Court : Supreme Court of India
Decided on : Dec-16-1983
Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; 2SCR248; 55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744
..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Nov-30-1983
Reported in : (1984)8ITD180(Hyd.)
..... supra) over that of the gujarat high court decision in bharatkumar manilal dalal's case (supra). we hold that a personal accident policy is not a contract of indemnity. the amount payable on the death of the insured is fixed in the policy itself. it is in the contemplation of the parties even at the ..... years, whichever is earlier.3. according to the assessee, the above said policy is purely a personal accident policy. it does not evidence a contract of indemnity.the deceased was having only a beneficial interest over payment of money as he can direct it to be given to any of his representatives but ..... benefits arising under the policy. there is no devolution of interest in such a case from the deceased to another person. from the inception of original contract, the money is payable only to nominee or to the legal representative and as such section 5 is not applicable. however, quoting extensively from the ..... loss of his life as a result of an accident. therefore, he rejected the argument that the deceased never had any interest under the terms of contract of insurance or in the moneys payable thereunder. he relied upon the decision of the gujarat high court in bharatkumar manilal dalal v. ced  ..... time of the contract that in case of death, the amount would be payable either to the nominee or the legal representatives and not to the insured .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-10-1983
Reported in : II(1984)ACC208; 59CompCas782(Bom)
..... policy purports to cover in the case of that person or those classes of persons. if the argument advanced by shri kudrolli is accepted, then the very basis of contract of indemnity will lose its efficiency.10. we are fortified in the view by the division bench decision of the gujarat high court in united india fire and general insurance co. ltd ..... insurance. thus, the 'act liability' is the minimum liability, but there is nothing in the act which can prohibit the insurance company form expanding limits of its liability by a contract of insurance. it is well known that whenever higher risk is covered, the insurance company gets higher or additional premium. section 96 compels the insurer to satisfy the judgment s ..... . ltd. v. jadavji keshavji modi, : 1scr860 , the limit of compensation of rs. 50,000 will extend to each of the deceased . it is an admitted position that under the contract of insurance so far as the risk to the third party property is concerned, the same was covered up to rs. 50,000. the claim suit for the damage to ..... . shri patel also contended that in any case the learned judge committed an error in restricting the liability of the insurance company to rs. 50,000 only when under the contract of insurance, defendant no. 3 was liable to pay rs. 50,000 towards the damage to the property of the third party. so far as the compensation payable for the .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-10-1983
Reported in : AIR1984Bom441; 1984(1)BomCR105; 1984MhLJ199
..... the policy purposes to cover in the case of that person or those classes or persons. if the argument advanced by shri kudrolli is accepted then the very basis of contract of indemnity will lost its efficacy.9. we are fortified in this view by the division bench decision of gujarat high court in united india fire & general insurance co. ltd. ahmedabad ..... covering risks which are not covered by compulsory insurance. thus the 'act liability is the act, which can prohibit the insurance company from expending limits of its liability by a contract of insurance it is well known that whenever higher risk is covered the insurance company gets higher or additional premium. s.96 compels the insurer to satisfy the judgment against ..... . ltd. v. jadavji keshavji modi : 1scr860 , the limit of compensation of rs. 50,000/- will extend to each of the deceased. it is an admitted position that under the contract of insurance so far as the risk to the same was cover up to rs.50,00/- the claim in suit for the damage to the property is onlyrs. 23 ..... . shri patel also contended that in any case the learned judge committed an error in restricting the liability of the insurance company to rs. 50,000/- only when under the contract of insurance defendant 3 was liable to pay rs. 50,000/- towards the damage to the property to the third party. so far as the compensation payable for the death .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-22-1983
Reported in : AIR1983SC899; 54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; 3SCR479
..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-22-1983
Reported in : AIR1984Guj93; (1983)2GLR1322
