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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2008 Page 1 of about 54 results (0.058 seconds)

Oct 17 2008 (SC)

Rahee Industries Ltd. Vs. Export Credit Guarantee Corpn. of India Ltd. ...

Court : Supreme Court of India

Decided on : Oct-17-2008

Reported in : [2008]146CompCas373(SC); JT2008(12)SC244; (2009)2MLJ458(SC); 2008(13)SCALE261; (2009)1SCC38; 2009(1)SCC138

..... increased recovery while the exporter contended that the guarantor was only entitled to what it had paid out as indemnified. the court of appeal recognized the contract as one of indemnity and treated it like a policy of insurance. before the court of appeal, the exporter contended that if there is recovery in a subrogated claim ..... . in the present case we are concerned with the policy of insurance dated 27.1.87. by its very nature it was a contract of indemnity. in the present case, the nature of the contract is not in issue. it was in issue in the case of l. lucas ltd. (supra). in the circumstances, we do ..... the policy in its entirety, we find that there is a dichotomy in it. the subject-policy in this civil appeal is a contract. by nature it is an indemnity. the contract is in two major parts. the first part which commences from clause 1 to clause 13 contemplates an ..... the fortuitous profits to be given to the guarantor then the nature of the contract of guarantee in that case would have ceased to be one of indemnity against a percentage of loss and in that event it would become a profit sharing contract. this observation has been made by viscount dilhorne at page 898 of the ..... indemnity against a percentage of a loss whereas the second part of the contract commencing from clause 14 to clause 16 contains provisions enabling recoupment of that loss.14. in this case the invoice value as on .....

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Aug 01 2008 (SC)

Samundra Devi and ors. Vs. Narendra Kaur and ors.

Court : Supreme Court of India

Decided on : Aug-01-2008

Reported in : 2008ACJ2616; AIR2008SC3205; 2008(4)AWC3206(SC); IV(2008)CPJ25(SC); 2009(1)MhLj38; (2008)6MLJ1046(SC); (2009)153PLR145; RLW2009(1)SC361; 2008(11)SCALE36; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664

..... . the owner of the vehicle as also the driver thereof were, thus, principally liable to pay compensation to the dependents of the deceased.14. a contract of insurance as is well known is a contract of indemnity. in a case of accident, the primary liability under law for payment of compensation is that of the driver. the owner of the vehicle also becomes ..... of the vehicle and therefore liable to pay the compensation?(ii) if so, what will be the just compensation?7. the high court, on perusal of the driving licence, the contract of insurance as also the testimonies of witnesses examined on behalf of the parties, held:8. we accordingly hold that the insurer having established that the driver was not `duly ..... costs of repairing of the maruti car, were also granted.(c) the driver of the truck did not possess a valid driving licence and, therefore, breach of policy of the contract of insurance was established as a result whereof the respondent no. 3 was not liable to reimburse the owner of the vehicle any such amount payable by him by way ..... vicariously liable therefor. in a case involving a third- party to the contract of insurance in terms of section 147 of the motor vehicles act, 1988 providing .....

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May 07 2008 (SC)

Associated Construction Vs. Pawanhans Helicopters Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-07-2008

Reported in : 2008AIRSCW4893; AIR2008SC2911; 2008(2)ARBLR473(SC); 2008(3)AWC3048(SC); 2008(8)SCALE451; 2008AIRSCW4893

..... . on the contrary we believe that clause 43 is a clause which should be read in aid of the contractor as it clearly provides for indemnity in case there was a delay in the completion of the work which could be attributable to pawanhans. we are, further, of the opinion ..... discharge certificate is given in advance, payment of bills are generally delayed. although, clause 43(2) has been included in the general conditions of contract, the same is meant to be a safeguard as against frivolous claims after final measurement. having regard to the decision in the case of reshmi constructions ..... the outstanding amount plus compensation and damages on 6th august 1994. the arbitrators passed two awards on 31st december 1996, one with respect to the contract for the compound wall and the second for the construction of the bridge awarding certain amounts to the contractor. aggrieved by the awards, pawanhans ..... matter could be referred to arbitration. the contractor finally received a communication dated 8th june 1993 pointing out that as all payments due under the contract had been made and as a 'no dues certificate' had been furnished, no further amount was due. the contractor accordingly served a notice dated ..... bill dated 23rd june 1991 and it was conveyed to pawanhans that it expected compensation on account of the variation in the terms of the contract. pawanhans thereupon advised the contractor to submit a final bill which too was submitted. the bill was verified by pawanhans and referred to the .....

