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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2018 Page 1 of about 13 results (0.104 seconds)

Oct 11 2018 (SC)

b.k Educational Services Pvt Ltd Vs. Parag Gupta and Associates

Court : Supreme Court of India

Decided on : Oct-11-2018

..... , documentary letter of credit or any other 45 instrument issued by a bank or financial institution; (i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause; operational debt is defined in section 5(21) as follows: 5. definitions. in this ..... note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument; (d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the indian accounting standards or such other accounting standards as may be prescribed; (e) receivables sold or discounted other than ..... means (a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured ..... securities & exchange board of india act, 1992 appellate tribunal depositories act, 1996 appellate tribunal securities (regulation) act, 1956 appellate tribunal under pension fund regulatory and development authority act, 2013 under contracts yes section 15w yes section 23d yes section 22d no **prior to the insolvency & bankruptcy (second amendment) act, 2018 also, according to the learned advocate, incongruous results would obtain if .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

..... was provided the license of the software (proprietary algorithms) developed by l-1 identity solutions. however, it has been clarified in the contract that: the contract and the licenses granted herein are not a sale of a copy of the software and do not render purchaser the owner of m ..... lords as well as themselves in their grants. so far back as 1407, it was stated by king henry iv, in the ordinance called the indemnity of the lords and commons , that grants were granted by the commons, and assented to by the lords . 75 ibid, at page 638 76 ..... issued by the authority. the registrars are prohibited from using the information collected for any purpose other than uploading the information to cidr. sub-contracting of enrolment function is not allowed. the code of conduct contains specific directions for following the confidentiality, privacy and security protocols and submission of ..... for the performance of the contract. it has been provided in the contract that l-1 identity solutions would indemnify uidai against any loss caused to it. however, the leakage of sensitive personal information of 1.2 billion citizens, cannot be remedied by a mere contractual indemnity. the loss of data ..... is irretrievable. in a digital society, an individual has the right to protect herself by maintaining control over personal information. the protection of data of 1.2 billion citizens is a question of national security and cannot be indemnified by a contract. 233 mr .....

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Aug 14 2018 (SC)

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

Decided on : Aug-14-2018

..... the consideration for the time value of money and includes xxx xxx xxx (i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause; xxx xxx xxx 13. section 5(22) of ..... is co-extensive and is joint 36 and several [bank of bihar v. damodar prasad, air1969sc297. the committee noted that this characteristic of such contracts i.e. of having remedy against both the surety and the corporate debtor, without the obligation to exhaust the remedy against one of the parties ..... implementation of the scheme, the board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which such sick industrial company is a party or which ..... now needs to be looked at. section 22 of the sick industrial companies (special provisions) act, 1985 reads as follows: 22. suspension of legal proceedings, contracts, etc. (1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is ..... relied heavily upon the amendment ordinance dated 06.06.2018, by which section 14(3) of the code was substituted, including a surety in a contract of guarantee to a corporate debtor. they relied upon the insolvency law committee proceedings, which led to the aforesaid amendment, stating that it had been .....

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Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

Decided on : Apr-16-2018

..... guarantee (as per attachment to this co-ordination agreement in the sum of twelve and one half per cent (12 %) of the total contract price to successful achievement of the guarantee the guarantee parameters (indemnity bank guarantee). such bank guarantee shall be delivered to mpeb on the date ansaldo submits its initial monthly invoice for payment to mpeb. the ..... fact operate at 120 mw when operating in accordance with good industry practice. 24. sh. ricchetti categorically stated in his evidence that claimants would not have signed the contracts without the above warranty. sh.saxena, additional superintending engineer deposed before the arbitral tribunal that the warranty was made on the strength of the manufacturer s plaque attached ..... and the board. an overall coordination agreement was executed on 24th august, 1999 which provided for three other agreements which are : (i) offshore supply contract, (ii) onshore supply contract, 8 (iii) onshore services contract.10. it is necessary to refer to the relevant provisions of the agreements for a better understanding of the issues involved in this case. as per ..... agreement pursuant to clause 17 of the offshore supply and onshore supply contract or clause 18 of the onshore services contract plus six (6) months towards claim period provided the termination is not due to breach of contract on part of ansaldo. for the sake of administration of the indemnity bank guarantee, the following will apply: tolerances the various guaranteed parameters, .....

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Apr 16 2018 (SC)

m.p.power Generation co.ltd.. And Anr Vs. Ansaldo Energia Spa and Anr

Court : Supreme Court of India

Decided on : Apr-16-2018

..... guarantee (as per attachment to this co-ordination agreement in the sum of twelve and one half per cent (12 %) of the total contract price to successful achievement of the guarantee the guarantee parameters (indemnity bank guarantee). such bank guarantee shall be delivered to mpeb on the date ansaldo submits its initial monthly invoice for payment to mpeb. the ..... fact operate at 120 mw when operating in accordance with good industry practice. 24. sh. ricchetti categorically stated in his evidence that claimants would not have signed the contracts without the above warranty. sh.saxena, additional superintending engineer deposed before the arbitral tribunal that the warranty was made on the strength of the manufacturer s plaque attached ..... and the board. an overall coordination agreement was executed on 24th august, 1999 which provided for three other agreements which are : (i) offshore supply contract, (ii) onshore supply contract, 8 (iii) onshore services contract.10. it is necessary to refer to the relevant provisions of the agreements for a better understanding of the issues involved in this case. as per ..... agreement pursuant to clause 17 of the offshore supply and onshore supply contract or clause 18 of the onshore services contract plus six (6) months towards claim period provided the termination is not due to breach of contract on part of ansaldo. for the sake of administration of the indemnity bank guarantee, the following will apply: tolerances the various guaranteed parameters, .....

