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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1994 Page 1 of about 58 results (0.054 seconds)

Sep 30 1994 (SC)

Life Insurance Corporation of India Vs. Vishwanath Verma and Others

Court : Supreme Court of India

Decided on : Sep-30-1994

Reported in : AIR1995SC189; [1995]82CompCas191(SC); JT1994(6)SC379; 1994(4)SCALE364; 1994Supp(3)SCC569; [1994]Supp4SCR87; 1995(1)LC200(SC)

..... a term dependent on human life and shall be deemed to include -(a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance,(b) the granting of annuities upon human life; and(c) the granting of superannuation allowances and annuities payable out ..... before expiration of one year and to renew and extend the insurance during successive years if required premiums were paid was held to be a contract of insurance for the term of one year only, with provisions for renewal for successive years.(vi) advance insurance, i.e. insurance providing ..... business was nationalised in 1956 by establishing the life corporation of india.19. as the statement of objects and reasons clearly points out all the contracts for assurance executed by the corporation are guaranteed by the central government. that is also evident from section 37 of the act. if, therefore, ..... , in chandulal harjivandas v. commissioner of income-tax, gujarat : [1967]63itr627(sc) it was observed:life insurance is a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of ..... of such persons.11. life insurance is a promise to pay a certain sum upon the death of the assured. life insurance is a contract whereby the insured agrees to pay certain sums, called premiums, at specified times, and in consideration thereof the insurer agrees to pay certain sums .....

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Jul 15 1994 (SC)

State Trading Corporation of India Ltd. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Jul-15-1994

Reported in : 1994(72)ELT797(SC); JT1994(4)SC528; 1994(3)SCALE292; 1994Supp(3)SCC40; 1994(2)LC493(SC)

..... buyers and the appellant claiming reimbursement from the indian suppliers for the loss sustained by it on account of such claim for damages on the basis of the indemnity clause contained in the contract between the indian suppliers and the appellant. we make it clear that the observations of the high court referred to above will not preclude the appellant from making ..... appellant to raise this question in the event of such a contingency arising in future.11. we, however, find that the question as to the applicability of the indemnity clause in the contract between the indian suppliers and the appellant to claims by the foreign buyers against the appellant was not specifically raised before the high court and the high court has ..... . the learned additional solicitor general, in support of the appeals, has raised the said question and has urged that in spite of the frustration of the contract between the appellant and the foreign buyers the indemnity clause between the indian suppliers and the appellant remain operative and in the event of the appellant being held liable for damages in a claim by ..... the local suppliers with the appellant in accordance with the scheme canalisation of export of silver, there is following provision relating to indemnity:any cess, duty, rate to tax, whatsoever, payable in respect of any transaction covered by this contract shall be borne by the supplier. the supplier hereby indemnifies the stc and shall always keep it indemnified against all claims, including .....

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May 20 1994 (SC)

Morgan Stanley Mutual Fund Vs. Kartick Das

Court : Supreme Court of India

Decided on : May-20-1994

Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136

..... india was a payment under reserve while that of rs. 49,31,496 was also made under reserve as well as against the letter of guarantee or indemnity executed by it. a payment 'under reserve' is understood in banking transactions to mean that the recipient of money may not deem it as his own ..... diverse rights contained in the contact evidenced by the articles of association of the company. 15. therefore, it is after allotment, rights may arise as per the contract (article of association of company). but certainly not before allotment. at that stage, he is only a prospective investor of future goods. the issue was yet ..... more. he sold what in england would have been choses in action and he delivered choses in action. but in india, by the terms 'of the contract act, these choses in action are goods. by the definition of goods as every kind of moveable property it is clear that, not only registered shares, but ..... goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. as to the scope of this clause, reference may be made to maneckji pestonji bharucha and ors. v. wadi lal sarabhai & com. :air (1926 ..... stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. it will be useful to refer to clause (6) of section 2 of the sale of goods act, 1930. that reads :further goods' means .....

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Feb 15 1994 (SC)

The Food Corporation of India Vs. the New India Assurance Co. Ltd. and ...

Court : Supreme Court of India

Decided on : Feb-15-1994

Reported in : AIR1994SC1889; [1995]84CompCas214(SC); JT1994(1)SC703; 1994(1)SCALE591; (1994)3SCC324; [1994]1SCR939; 1994(2)LC197(SC)

..... the statute of limitation and that the true ground, on which the clause limiting the time of claim rests and is maintainable is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefore do not become absolute, unless the remedy is sought within the time fixed by the condition ..... is well founded and deserves acceptance while the submission made on behalf of the respondents does not merit acceptance.7. indisputably, under the material clauses of the respective bonds (contracts) of fidelity insurance guarantee which we have reproduced earlier as contained in a representative bond, the insurance company concerned therein has in unequivocal terms undertaken to make good the sum ..... corporation, when found that each of the said rice millers were liable to make good certain amount for losses arising from breaches of the terms and conditions of the respective contracts entered into between them, placed demands with the concerned insurance company for payment of those amounts as per the fidelity insurance guarantees given by the concerned insurance company, well ..... guarantee empowered the food corporation of india to make its claim directly against the concerned insurance company to recover the amount of loss. the material clauses in all the contracts of fidelity insurance guarantees with which we are concerned being similar except for dates and names of parties, we propose to determine the question arising for consideration in these .....

