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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1997 Page 1 of about 50 results (0.077 seconds)

Nov 18 1997 (SC)

National Insurance Co. Ltd. Vs. Santro Devi and ors.

Court : Supreme Court of India

Decided on : Nov-18-1997

Reported in : I(1998)ACC600; 1998ACJ116; AIR1998SC1485; 1998(1)BLJR592; [1998]91CompCas447(SC); JT1997(9)SC197; (1998)IIMLJ42(SC); (1998)118PLR61; RLW1998(1)SC75; 1997(7)SCALE104; (1998)

..... the holder of a fake driving licence renewed by a competent authority, would not amount to violation of the conditions of contract or of the insurance policy. it would not be violating either conditions of indemnity or the insurance policy or the contract or violation of any statutory provisions. under these circumstances, merely employing a driver with a forged driving licence would not .....

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Apr 01 1997 (SC)

State of Orissa Vs. United India Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Apr-01-1997

Reported in : 1999ACJ162; AIR1997SC2671; JT1997(5)SC570; (1997)116PLR695; RLW1997(2)SC297; 1997(4)SCALE320; (1997)5SCC512; [1997]3SCR499; 1997(2)LC268(SC)

..... nor by the conduct of any other person. breit. l.j., observed, with regard to this indemnity, thus:this contract means that the assured, in case of loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified. that is ..... undertake such liability by subsequent incorporation into the policy of such underwriting and, therefore, by operation of section 237 of the contract act, the insurance company was not bound by such act of the manager. 11. a contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of any other person ..... a contract is covered by the contract itself and such loss is not caused to the assured by the conduct of the insurer ..... as contemplated in section 124 of the indian contract act. but indemnity, as applicable to marine insurance, must not be an indemnity, as contemplated by the indian contract act, as the loss in such .....

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Mar 14 1997 (SC)

Sri Adi Visheshwara of Kashi Vishwanath Temple, Varanasi and ors. Vs. ...

Court : Supreme Court of India

Decided on : Mar-14-1997

Reported in : JT1997(4)SC124; 1997(3)SCALE1; (1997)4SCC606; [1997]2SCR1086

..... the act. it envisages that the act 'shall have effect, notwithstanding anything to the contrary contained in any other law for the time being in force or custom or use, contract, deed or engagement, judgment, decree or order of any court or scheme of management settled by any court.'6. section 5 declares that ownership of the temple and its endowment ..... the property shall be dealt with; the details thereof are not necessary. section 30 deals with prohibition on borrowing of money. section 31 regulates entering into and execution of the contracts.19. the powers and functions of the board are detailed in sections 14 and 15 of the act which read as under:14. subject to the provisions of this act .....

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Mar 11 1997 (SC)

Namdev Shripati Nale Vs. Bapu Ganapati Jagtap and anr.

Court : Supreme Court of India

Decided on : Mar-11-1997

Reported in : JT1997(3)SC562; (1998)IMLJ8(SC); 1997(2)SCALE741; (1997)5SCC185; [1997]2SCR980

..... all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.(emphasis supplied) 6. the relevant portions of exhibit 35a, deed of mortgage dated 3.4.1947 are as follows:for repaying the ..... of the property', 'all other charges of public nature' as specified in sections 65(c) and 76(c) of the transfer of property act respectively. in the absence of the contract to the contrary, during the pendency of the mortgage, when the mortgagee is in possession of the mortgaged property, he was bound to pay or remit the occupancy price under ..... due in respect of the property; 76. when, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property,-(c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the government revenue, all other charges of a public nature and all rent accruing due in respect thereof during ..... supplied).(ii) section 65(c) and 76(c) of the transfer of property act are to the following effect:65. in the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee-(c) that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charges accruing .....

