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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2003 Page 1 of about 39 results (0.073 seconds)

Nov 20 2003 (SC)

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Decided on : Nov-20-2003

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... no federal lien can be had for unpaid insurance premiums. this we cannot do. in the nineteenth century, an insurance policy on a ship was viewed as a contract for the personal indemnity of the insured ship's owner. under this reasoning, no lien against the ship itself could possibly arise as the result of an insurance policy; 'unless the ..... international convention on civil liability for oil pollution 1969. under the regime thereby introduced a shipowner is legally unable to trade or put to sea without having effected oil pollution indemnity insurance and having adequate liability insurance is as 'necessary' to a shipowner as having fuel, stores, navigational equipment or other well-recognised 'necessaries'. it is also arguable ..... c. surety bond; d. financial guarantee, accompanied by guarantor's evidence of self insurance;e. letter of credit; f. certificate of entry evidencing coverage by a protection and indemnity club; or g. certificate of deposit with assignment of negotiable interest. interim approvala completed application form and appropriate documentation evidencing proof of financial responsibility which is submitted by 31 august ..... a compulsory third party risk insurance cover and the standard format charter parties mostly have printed clauses making it mandatory for a vessel to have a valid protection and indemnity cover for want of which such vessels are not accepted for charter.69. chapter iv of the inland vessels act provides for a compulsory insurance in terms whereof .....

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Aug 29 2003 (SC)

Bharat Coking Coal Ltd. Vs. Annapurna Construction

Court : Supreme Court of India

Decided on : Aug-29-2003

Reported in : AIR2003SC3660; 2003(6)ALD85(SC); 2004(5)ALLMR(SC)56; 2003(3)ARBLR119(SC); [2003(4)JCR87(SC)]; JT2003(Suppl1)SC280; (2003)3MLJ185(SC); 2003(7)SCALE20; (2003)8SCC154; [2003]4

..... special case to get the work completed within 4(four) months as per latest price list of bccl (copy enclosed), subject to submissions of indemnity bond on non-judicial stamp paper of required value in the approved proforma of bccl and also insurance against fire, theft and damages etc. ..... the arbitrator while passing the award in relation to some in terms failed and/or neglected to take into consideration the relevant clauses of the contract, nor did he take into consideration the relevant materials for the purpose of arriving at a correct fact. such an order would amount to ..... parshad & sons ltd. v. union of india : [1960]2scr793 , this court clearly held that if damages are awarded ignoring the expressed terms of the contract, the arbitrator would commit misconduct of the proceedings. reference in this connection may also be made to naihati jute mills ltd. v. khyaliram jagannath : [1968] ..... sinha is correct in his submission that the learned arbitrator has not taken into consideration the effect and purport of the following clause in the contract:'provided always that:(a) contractor/contractors shall not be entitled to any payment for any additional work done unless he/they have received an order ..... was agreed that the extension of time was granted subject to payment of penalty. the learned counsel would further submit that in terms of the contract the appellant had been supplied with all the essential raw materials, namely, cement, steel etc. which would cover about 95% of the total .....

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Dec 10 2003 (FN)

McConnell Vs. Federal Election Comm'n

Court : US Supreme Court

Decided on : Dec-10-2003

..... e)(11)(ii), (iii) (reports of children s program, and retention of records sufficient to substantiate compliance with the commercial limits on children s programming ); 73.3613(a) (network affiliation contracts); 73.3613(b), 73.3615, 73.3526(e)(5) (ownership-related reports); 73.3613(c) ( [m]anagement consultant agreements ); 73.3613(d) ( [t]ime brokerage agreements ..... deadline for filing disclosure statements based on the date when aggregate disbursements exceed $10,000 would open a significant loophole if advertisers were not required to disclose executory contracts. in the absence of that requirement, political supporters could avoid preelection disclosures concerning ads slated to run during the final week of a campaign simply by making ..... to particular applications of that disclosure requirement. this court is also unpersuaded by plaintiffs challenge to new feca 304(f)(5) s requirement regarding the disclosure of executory contracts. the new provision mandates disclosure only when a person makes disbursements totaling more than $10,000 in any calendar year to pay for electioneering communications. given the ..... $1,000 or more to the individual or group paying for the communication, but erred in finding 304(f)(5) invalid because it mandates disclosure of executory contracts for communications that have not yet aired. because the important state interests identified in buckley providing the electorate with information, deterring actual corruption and avoiding its appearance, .....

