would not absolve the appellant of the responsibility that lay on him under clause 13. it further held that the .....

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Apr 07 1966 (SC)

Vithal Das Vs. Rupchand and ors.

Court : Supreme Court of India

Decided on : Apr-07-1966

Reported in : AIR1967SC188; 1966MhLJ1129(SC); [1966]SuppSCR164

..... advantage so gained, but subject to payment by such persons of their due shares of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.' 7. section 95 provides as follows : 'the person holding property in accordance with any of the ..... or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full ..... remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the ..... could only be awarded if there was a debt or a sum certain payable at a certain time or otherwise by virtue of some written contract and there must have been a demand in writing stating that interest will be demanded from the date of the demand. the same view has ..... in the first instanceito establish the existence of a state of circumstances which attracts the equitable jurisdiction, as, for example, the non-performance of a contract of which equity can give specific performance'.' 5. the decision of the judicial committee in bengal nagpur rly. co. ltd. v. ruttanji ramji 65 .....

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Mar 29 1966 (SC)

Ellerman and Bucknall Steamship Co. Ltd. Vs. Sha Misrimal Bherajee

Court : Supreme Court of India

Decided on : Mar-29-1966

Reported in : AIR1966SC1892; [1966]SuppSCR92

..... moneys against goods which were not the goods agreed to be sold and which were not consigned according to the contract. the very fact that the second defendants have obtained an indemnity for issuing the bills of lading without disclosing the real state of facts would show their consciousness that they ..... the ship owners had to make good the loss. the plaintiffs sued the defendants under the indemnity, the benefit of which had been assigned to them. the defendants refused to pay, alleging that the contract of indemnity was illegal, because it had as its object the making by the ship owners of a ..... obviously intended, in collusion with the seller, to enable him to operate upon the credit with the bank. this collusion is also apparent from the indemnity bond they took from the seller to guard themselves against the consequences of the said representation. all the elements of deceit are present. 26. the ..... the learned city civil judge reads : 'did the second defendant act bona fide throughout in issuing the bills of lading and in taking an indemnity from the shippers ?'. 10. the judgment of the learned city civil judge discloses that the question of misrepresentation by collusion was argued and the learned ..... in reused fibre drums. the bills of lading issued by the ship owners described the drums simply as drums. after taking a letter of indemnity to cover against any loss, the ship owners issued clean bills of lading. the seller negotiated the bills of lading with the marine midland trust .....

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Dec 12 1966 (FN)

ins Vs. Errico

Court : US Supreme Court

Decided on : Dec-12-1966

..... affirmed, and the court of appeals for the second circuit affirmed the board. 350 f.2d 279. the court agreed with the board of immigration appeals that a sham marriage contracted solely to circumvent the immigration laws would not confer nonquota status on an alien as the spouse of an american citizen. it also affirmed the ruling that mrs. scott was ..... given to conceal some factor that would bear on admissibility. 349 f.2d 541. we granted certiorari. 383 u.s. 941. petitioner scott in no. 91, a native of jamaica, contracted a marriage with a united states citizen by proxy solely for the purpose of obtaining nonquota status for entry into the country. she has never lived with her husband, and .....

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Dec 05 1966 (FN)

Walker Vs. Southern Railway Co.

Court : US Supreme Court

Decided on : Dec-05-1966

..... board is mandatory for all "minor" contractual disputes. if anything, this distinction weighs in favor of respecting congress' determination that disputes as to proper practices under a railroad labor contract be settled -- at least initially -- through direct negotiation between the affected parties, and, that failing, by adjustment board arbitration. the court's only rationale for refusing to take ..... allegedly owed him under the terms of a collective bargaining agreement which contained such a grievance procedure. we held that contract grievance procedures voluntarily incorporated by the parties in collective bargaining agreements page 385 u. s. 198 subject to the lmra, unless specified by the parties to be nonexclusive, ..... light of the federal policy reflected in the lmra of favoring such agreed-upon contract grievance procedures as the preferred method for settling disputes. the action was brought in an alabama state court by an employee of the republic steel corporation for severance pay ..... under that act, 379 u.s. at 379 u. s. 657 , n. 14, we granted certiorari, 384 u.s. 926. we reverse. maddox presented the question whether contract grievance procedures provided in a collective bargaining agreement subject to the labor management relations act, 1947, and culminating in binding arbitration might be sidestepped in favor of a lawsuit, in .....

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Dec 05 1966 (FN)

United States Vs. Acme Process Equipment Co.

Court : US Supreme Court

Decided on : Dec-05-1966

..... kind, either directly or indirectly, by or on behalf of a subcontractor, . . . (1) to any officer, partner, employee, or agent of a prime contractor holding a negotiated contract entered into by any department, agency, or establishment of the united states for the furnishing of supplies, materials, equipment or services of any kind whatsoever . . . as an inducement ..... the prime contractor rarely submits his bid until after he has tentatively lined up his subcontractors. indeed, as here, the subcontractors frequently participate in negotiation of the prime contract. the subcontractor's tentative bid will, of course, reflect the amount he contemplates paying as a kickback, and then his inflated bid will be reflected in the prime ..... the district court's opinion did indeed spur the comptroller general to recommend amendatory legislation, and, in 1960, the anti-kickback act was amended to apply to all "negotiated contracts." [ footnote 4 ] the civil provision of the amended act was made retroactive to allow government recovery of kickbacks "whether heretofore or hereafter paid or incurred by the subcontractor ..... of negotiation, two other developments took place. tucker obtained agreements from two other potential subcontractors to pay him commissions on any orders he could procure from acme. army contracting officers warned acme's president, joshua epstein, that tucker was suspected of having engaged in contingent-fee arrangements with other government contractors. page 385 u. s. 141 .....

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Dec 05 1966 (FN)

Transportation Union Vs. Union Pacific R. Co.

Court : US Supreme Court

Decided on : Dec-05-1966

..... to law and common sense evidentiary principles. the railroad's submission to the board, in demanding that notice be given the clerks' union (as it was), specifically invoked the clerks' contract, and stated that the relief sought by the telegraphers "would abrogate the agreement negotiated between the carrier and the clerks' organization. . . ." [ footnote 2/2 ] actually, the ..... bankruptcy court in reorganization proceedings. the passage from pitney quoted by the court merely states that the decision of the issue -- the interpretation of the conductors' collective bargaining contract -- had to be made in light of usage, practice and custom, and of other agreements between the railroad and the trainmen. indeed, the quotation from pitney recalls ..... lieu thereof) which the carrier had unilaterally allotted to another union, the clerks. the telegraphers complained to the railroad adjustment board. the board held that, under the contract between the telegraphers and the railroad, the telegraphers' members had a right to the jobs, and it ordered the carrier to make compensatory payments to the senior telegrapher ..... adjudicate a jurisdictional dispute involving the railroad and two employee accredited bargaining agents. . . .' our ground for this holding was that the court 'should not have interpreted the contracts,' but should have left this question for determination page 385 u. s. 164 by the adjustment board, a congressionally designated agency peculiarly competent in this field. 326 u.s .....

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Jun 20 1966 (FN)

City of Greenwood Vs. Peacock

Court : US Supreme Court

Decided on : Jun-20-1966

..... .s.c. 1981 (1964 ed.), which provides: "all persons within the jurisdiction of the united states shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white .....

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