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Jan 18 2018 (SC)

Maharashtra State Electricity Distribution Co. Ltd. Vs. M/S. Datar Swi ...

Court : Supreme Court of India

Decided on : Jan-18-2018

..... done by money, be placed in the same position as he would have been in if the contract had been performed. the rule as to market price is intended to secure only an indemnity to the purchaser. the market value is taken because it is presumed to be the true ..... the arbitrators have themselves recorded a finding that the lc was still in operation and had not expired and, therefore, the finding of the tribunal that the contract was terminated validly was self contradictory. (see associate builders v. delhi development authority, (2015) 3 scc49 and s. munishamappa v. b. venkatarayappa & ..... respective zones, they could not be installed and were lying stranded causing monetary loss on account of transportation, manual labour etc. and non-installation of contract objects resulted in dsl not getting benefit of lease rentals. 16) interestingly, before the division bench, the appellant had raised certain additional points on ..... implementation of the programme as per the terms and conditions of the work order. the respondent by letter dated april 21, 1999 terminated the contract in its entirety and refused to maintain even the objects installed by them.6) dispute having arisen; for adjudicating these disputes, arbitral tribunal in ..... value of the goods to the purchaser. one of the principles for award of damages is that as far as possible he who has proved a breach of a bargain to supply what he has contracted .....

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Sep 28 2018 (SC)

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

Decided on : Sep-28-2018

..... in suits against inhabitants of calcutta, madras or bombay, as the case may be, shall, in matters of inheritance and succession to lands, rents and goods, and in matters of contract and dealing between party and party, when both parties are subject to the same personal law or custom having the force of law, decide according to that personal law or ..... from day-to-day are regarded as religious in character. as an illustration, we may refer to the fact that the smritis regard marriage as a sacrament and not a contract. though the task of disengaging the secular from it must nevertheless be attempted in dealing with the claims for protection under arts 25(1) and 26(b). if the practice .....

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Jul 09 2018 (SC)

Union of India Vs. Moolchand Khairati Ram Trust

Court : Supreme Court of India

Decided on : Jul-09-2018

..... rates and/or with non profit motive. it 123 is not the case of new obligation being fastened at the time of renewal of the contract.109. however, we make it clear that the hospitals in question and other similarly situated hospitals, shall scrupulously observe the conditions framed in the ..... delhi development authority & anr. v. joint action committee allottee of sfs flats & ors., (2008) 2 scc672 wherein it was held that novation of contract cannot be done unilaterally, and the new terms must be brought to the knowledge of the offeree and his acceptance thereto must be obtained. it was ..... in law, they cannot abrogate themselves from completely satisfying the condition of 'free patient treatment'.57. the letter of allotment, thus, is a concluded contract between the parties and the lease deed, as per the language of the letter of allotment, is executed in compliance to one of the terms ..... in other words, a party's right had to be controlled in accordance with the terms of letter of allotment and, therefore, a complete contract existed between the parties. the terms and conditions of the letter of allotment empowered the authorities to add or impose such other conditions which the ..... be in the form and amount specifically announced to the patient at the time the service is rendered. it is unethical to enter into a contract of "no cure no payment". physician rendering service on behalf of the state shall refrain from anticipating or accepting any consideration." 56. under regulation .....

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Jul 03 2018 (SC)

State Election Commissioner, Bihar Patna Vs. Janakdhari Prasad .

Court : Supreme Court of India

Decided on : Jul-03-2018

..... decision on the ground 42 that independent of any statutory right, available to the appointees, and assuming for the purpose of this case that the rights flow only from the contract of appointment, the impugned circular, issued in exercise of the executive power of the state, must satisfy article 14 of the constitution and if it is shown to be arbitrary ..... india14 would be apposite. in the said case, it has been opined that the legal position of a government servant is more one of status than a 13 air1967sc88414 air1967sc188938 contract. the hall mark of status is the attachment to legal relationship of rights and duties imposed by the public law and not by mere agreement by the parties. the duties .....

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Apr 20 2018 (SC)

Canara Bank Vs. n.g. Subbaraya Setty

Court : Supreme Court of India

Decided on : Apr-20-2018

..... debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue; (e) carrying on and transacting every kind of guarantee and indemnity business; (f) managing, selling and realising any property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims; 52 (g) acquiring ..... cannot use the trademark eenadu to sell agarbathies. this 59 would be directly interdicted by section 8, which clearly provides that notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the selling of goods, except in connection with the realisation of security given to or held by it. also, granting ..... in any form of business other than those referred to in sub-section (1). xxx xxx xxx 8. prohibition of trading notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realisation of security given to or held by ..... of receipts and discharges and otherwise acting as an attorney on behalf of customers, but excluding the business of a managing agent or secretary and treasurer of a company; (c) contracting for public and private loans and negotiating and issuing the same; (d) the effecting, insuring, guaranteeing, underwriting, participating in managing and carrying out of any issue, public or private, of .....

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