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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1991 Page 1 of about 81 results (0.058 seconds)

Aug 14 1991 (SC)

Vania Silk Mills (P) Ltd. Vs. Commissioner of Income-tax, Ahmedabad [O ...

Court : Supreme Court of India

Decided on : Aug-14-1991

Reported in : AIR1991SC2104; (1991)3CompLJ124(SC); (1991)98CTR(SC)153; [1991]191ITR647(SC); JT1991(3)SC394; 1991(2)SCALE327; (1991)4SCC22; [1991]3SCR577

..... any right in it in favour of the insurance company. it is by virtue of the contract of insurance or of indemnity, and in terms of the conditions of the contract. under an insurance contract, the assured cannot claim more amount than the sum insured. the sum insured is the maximum liability of the ..... to the property, the insurance company takes over such property or whatever is left of it, does not change the nature of the insurance claim which is indemnity or compensation for the loss. the payment of insurance claim is not in consideration of the property taken over by the insurance company, for one is ..... property, there is no transfer of it in favour of a third party. the money received under the insurance policy in such cases is by way of indemnity or compensation for the damage, loss or destruction of the property. it is not in consideration of the transfer of the property or the transfer of ..... insured the machinery hired from the assessee, since it was liable to make good the loss of the machinery to the assessee. this is implied under a contract of bailment unless it is provided to the contrary. m/s. jasmine mills further admittedly paid the insurance amount pro rata to the assessee. in the ..... from m/s. jasmine mills was paid to it in satisfaction or in working out of its right, if any, to recover damages under law or contract for the loss or damage caused to the machinery. we do not see any difficulty in holding that it was an amount received by the assessee as .....

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Dec 16 1991 (FN)

Hilton Vs. South Carolina Public Railways Comm'n

Court : US Supreme Court

Decided on : Dec-16-1991

hilton v. south carolina public railways comm'n - 502 u.s. 197 (1991) october term, 1991 syllabus hilton v. south carolina public railways commission certiorari to the supreme court of south carolina no. 90-848. argued october 8, 1991-decided december 16, 1991 respondent south carolina public railways commission, a state agency that is a common carrier engaged in interstate commerce by railroad, was sued in state court under the federal employers' liability act (fe la) by its employee, petitioner hilton, who alleged that he was injured in the course of his employment as a result of the commission's negligence. in dismissing the complaint on the ground that fela does not authorize a damages action against a state agency, even if suit is maintained in a state forum, the trial court acknowledged that in parden v. terminal railway of alabama docks dept., 377 u. s. 184 , this court interpreted fela to permit such actions, but held that in effect parden had been overruled by subsequent decisions of the court. the south carolina supreme court affirmed. held: fela creates a cause of action against a state-owned railroad, enforceable in state court. pp.201-207. (a) absent sufficient, countervailing justifications for departing from precedent, the strong considerations favoring adherence to stare decisis in this case compel the court to reaffirm parden insofar as it held, 377 u. s., at 187-188, that when congress used the phrase "[e]very common carrier by railroad" to describe the .....

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Dec 10 1991 (FN)

General Motors Corp. Vs. Romein

Court : US Supreme Court

Decided on : Dec-10-1991

..... 1987 statute was enacted. moreover, petitioners' suggestion that we should read every workplace regulation into the private contractual arrangements of employers and employees would expand the definition of contract so far that the constitutional provision would lose its anchoring purpose, i. e., "enabl[ing] individuals to order their personal and business affairs according to their particular ..... regardless of the date the employee had been injured. the court also held that application of the coordination provisions to employees injured before 1982 did not violate the contract clause or the due process clause. after the decision in chambers, employers who had not coordinated benefits for employees injured before 1982 began to demand reimbursement from these ..... had withheld in reliance on a 1981 workers' compensation statute. petitioners challenge the provision of the statute mandating these retroactive payments on the ground that it violates the contract clause and the due process clause of the federal constitution. i since at least 1974, workers' compensation law in michigan has been the subject of legislative study ..... reduction in benefits could later be restored after the "benefit period" had closed. petitioners err in arguing that such a term is "incorporated" by law into the employment contracts, regardless of the parties' assent. michigan law does not explicitly imply a contractual term allowing an employer to depend on the closure of past disability compensation periods; and .....