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Nov 12 2008 (FN)

Winter Vs. Natural Resources Defense Council, Inc.

Court : US Supreme Court

Decided on : Nov-12-2008

winter v. natural resources defense council, inc. - 07-1239 (2008) syllabus october term, 2008 winter v. natural resources defensecouncil, inc. supreme court of the united states winter, secretary of the navy, et al. v natural resources defense council, inc., et al. certiorari to the united states court of appeals for the ninth circuit no. 07 1239.?argued october 8, 2008 decided november 12, 2008 antisubmarine warfare is one of the navy s highest priorities. the navy s fleet faces a significant threat from modern diesel-electric submarines, which are extremely difficult to detect and track because they can operate almost silently. the most effective tool for identifying submerged diesel-electric submarines is active sonar, which emits pulses of sound underwater and then receives the acoustic waves that echo off the target. active sonar is a complex technology, and sonar operators must undergo extensive training to become proficient in its use. this case concerns the navy s use of mid-frequency active (mfa) sonar during integrated training exercises in the waters off southern california (socal). in these exercises, ships, submarines, and aircraft train together as members of a strike group. due to the importance of antisubmarine warfare, a strike group may not be certified for deployment until it demonstrates proficiency in the use of active sonar to detect, track, and neutralize enemy submarines. the socal waters contain at least 37 species of marine mammals. the plaintiffs .....

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Jun 26 2008 (FN)

District of Columbia Vs. Heller

Court : US Supreme Court

Decided on : Jun-26-2008

..... tradeoff would not bear mention if the statute did not prevent stopping intruders by firearms. footnote 29 the supreme court of pennsylvania described the amount of five shillings in a contract matter in 1792 as nominal consideration. morris s lessee v. smith , 4 dall. 119, 120 (pa. 1792). many of the laws cited punished violation with fine in a similar amount .....

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Jun 26 2008 (FN)

Morgan Stanley Capital Group Inc. Vs. Public Util. Dist. No. 1 of Snoh ...

Court : US Supreme Court

Decided on : Jun-26-2008

..... ,548 (1997). the calpx opened for business in march 1998. in the summer of 1999, it expanded to include an auction for sales of electricity under forward contracts contracts in which sellers promise to deliver electricity more than one day in the future (sometimes many years). but the participation of california s large investor-owned utilities in that ..... , 390 u. s., at 797. but see ante , at 19 (asserting that a zone of reasonableness test . . . fails to accord an adequate level of protection to contracts ). this deference makes eminent sense because rate-making agencies are not bound to the service of any single regulatory formula; they are permitted, unless their statutory authority otherwise plainly indicates ..... between requiring a heightened showing to overcome an otherwise conclusive presumption and imposing a heightened standard of review. i agree that applying a separate standard of review to contract rates is obviously indefensible, ibid ., but that is also true with respect to the court s presumption. even if the mobile-sierra presumption were not tantamount to ..... nondiscriminatory manner. see midwest iso , supra . in addition to coordinating transmission service, regional transmission organizations perform other functions, such as running auction markets for electricity sales and offering contracts for hedging against potential grid congestion. see blumsack, measuring the benefits and costs of regional electric grid integration, 28 energy l. j. 147, 147 (2007). against this .....