..... that the bank will give loans to the defendant 2 and if that was the explicitly stated consideration for the defendant no. 3 to enter into contract of indemnity or guarantee, no mal evidence could be led to show that for the defendant no. 3 there was any other consideration, other than the tutor ..... open to the party contesting it to show that there was no consideration or that the consideration was different from the one' that is described in the contract, and this although will not be hit by section 91 of the evidence act.13. mr. bhatt, however, tried to distinguish this proposition of law ..... with the divisional manager in respect of the limit of the transaction. he has categorically stated that the divisional manager, who is a party to this contract of guarantee was authorised to take decision about the legal proceedings. there was no lesson for the learned judge to doubt this testimony. but certain ..... forbearance from taking legal action can well be, a consideration for a guarantor, as it is stated in illus. (c) appended to section 127 of the contract act, there was no proof of any such forbearance. this view of the learned judge, in our view, is absolutely untenable in the facts and circumstances ..... . 3 and reads as follows:'whether defendant no. 3 is guarantor for the loan advanced to defendants nos. 1 and 2, if yes, whether the contract of guarantee is without consideration.'5. the learned judge decreed the plaintiffs suit for rs. 2,37,982.10 ps. which amount was conceded on behalf .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-1983
Reported in : 59CompCas284(Bom)
..... . the insurance company ever agreed to accept the opposite party no. 2a, mohamed abdul waheed khan, as the insured person in relation to the vehicle. there was no renewal of contract of indemnity in favour of opposite party no. 2a, mohamed abdul waheed khan. therefore, in our opinion, the learned members of the tribunal was wholly justified in holding that neither opposite ..... of the sale of goods act, 1930, then obviously section 20 of the said act will apply to such a transaction. it lays down that where there is an unconditional contract for the sale of specific goods in deliverable state, the property in the goods passes to the buyer when an offer is made and it is immaterial whether the time .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-15-1983
Reported in : 59CompCas871(All); [1984(48)FLR290]
..... compensation is not confined to the liability of an employer. this liability may be of any person. therefore, even persons who may have to pay indemnity or who may be placed on par with the employer as a result of legislative fiction come within the ambit of section 19 and, therefore, their ..... no better than that of the person liable himself and it is bound to satisfy any liability incurred by the insured within the limits of the contracted liability of the insurer. if, according to the policy of insurance, the insurer has undertaken to cover the liability of the insured, as respects its ..... the provisions contained herein. the direct effect of this clause, therefore, would be that the insurer would be liable to indemnify everyone when they have contracted to indemnify under the policy of insurance. as is well known, the provisions of chapter viii in the motor vehicles act had been devised and are ..... the liability which is incurred by the employer under the provisions of the act cannot be fastened on the insurance company merely because there exists a contract of insurance between the employer and the company under the provisions of a different act, i.e., the motor vehicles act. the liability which the ..... all questions as to the right to and the amount of any such indemnity shall be settled by the commissioner. similarly, under section 14 of the act, the insurer steps into the shoes of the employer if there was a contract by the insurer in respect of any liability arising under the act. from .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-13-1983
Reported in : 56STC283(AP)
..... before they were erected and installed at the premises of the company. the supreme court held : 'now the question whether a particular contract is a contract for sale or for work and labour is always a difficult question and it is not surprising to find the taxing authorities divided on ..... be made against such materials on production of a certificate from the officer of the inspection and liaison organisation and on furnishing the necessary indemnity bond to the paying authority. 'on account' payment was not, however, permissible against steel procured by the company from a source other ..... v. commissioner of sales tax : 1scr644 , wherein the petitioner-assessee carrying on business as engineers, contractors, manufacturers and fabricators entered into a contract with a company for fabrication, supply, erection and installation of two rolling shutters in two sheds belonging to that company for a price which was inclusive ..... to use such materials economically and solely for the purpose of the contract against which they were issued and not dispose of them without the permission of the government. one of the clauses in the indemnity bond provided that the company should hold at its works the stores ..... and articles of the railways in respect of which advantage might be made to the company. the special conditions also provided that 'on account' payment was part of the 'full contract price' for .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-23-1983
..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....Tag this Judgment!