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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2015 Page 1 of about 3 results (0.051 seconds)

Oct 01 2015 (SC)

State Bank of Hyderabad Vs. Rabo Bank

Court : Supreme Court of India

Decided on : Oct-01-2015

..... appellant bank ensure their authenticity and leads to the presumption that the message was sent under the authority of the bank. the appellant bank, in fact, had obtained letters of indemnity on stamp paper duly signed by the authorized signatory of the indian clients of the respondent s constituent, thereby indemnifying the appellant bank in respect of co- acceptance for the ..... bank, cannot give rise to the claim advanced by the plaintiff/respondent. in such a situation, the enforcement is clear violation of public policy envisaged under section 23 of the contract act. the head office of the appellant-bank has already instructed all its branches to prohibit even co-acceptance of bills or purchase/discounting of bills accepted by other banks ..... not constitute a written contract between the parties. the instruments in question (bills of exchange) did not bear the acceptance on behalf of the appellant bank. the provisions of negotiable instruments act mandate that the ..... suit under order 37, cpc. the suit does not qualify the test of order 37 1(ii)(b)(i) as there was no specific averment with respect to a written contract and the averment so pleaded by the plaintiff/respondent is with respect to an agreement . there was no consideration to the appellant bank and merely the telex/fax messages do .....

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Aug 25 2015 (SC)

Satya Pal Anand Vs. State of M.P. and Ors.

Court : Supreme Court of India

Decided on : Aug-25-2015

..... public duty does not necessarily have to be one imposed by statute. it may be sufficient for the duty to have been imposed by charter, common law, custom or even contract. 7 we share this view. the judicial control over the fast expanding maze of bodies affecting the rights of the people should not be put into watertight compartment. it should ..... the cancellation of any instrument can be done only within three years, when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him . therefore, the respondent-society had no right to unilaterally cancel the absolute sale deed executed in favour of the appellant s mother in the ..... . veeravali anand would amount to an illegal rescission of the absolute sale deed because if the issue in question is viewed from the application of section 62 of the indian contract act, 1872, then it is clear that any rescission must be done only bilaterally. in the case on hand, undisputedly, the extinguishment deed dated 09.08.2001 and the cancellation ..... to transfer the property or that such transfer was registered by playing fraud on the owner or on the stranger. in the present statutory dispensation, namely, transfer of property act, contract act, specific relief act and registration act, the court does not see any prohibition operating on the exercise of inherent power by the registering authority to cancel the sale deed .....

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Apr 08 2015 (SC)

S.J. Coke Industries Pvt. Ltd. Etc. Vs. Central Coalfields Ltd. Etc.

Court : Supreme Court of India

Decided on : Apr-08-2015

..... concerned, they filed writ petitions before the jharkhand high court. during the pendency of the writ petitions, different high courts passed interim orders directing the writ petitioners to furnish indemnity bonds/bank guarantees for the amount of difference between the notified price and e-auction weighted average price of the coal fixed in the scheme.7. some high courts decided ..... (i) the claim for refund made by the writ petitioners is not based on a fundamental or a statutory right; the refund claimed by the writ petitioners arise from a contract of sale and purchase; the claim is not supported by any direction of the high court or the hon'ble supreme court for refund of such amounts; the question of ..... of a tax/a duty/a fee. the principle has not yet been extended to the commercial transactions of the government which are governed by terms and conditions of the contract. we do not propose to expand the horizons. the contention is rejected. .............................................................................. ............................................... in our opinion, in any view of the matter, the writ petitioners are not entitled to the ..... writ petitions filed by the companies on the grounds that firstly, the claim of the writ petitioners was not based on any fundamental or statutory right but was based on contract and hence it was not maintainable and secondly, the claim was not based on any direction issued by this court or/and the high court to refund the amount .....

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