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Dec 10 1991 (FN)

United States Vs. R. L. C.

Court : US Supreme Court

Decided on : Dec-10-1991

united states v. r. l. c. - 503 u.s. 291 (1991) october term, 1991 syllabus united states v. r. l. c. certiorari to the united states court of appeals for the eighth circuit no. 90-1577. argued december 10, 1991-decided march 24,1992 because certain conduct of respondent r. l. c. at age 16 would have constituted the crime of involuntary manslaughter under 18 u. s. c. 1112(a) and 1153 if committed by an adult, the district court held that he had committed an act of juvenile delinquency within the meaning of the juvenile delinquency act. in light of a provision of that act requiring the length of official detention in certain circumstances to be limited to "the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult," 5037(c)(i)(b), the court committed r. l. c. to detention for three years, the maximum sentence for involuntary manslaughter under 1112(b). reading 5037(c)(i)(b) to bar a juvenile term longer than the sentence a court could impose on a similarly situated adult after applying the united states sentencing guidelines, and finding that the guidelines would yield a maximum sentence of 21 months for an adult in r. l. co's circumstances, the court of appeals vacated his sentence and remanded for resentencing. held: the judgment is affirmed. 915 f.2d 320 , affirmed. justice souter delivered the opinion of the court with respect to parts i, ii -a, and iii, concluding: 1. plain-meaning analysis does not compel adoption .....

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Dec 09 1991 (FN)

Evans Vs. United States

Court : US Supreme Court

Decided on : Dec-09-1991

..... . 257 , 270 (1991) ("it goes without saying that matters of intent are for the jury to consider"). in this respect a prosecution under the statute has some similarities to a contract dispute, with the added and vital element that motive is crucial. for example, a quid pro quo with the attendant corrupt motive can be inferred from an ongoing course of ..... a. 2d 161, 166, in which a sanitary inspector was charged with extortion for accepting payments by a scavenger who held a garbage removal contract and who made payments in order to ensure the continuation of the contract, merely supports the proposition that extortion was not limited to the overpayment of fees. the common-law crime of extortion was broader than the .....

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Dec 09 1991 (FN)

Mccarthy Vs. Madigan

Court : US Supreme Court

Decided on : Dec-09-1991

mccarthy v. madigan - 503 u.s. 140 (1991) october term, 1991 syllabus mccarthy v. madigan et al. certiorari to the united states court of appeals for the tenth circuit no.90-6861. argued december 9, 1991-decided march 4,1992 while a federal prisoner, petitioner mccarthy filed a damages action under bivens v. six unknown fed. narcotics agents, 403 u. s. 388 , alleging that respondent prison officials had violated his eighth amendment rights by their deliberate indifference to his needs and medical condition resulting from a back operation and a history of psychiatric problems. the district court dismissed his complaint on the ground that he had failed to exhaust the federal bureau of prisons' administrative remedy procedure, which, inter alia, includes rapid filing and response timetables to promote efficient dispute resolution but does not provide for any kind of hearing or for the granting of any particular type of relief. the court then denied mccarthy's motion for reconsideration, rejecting his argument that exhaustion was not required because he sought only money damages, which the bureau could not provide. the court of appeals affirmed. held: exhaustion of the bureau of prisons' administrative procedure is not required before a federal prisoner can initiate a bivens action solely for money damages. pp. 144-156. (a) exhaustion serves the twin purposes of protecting administrative agency authority and promoting judicial efficiency. where congress specifically mandates, .....