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Jun 25 2008 (FN)

Exxon Shipping Co. Vs. Baker

Court : US Supreme Court

Decided on : Jun-25-2008

..... the conduct of the officers and crew employed by them, and yet, from the nature of the service, they can scarcely ever be able to secure to themselves an adequate indemnity in cases of loss. they are innocent of the demerit of this transaction, having neither directed it, nor countenanced it, nor participated in it in the slightest degree. under such ..... evidence we could find does not support the notion (emphasis deleted)). footnote 16 this study examined the most representative sample of state court trials in the united states, involving tort, contract, and property cases disposed of by trial in fiscal year 1991 1992 and then calendar years 1996 and 2001. the three separate data sets cover state courts of general jurisdiction ..... , a course that arguably would come closest to the criminal law, rather like setting a maximum term of years. the trouble is, though, that there is no standard tort or contract injury, making it difficult to settle upon a particular dollar figure as appropriate across the board. and of course a judicial selection of a dollar cap would carry a serious ..... . pp. 29 32. (ii) thus, the court looks to quantified limits. the option of setting a hard-dollar punitive cap, however, is rejected because there is no standard tort or contract injury, making it difficult to settle upon a particular dollar figure as appropriate across the board; and because a judicially selected dollar cap would carry the serious drawback that the .....

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Jun 25 2008 (FN)

Kennedy Vs. Louisiana

Court : US Supreme Court

Decided on : Jun-25-2008

kennedy v. louisiana - 07-343 (2008) syllabus october term, 2007 kennedy v. louisiana supreme court of the united states kennedy v . louisiana certiorari to the supreme court of louisiana no. 07 343.?argued april 16, 2008 decided june 25, 2008 louisiana charged petitioner with the aggravated rape of his then-8-year-old stepdaughter. he was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of a child under 12. the state supreme court affirmed, rejecting petitioner s reliance on coker v. georgia , 433 u. s. 584 , which barred the use of the death penalty as punishment for the rape of an adult woman but left open the question which, if any, other nonhomicide crimes can be punished by death consistent with the eighth amendment. reasoning that children are a class in need of special protection, the state court held child rape to be unique in terms of the harm it inflicts upon the victim and society and concluded that, short of first-degree murder, there is no crime more deserving of death. the court acknowledged that petitioner would be the first person executed since the state law was amended to authorize the death penalty for child rape in 1995, and that louisiana is in the minority of jurisdictions authorizing death for that crime. however, emphasizing that four more states had capitalized child rape since 1995 and at least eight others had authorized death for other nonhomicide crimes, as well as that, under roper v. simmons , .....

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Jun 25 2008 (FN)

Plains Commerce Bank Vs. Long Family Land and Cattle Co.

Court : US Supreme Court

Decided on : Jun-25-2008

..... tribal members in the terms and conditions you offer them in those same transactions. the federal government and every state, county, and municipality can make nondiscrimination the law governing contracts generally, and real property transactions in particular. see, e.g., 42 u. s. c. 1981, 1982. why should the tribe lack comparable authority to shield its ..... a tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. a tribe may also retain inherent power to exercise civil authority over the conduct of non-indians on fee lands within its reservation when that ..... , [a] tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. ibid . second, a tribe may exercise civil authority over the conduct of non-indians on fee lands within the reservation when that conduct threatens or ..... 1) a tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements, ibid.; and (2) a tribe may exercise civil authority over the conduct of non-indians on fee lands within the reservation when that conduct .....

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Jun 25 2008 (FN)

Giles Vs. California

Court : US Supreme Court

Decided on : Jun-25-2008

giles v. california - 07-6053 (2008) syllabus october term, 2007 giles v. california supreme court of the united states giles v . california certiorari to the supreme court of california no. 07 6053.?argued april 22, 2008 decided june 25, 2008 at petitioner giles murder trial, the court allowed prosecutors to introduce statements that the murder victim had made to a police officer responding to a domestic violence call. giles was convicted. while his appeal was pending, this court held that the sixth amendment s confrontation clause gives defendants the right to cross-examine witnesses who give testimony against them, except in cases where an exception to the confrontation right was recognized at the founding. crawford v. washington , 541 u. s. 36 , 53 54. the state court of appeal concluded that the confrontation clause permitted the trial court to admit into evidence the unconfronted testimony of the murder victim under a doctrine of forfeiture by wrongdoing. it concluded that giles had forfeited his right to confront the victim s testimony because it found giles had committed the murder for which he was on trial an intentional criminal act that made the victim unavailable to testify. the state supreme court affirmed on the same ground. held: the california supreme court s theory of forfeiture by wrongdoing is not an exception to the sixth amendment s confrontation requirement because it was not an exception established at the founding. pp. 3 20; 22 24. (a) common-law .....

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