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Dec 02 2003 (FN)

Raytheon Co. Vs. Hernandez

Court : US Supreme Court

Decided on : Dec-02-2003

raytheon co. v. hernandez - 02-749 (2003) syllabus october term, 2003 raytheon co. v. hernandez supreme court of the united states raytheon co. v. hernandez certiorari to the united states court of appeals for the ninth circuit no. 02 749. argued october 8, 2003 decided december 2, 2003 after respondent tested positive for cocaine and admitted that his behavior violated petitioner s workplace conduct rules, he was forced to resign. more than two years later, he applied to be rehired, stating on his application that petitioner had previously employed him, and attaching letters both from his pastor about his active church participation and from an alcoholics anonymous counselor about his regular attendance at meetings and his recovery. the employee who reviewed and rejected respondent s application testified that petitioner has a policy against rehiring employees who are terminated for workplace misconduct and that she did not know that respondent was a former drug addict when she rejected his application. respondent filed a charge with the equal employment opportunity commission (eeoc), claiming that he had been discriminated against in violation of the americans with disabilities act of 1990 (ada). the eeoc issued a right-to-sue letter, and respondent filed this ada action, arguing that petitioner rejected his application because of his record of drug addition and/or because he was regarded as being a drug addict. in response to petitioner s summary judgment motion, .....

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Jun 23 2003 (FN)

Gratz Vs. Bollinger

Court : US Supreme Court

Decided on : Jun-23-2003

..... program like jacksonville's need only demonstrate that it is able and ready to bid on contracts and that a discriminatory policy prevents it from doing so on an equal basis." ibid. in bringing his equal protection challenge against the university's use ..... to a set-aside program, the 'injury in fact' is the inability to compete on an equal footing in the bidding process, not the loss of contract." id., at 666. we concluded that in the face of such a barrier, "[t]o establish standing ... , a party challenging a set-aside ..... 1981(a) 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, ... and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens." ..... have explained that a contract for educational services is a "contract" for purposes of 1981. see runyon v. mccrary, 427 u. s. 160 , 172 (1976). finally, purposeful discrimination that violates the equal protection ..... likewise, with respect to 1981, we have explained that the provision was "meant, by its broad terms, to proscribe discrimination in the making or enforcement of contracts against, or in favor of, any race." mc donald v. santa fe trail transp. co., 427 u. s. 273 , 295-296 (1976). furthermore, we .....

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Jun 23 2003 (FN)

Green Tree Financial Corp. Vs. Bazzle

Court : US Supreme Court

Decided on : Jun-23-2003

..... completely obvious. at the same time, we cannot automatically accept the south carolina supreme court's resolution of this contractinterpretation question. under the terms of the parties' contracts, the question-whether the agreement forbids class arbitration-is for the arbitrator to decide. the parties agreed to submit to the arbitrator "[alll disputes, claims, or ..... to, money damages, declaratory relief, and injunctive relief." app. 34 (emphasis added, capitalization in original). respondents daniel lackey and george and florine buggs entered into loan contracts and security agreements for the purchase of mobile homes with green tree. these agreements contained arbitration clauses that were, in all relevant respects, identical to the bazzles' arbitration ..... said nor implied that it would have authorized class arbitration had the parties' arbitration agreement forbidden it. whether green tree is right about the contracts presents a disputed issue of contract interpretation. the contracts say that disputes "shall be resolved ... by one arbitrator selected by us [green tree] with consent of you [green tree's customer]." ..... , and green tree appealed. the state supreme court withdrew both cases from the appeals court, assumed jurisdiction, and consolidated the proceedings. that court held that the contracts were silent in respect to class arbitration, that they consequently authorized class arbitration, and that arbitration had properly taken that form. held: the judgment is vacated, .....

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Jun 23 2003 (FN)

United States Vs. American Library Assn., Inc.