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Dec 04 1991 (FN)

Estelle Vs. Mcguire

Court : US Supreme Court

Decided on : Dec-04-1991

estelle v. mcguire - 502 u.s. 62 (1991) october term, 1991 syllabus estelle, warden v. mcguire certiorari to the united states court of appeals for the ninth circuit no. 90-1074. argued october 9, 1991-decided december 4, 1991 respondent mcguire was found guilty in a california state court of the second-degree murder of his infant daughter, tori. among the prosecution's witnesses were two physicians, who testified that tori was a battered child who had suffered prior injuries. the battered child testimony revealed evidence of rectal tearing, which was at least six weeks old, and evidence of partially healed rib fractures, which were approximately seven weeks old. the trial court instructed the jury that the prior injury evidence could be considered for "the limited purpose of determining if it tends to show ... a clear connection between the other two offense[s] and the one of which [mcguire] is accused, so that it may be logically concluded that if the defendant committed other offenses, he also committed the crime charged in this case." the state court of appeal upheld the conviction, finding that the introduction of prior injury evidence was proper under state law to prove "battered child syndrome," which exists when a child has sustained repeated and/or serious injuries by nonaccidental means. subsequently, the federal district court denied mcguire's petition for habeas corpus. the court of appeals reversed, concluding that the trial was arbitrary and fundamentally .....

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Dec 02 1991 (FN)

Suter Vs. Artist M.

Court : US Supreme Court

Decided on : Dec-02-1991

..... (1970). as stated in pennhurst: "the legitimacy of congress' power to legislate under the spending power thus rests on whether the state voluntarily and knowingly accepts the terms of the 'contract.' there can, of course, be no knowing acceptance if a state is unaware of the conditions or is unable to ascertain what is expected of it. accordingly, if congress intends .....

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Nov 04 1991 (FN)

ins Vs. Elias-zacarias

Court : US Supreme Court

Decided on : Nov-04-1991

ins v. elias-zacarias - 502 u.s. 478 (1991) october term, 1991 syllabus immigration and naturalization service v. elias-zacarias certiorari to the united states court of appeals for the ninth circuit no. 90-1342. argued november 4, 1991-decided january 22,1992 respondent, a native of guatemala, was apprehended for entering the united states without inspection. in his deportation proceedings, the board of immigration appeals (bia) determined that he was ineligible for a discretionary grant of asylum. in reversing that determination, the court of appeals ruled that a guerrilla organization's acts of conscription constitute persecution on account of political opinion and that respondent therefore had a well-founded fear of such persecution. held: a guerrilla organization's attempt to coerce a person into performing military service does not necessarily constitute "persecution on account of ... political opinion" under 101(a)(42) of the immigration and nationality act, 8 u. s. c. 1l01(a)(42). even one who supports the political aims of a guerrilla movement might resist military combat and thus become the object of such coercion. moreover, persecution on ac count of political opinion is not established by the fact that the coercing guerrillas had "political" motives. in order to satisfy 101(a)(42), the persecution must be on account of the victim's political opinion, not the persecutor's. since respondent did not produce evidence so compelling that no reasonable factfinder could .....

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Oct 16 1991 (FN)

Wooddell Vs. Electrical Workers

Court : US Supreme Court

Decided on : Oct-16-1991

..... a contrary holding there would be "'[t]he possibility that individual contract terms might have different meanings under state and federal law [which] would inevitably exert a disruptive influence upon both the negotiation and administration of collective agreements.'" id., at ..... grievance and arbitration machinery, are to a large degree inevitably intertwined with union interests and many times precipitate grave questions concerning the interpretation and enforceability of the collective bargaining contract on which they are based." 371 u. s., at 200. in concluding that the employee's suit was one provided for by 301, we observed that under ..... conclude that the enforcement of the terms of union constitutions would contribute to labor stability, and that 301 should be enacted to provide "federal jurisdiction for enforcement of contracts made by labor organizations to counteract jurisdictional defects in many state courts that made it difficult or impossible to bring suits against labor organizations by reason of their status ..... on the charges. later, petitioner alleges, the union discriminated against him in job referrals in the operation of a hiring hall provided for in local 71's collective-bargaining contracts with electrical contractors. petitioner brought suit against *steven r. shapiro, john a. powell, and helen hershkoff filed a brief for the association for union democracy et al. .....

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