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Dec 08 1997 (FN)

South Dakota Vs. Yankton Sioux Tribe

Court : US Supreme Court

Decided on : Dec-08-1997

south dakota v. yankton sioux tribe - 522 u.s. 329 (1997) october term, 1997 syllabus south dakota v. yankton sioux tribe et al. certiorari to the united states court of appeals for the eighth circuit no.96-1581. argued december 8, 1997-decided january 26,1998 the yankton sioux reservation in south dakota was established pursuant to an 1858 treaty between the united states and the yankton tribe. congress subsequently retreated from the reservation concept and passed the 1887 dawes act, which permitted the government to allot tracts of tribal land to individual indians and, with tribal consent, to open the remaining holdings to non-indian settlement. in accordance with the dawes act, members of the respondent tribe received individual allotments and the government then negotiated with the tribe for the cession of the remaining, unallotted reservation lands. an agreement reached in 1892 provided that the tribe would "cede, sell, relinquish, and convey to the united states" all of its unallotted lands; in return, the government agreed to pay the tribe $600,000. article xviii of the agreement, a saving clause, stated that nothing in its terms "shall be construed to abrogate the [1858] treaty" and that "all provisions of the said treaty ... shall be in full force and effect, the same as though this agreement had not been made." congress ratified the agreement in an 1894 statute, and non-indians rapidly acquired the ceded lands. in this case, tribal, federal, and state officials .....

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Dec 01 1997 (FN)

Regions Hospital Vs. Shalala

Court : US Supreme Court

Decided on : Dec-01-1997

regions hospital v. shalala - 522 u.s. 448 (1997) october term, 1997 syllabus regions hospital v. shalala, secretary of health and human services certiorari to the united states court of appeals for the eighth circuit no. 96-1375. argued december 1, 1997-decided february 24,1998 under the medicare act and its implementing regulations, a hospital (a provider) may obtain reimbursement for "allowable cost[s]" (including the costs of certain graduate medical education (gme) programs for interns and residents) by preparing a report at the close of each fiscal year and filing it with a "fiscal intermediary" designated by respondent secretary. the intermediary examines the cost report, audits it when found necessary, and issues a written "notice of amount of program reimbursement" (napr), which determines the total amount payable for medicare services during the reporting period. the napr is subject to review by the provider reimbursement review board (prrb), the secretary, and ultimately the courts. by regulation, the secretary may reopen, within three years, any determination by an intermediary, the prrb, or the secretary herself to recoup excessive (or correct insufficient) reimbursement for a given year. in 1986, congress changed the method for calculating reimbursable gme costs. in lieu of discrete annual determinations of "reasonable cost ... actually incurred," 42 u. s. c. 1395x(v)(1)(a), the "gme amendment" now requires the "secretary [to] determine, for [a] hospital's cost .....

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Dec 01 1997 (FN)

Crawford-el Vs. Britton

Court : US Supreme Court

Decided on : Dec-01-1997

crawford-el v. britton - 523 u.s. 574 (1997) october term, 1997 syllabus crawford-el v. britton certiorari to the united states court of appeals for the district of columbia circuit no. 96-827. argued december 1, 1997-decided may 4,1998 petitioner is a litigious and outspoken prisoner in the district of columbia's correctional system. because of overcrowding at the district's prison, he was transferred, first to washington state, then to facilities in several other locations, and ultimately to florida. his belongings were transferred separately. when the district's department of corrections received his belongings from washington state, respondent, a district correctional officer, had petitioner's brother-in-law pick them up, rather than shipping them directly to petitioner's next destination. petitioner did not recover the belongings until several months after he reached florida. he filed suit under 42 u. s. c. 1983, alleging, inter alia, that respondent's diversion of his property was motivated by an intent to retaliate against him for exercising his first amendment rights. the district court dismissed the complaint. in remanding, the en banc court of appeals concluded, among other things, that in an unconstitutional-motive case, a plaintiff must establish motive by clear and convincing evidence, and that the reasoning in harlow v. fitzgerald, 457 u. s. 800 , requires special procedures to protect defendants from the costs of litigation. held: the court of appeals erred in .....