Court : US Supreme Court

Decided on : Jun-23-2003

united states v. american library assn., inc. - 539 u.s. 194 (2003) october term, 2002 syllabus united states et al. v. american library association, inc., et al. appeal from the united states district court for the eastern district of pennsylvania no. 02-361. argued march 5, 2003-decided june 23, 2003 two forms of federal assistance help public libraries provide patrons with internet access: discounted rates under the e-rate program and grants under the library services and technology act (lsta). upon discovering that library patrons, including minors, regularly search the internet for pornography and expose others to pornographic images by leaving them displayed on internet terminals or printed at library printers, congress enacted the children's internet protection act (cipa), which forbids public libraries to receive federal assistance for internet access unless they install software to block obscene or pornographic images and to prevent minors from accessing material harmful to them. appellees, a group of libraries, patrons, web site publishers, and related parties, sued the government, challenging the constitutionality of cipa's filtering provisions. ruling that cipa is facially unconstitutional and enjoining the government from withholding federal assistance for failure to comply with cipa, the district court held, inter alia, that congress had exceeded its authority under the spending clause because any public library that complies with cipa's conditions will .....

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Jun 23 2003 (FN)

Grutter Vs. Bollinger

Court : US Supreme Court

Decided on : Jun-23-2003

..... , or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." see coalition for economic equity v. wilson, 122 f.3d 692 (ca9 1997). 9 given the incredible deference the law school receives from the court, i think it appropriate to .....

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Jun 02 2003 (FN)

Beneficial Nat. Bank Vs. Anderson

Court : US Supreme Court

Decided on : Jun-02-2003

..... federal "arising under" jurisdiction upon the existence of a federal defense. in that case, taylor sued his former employer and its insurer, alleging breach of contract and seeking, inter alia, reinstatement of certain disability benefits and insurance coverages. id., at 61. though taylor invoked no federal law in his complaint, ..... , nor any other fragment of the decision in franchise tax board, explains how or why the nonviability (due to pre-emption) of the state-law contract claim in avco magically transformed that claim into one "arising under" federal law. metropolitan life ins. co. v. taylor, supra, was our second departure ..... in avco] was that the pre-emptive force of 301 is so powerful as to displace entirely any state cause of action 'for violation of contracts between an employer and a labor organization.' any such suit is purely a creature of federal law, notwithstanding the fact that state law would provide ..... powerful as to displace entirely any state cause of action 'for violation of contracts between an employer and a labor organization.' any such suit is purely a creature of federal law, notwithstanding the fact that state law would ..... , and thus could be removed to federal court, although the petitioner had undoubtedly pleaded an adequate claim for relief under the state law of contracts and had sought a remedy available only under state law. the necessary ground of decision was that the pre-emptive force of 301 is so .....

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May 27 2003 (FN)

National Park Hospitality Assn. Vs. Department of Interior

Court : US Supreme Court

Decided on : May-27-2003

..... during the bidding process offsets the first of these considerations. and the second is more than offset by a related congressional statute that specifies that prospective bidders for government contracts can obtain immediate judicial relief from agency determinations that unlawfully threaten precisely this kind of harm. see 28 u. s. c. 1491(b)(1) (allowing prospective ..... after investigation, the relevant congressional committee found that the "way potential contractors view the disputes-resolving system influ- 819 ences how, whether, and at what prices they compete for government contract business." s. rep. no. 95-1118, p. 4 (1978). fourth, the cda provides a prevailing contractor with prejudgment interest, and authorizes expedited procedures. 41 u. s. ..... 33-34. similarly, while petitioner and respondent xanterra parks & resorts, llc, present a facial challenge to 51.3, both rely on specific characteristics of certain types of concession contracts to support their positions. see brief for petitioner 21-23, 36; brief for respondent xanterra parks & resorts, llc, 20, 22. in light of the foregoing, we conclude ..... constitutes "final agency action" under the administrative procedure act, abbott laboratories, supra, at 149. judicial resolution of the question presented here should await a concrete dispute about a particular concession contract. pp. 807-812. 282 f.3d 818 , vacated and remanded. thomas, j., delivered the opinion of the court, in which rehnquist, c. j., and scalia, kennedy, .....

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