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Nov 29 1994 (FN)

U.S. Term Limits, Inc. Vs. Thornton

Court : US Supreme Court

Decided on : Nov-29-1994

..... . livingston) (senators will enjoy "a security of their re-election, as long as they please .... in such a situation, men are apt to forget their dependence, lose their sympathy, and contract selfish habits .... the senators will associate only with men of their own class, and thus become strangers to the condition of the common people"); id., at 30-31 (mass., turner .....

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Nov 08 1994 (FN)

United States Vs. Treasury Employees

Court : US Supreme Court

Decided on : Nov-08-1994

united states v. treasury employees - 513 u.s. 454 (1994) october term, 1994 syllabus united states et al. v. national treasury employees union et al. certiorari to the united states court of appeals for the district of columbia circuit no. 93-1170. argued november 8, 1994-decided february 22,1995 mter 501(b) of the ethics in government act of 1978 was amended to prohibit a member of congress, federal officer, or other government employee from accepting an honorarium for making an appearance or speech or writing an article, respondents-including individual members of, and a union representing, a class composed of all executive branch employees below grade gs-16 who, but for 501(b), would receive honoraria-filed a suit challenging the statute as an unconstitutional abridgment of their freedom of speech. the speeches and articles for which respondents had received honoraria in the past concerned matters such as religion, history, dance, and the environment; with few exceptions, neither their subjects nor the persons or groups paying for them had any connection with respondents' official duties. in granting respondents' motion for summary judgment, the district court held 501(b) unconstitutional insofar as it applies to executive branch employees and enjoined the government from enforcing it against any such employee. the court of appeals affirmed, emphasizing, inter alia, that the government's failure as to many respondents to identify some sort of nexus between the employee's .....

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Nov 02 1994 (FN)

Gustafson Vs. Alloyd Co.

Court : US Supreme Court

Decided on : Nov-02-1994

..... , thus, a 12(2) right of action applies to private sale agreements. held: section 12(2) does not extend to a private sale contract, since a contract, and its recitations, that are not held out to the public are not a "prospectus" as the term is used in the 1933 act ..... the agreement was executed "there ha[d] been no material adverse change in ... [alloyd's] financial condition." app. 115, 117. the contract also provided that if the yearend audit and financial statements revealed a variance between estimated and actual increased value, the disappointed party would receive an adjustment ..... the sale of alloyd's stock. the shareholders of alloyd holdings were wind point and a number of individual investors. in preparation for negotiating the contract with gustafson, wind point undertook an extensive analysis of the company, relying in part on a formal business review prepared by * robert l. ..... by means of a prospectus or oral communication" related to a prospectus. three sections of the 1933 act are critical in resolving the issue whether the contract is a "prospectus": 2(10), which defines a prospectus as "any prospectus, notice, circular, advertisement, letter, or communication, written or by ..... in the company's net worth from the end of the previous year through the closing, since hard financial data were unavailable. the contract provided that if a year-end audit and financial statements revealed variances between estimated and actual increased value, the disappointed party would receive an .....

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Oct 31 1994 (FN)

Brown Vs. Gardner

Court : US Supreme Court

Decided on : Oct-31-1994

..... resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, ... during other than a period of war," is compensable) with 38 cfr 3.310(a) (1993) ("disability which is ..... to impose any fault requirement. compare 38 u. s. c. 1110 (1988 ed., supp. v) ("disability resulting from personal injury suffered or disease contracted in line of duty, 119 or for aggravation of a preexisting injury suffered or disease contracted in line of duty, ... during a period of war," is compensable) and 38 u. s. c. 1131 (1988 ed., supp. v) ("disability .....

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Oct 11 1994 (FN)

Federal Election Comm'n Vs. NRA Political Victory Fund

Court : US Supreme Court

Decided on : Oct-11-1994

federal election comm'n v. nra political victory fund - 513 u.s. 88 (1994) october term, 1994 syllabus federal election commission v. nra political victory fund et al. certiorari to the united states court of appeals for the district of columbia circuit no.93-1151. argued october 11, 1994-decided december 6,1994 petitioner federal election commission (fec) brought this civil action against respondents seeking to enforce a provision of the federal election campaign act of 1971 (feca). the district court ruled against respondents. the court of appeals reversed and entered its judgment on october 22, 1993. without first seeking or obtaining the solicitor general's authorization, the fec filed in its own name a petition for a writ of certiorari on january 18, 1994, two days before the expiration of the 90-day filing period mandated by 28 u. s. c. 2101(c). the united states filed a brief contending that the fec lacked statutory authority to represent itself in this case in this court, but that, pursuant to 28 u. s. c. 518(a) and its implementing regulation, the solicitor general had authorized the fec's petition by letter dated may 26, 1994. this authorization came more than 120 days after the 2101(c) filing deadline had passed. the fec filed a brief in response asserting that it has independent statutory authority to represent itself in this court. held: 1. the fec may not independently file a petition for certiorari in this court under 2 u. s. c. 437d(a)(6). that statute .....

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Jun 24 1994 (FN)

Consolidated Rail Corporation Vs. Gottshall

Court : US Supreme Court

Decided on : Jun-24-1994

..... statute abolished the fellow servant rule, rejected the doctrine of contributory negligence in favor of that of comparative negli- 543 gence, and prohibited employers from exempting themselves from fela through contract; a 1939 amendment abolished the assumption of risk defense. see 45 u. s. c. 51,53-55. we have liberally construed fela to further congress' remedial goal. for example, we .....

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