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Nov 04 1997 (FN)

United States Vs. Bajakajian

Court : US Supreme Court

Decided on : Nov-04-1997

..... to say that the only loss the government can sustain from concealing the goods liable to seizure is their single value .... double the value may not be more than complete indemnity." id., at 546-547. the early monetary forfeitures, therefore, were considered not as punishment for an offense, but rather as serving the remedial purpose of reimbursing the government for the ..... , an action of debt was used to recover import duties owed the government, being "the general remedy for the recovery of all sums certain, whether the legal liability arise from contract, or be created by a statute. and the remedy as well lies for the government itself, as for a citizen." united states v. lyman, 26 f. cas. 1024, 1030 (no ..... with the right of the government to seize and appropriate the property which has been forfeited to it ... is a wrong to property rights, and is a fit subject for indemnity." ibid. significantly, the fact that the forfeiture was a multiple of the value of the goods did not alter the court's conclusion: "the act of abstracting goods illegally imported ..... serve the remedial purpose of compensating the government for a loss. see black's law dictionary 1293 (6th ed. 1990) ("[r]emedial action" is one "brought to obtain compensation or indemnity"); one lot emerald cut stones v. united states, 409 u. s. 232 (1972) (per curiam) (monetary penalty provides "a reasonable form of liquidated damages," id., at 237, to the government .....

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Oct 07 1997 (FN)

Bates Vs. United States

Court : US Supreme Court

Decided on : Oct-07-1997

bates v. united states - 522 u.s. 23 (1997) october term, 1997 syllabus bates v. united states certiorari to the united states court of appeals for the seventh circuit no. 96-7185. argued october 7, 1997-decided november 4,1997 james and laurenda jackson owned and operated education america, inc., a for-profit consulting and management firm for technical and vocational schools. in 1986, the jacksons acquired the acme institute of technology, a not-for-profit technical school, and appointed petitioner bates, then vice president of education america, to serve as acme's treasurer. in 1987, james jackson, as acme's president, signed a program participation agreement with the department of education that authorized the school to receive student loan checks through the title iv guaranteed student loan (gsl) program. see 20 u. s. c. 1070 et seq. acme's participation hinged upon both its continued accreditation by an approved accrediting association and jackson's promise to comply with all applicable statutes and regulations. under the gsl program, banks and other private institutions lent money to acme students for tuition and other educational expenses. the federal government administered the program and guaranteed payment if a student borrower defaulted. acme would receive a loan check directly from the lender, endorse the check, and credit the amount of the check against the student's tuition debt. if a gsl student withdrew from acme before the term ended, the governing .....

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Jun 26 1997 (FN)

Reno Vs. American Civil Liberties Union

Court : US Supreme Court

Decided on : Jun-26-1997

reno v. american civil liberties union - 521 u.s. 844 (1997) october term, 1996 syllabus reno, attorney general of the united states, et al. v. american civil liberties union et al. appeal from the united states district court for the eastern district of pennsylvania no. 96-511. argued march 19, 1997-decided june 26, 1997 two provisions of the communications decency act of 1996 (cda or act) seek to protect minors from harmful material on the internet, an international network of interconnected computers that enables millions of people to communicate with one another in "cyberspace" and to access vast amounts of information from around the world. title 47 u. s. c. 223(a)(i)(b)(ii) (1994 ed., supp. ii) criminalizes the "knowing" transmission of "obscene or indecent" messages to any recipient under 18 years of age. section 223(d) prohibits the "knowin[g]" sending or displaying to a person under 18 of any message "that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs." m firmative defenses are provided for those who take "good faith, ... effective ... actions" to restrict access by minors to the prohibited communications, 223(e)(5)(a), and those who restrict such access by requiring certain designated forms of age proof, such as a verified credit card or an adult identification number, 223(e)(5)(b). a number of plaintiffs filed suit challenging the constitutionality of 223(a)( .....

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