Court : Rajasthan
Decided on : Apr-11-1958
Reported in : AIR1958Raj343
..... the application of article 83 in this series can be resisted so far as the present case is concerned.as already held above, the suit contract was a contract of indemnity, and the plain language of this article clearly seems to me to apply to it. the period of limitation provided with reference to this article ..... the same upon umar bhai's default. in other words, the plaintiff was undoubtedly damnified. it may be that this damnification occurred not on the date the contract of indemnity was executed, that is, the 20th august, 1947, but later, and if that is so, it is enough to say that if the suit is ..... be within time. it is, however, contended that the time from which the period has been prescribed to run under this article is not when a contract of indemnity may have taken place, but when the plaintiff is in actual fact damnified or put to loss.what is argued is that the plaintiff gave his ..... himself, or by the conduct of any other person, is called a contract of indemnity'.'section 128 lays down, with respect to the liability of a surety, that it is co-extensive with that of the principal debtor, unless it is ..... person to whom the guarantee is furnished. it would be convenient to give at this place the definition of a contract of indemnity also, vide section 124 of the contract act. the definition is this :'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor .....Tag this Judgment!
Court : Chennai
Decided on : Feb-11-1958
Reported in : AIR1959Mad122
..... in respect of the amounts due from theconstituents without the consent of the sub-broker arid without prejudice to his claim under theagreement. while discussing the distinction between a contract of indemnity and a contract ofguarantee beaumont c. j., at page 3.16 observed asfollows:'i agree with the view taken by the madras high court in periyamianna marakkayar and sons v. banians ..... agrees to satisfy the claim of the surety.' the next case cited was the one in periyamianna marakkayar and sons v. banians and co. : air1926mad544 . where the distinction between a contract of indemnity and that of a suretyship is set out. kumaraswami sastri j. at page 172 (of ilr mad): (at p. 549 of air) observes : 'reading ss., 126 and 145 together ..... it seems to me that there can no contract of guarantee as distinguished from a contract of indemnity unless there is privity between the principal debtor andthe surety as it is difficult to speak of an implied promise between persons between whom there is no ..... suretyship it is necessary that the: surety should give the guarantee at the request of the debtor.the decisions merely emphasise the distinction between a contract of indemnity and a contract of guarantee. in the former case it is a direct engagement between the two parties thereto, whereas in the latter case there are three parties, the creditor, the debtor and .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-22-1958
Reported in : AIR1959Cal558,33CompCas370(Cal),63CWN367
..... allowance is to be made for the loss of prospective profit or other consequential loss. at p. 297 the learned authors observe 'the contract of fire insurance is a contract of indemnity and the assured is not adequately indemnified against the loss of this property unless, so far as money can do so, he is restored ..... entitled to recover the said amounts as soon as it is proved that the properties were lost. it is well known that a contract of insurance, specially, fire insurance, is a contract of indemnity and when loss occurs it is for the assured to prove the actual amount of his loss. the sums mentioned in the policy ..... ground that was available regardless. of reasons which they had previously given. as lord sumner pointed out in 1923 ac 48, if a party repudiated a contract giving no reasons at all, all reasons and all defences in the action partial or complete would be open to him.' at the time when the ..... part) of the condition referred to, with which we have to deal in the present case, is to enable the insurers to release themselves from their contract during its currency, leaving it in full vigour down to the time of notice. the words in which the power of determination is expressed, taken by ..... declare that the foregoing statements are to the best of our knowledge and belief true and we agree that these are to be the basis of the contract and will be considered as incorporated in the policy to be issued.'no signature of anybody appears at the place meant for the agent's signature. .....Tag this Judgment!
Court : Chennai
Decided on : May-02-1958
Reported in : AIR1958Mad535; (1958)2MLJ277
..... paid to the managing agent on the happening of one of the events specified therein was a term of the managing agency agreement, and cannot be treated as a separate contract of indemnity when there was no separate consideration for it. it was not a distinct matter but part and parcel of the agreement as a whole. we have already pointed out .....Tag this Judgment!
Court : Chennai
Decided on : Nov-25-1958
Reported in : (1959)ILLJ390Mad
..... compensation out of pity, special grace, magnanimity or liberality, he has no right to recover it from the contractor, under any clause for indemnity in the contract. indemnity will extend only as for as legal liability extends, and not further. it will not cover acts of charity, magnanimity, special grace, ..... pity or liberality.14. in this view, though i agree with the learned government pleader that such clauses of indemnity included in contracts with contractors are perfectly legal and can be enforced in all cases where government, as employer, is bound to pay compensation for accidents ..... was suspended, and workmen were not expected to remain at the spot during the break. so, he dismissed the application of the state for indemnity. hence these three appeals by the state.5. i have perused the records, and heard the learned government pleader for the state, and mr ..... make the contractor sankiah thevar, in whose section the accident had occurred, to indemnify the government under the following clause in the contract between the government and the contractor:it shall be the contractor's sole responsibility to protect the public and his employees against accident ..... under the workmen's compensation act, the facts of this case make the indemnity clause inapplicable as there was no legal liability on the .....Tag this Judgment!
Court : Chennai
Decided on : Nov-25-1958
Reported in : (1960)1MLJ108
..... pay compensation, and, if he pays compensation out of pity, special grace, magnanimity or liberality, he has no right to recover it from the contractor, under any clause for indemnity in the contract. indemnity will extend only as far as-legal liability extends, and not further. it will not cover acts of charity, magnanimity, special grace, pity, or liberality.13. in this view ..... , though i agree with the learned government pleader that such, clauses of indemnity included in contracts with contractors are perfectly legal and can be enforced in all cases where government, as employer, is bound to pay compensation for accidents under the workmen's compensation act ..... p.m. for lunch, and work was suspended, and workmen were not expected to remain at the spot during the break. so, he dismissed the application of the state for indemnity. hence these three appeals by the state.4. i have perused the records, and heard the learned government pleader for the state and mr. v.s. ramakrishnan, the learned counsel ..... , the facts of this case make the indemnity clause inapplicable as there was no legal liability on the part of the government to pay compensation.14. these three appeals, therefore, deserve .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-06-1958
Reported in : AIR1959Raj27
..... to be of a wagering nature, we have no hesitation in saying that there can be no question of the collateral contracts whether of indemnity or otherwise being bad because the principal contracts are not of wagering nature at all. we, therefore, reject this contention also.18. we now proceed briefly to ..... and no suit shall be allowed in any court of justice for recovering any sum of money paid or payable in respect of any such contract or contracts or any such agreement or agreements as aforesaid.''30b. no suit shall be allowed in any court of justice for recovering any commission, brokerage ..... these provisions can be called into operation, the principal transactions in respect of which the brokerage, commission or losses etc. are claimed must be proved as wagering contracts. see sassoon v. tokersey, ilr 28 bom 616 (d) and chimanlal v. nyamatrai, air 1938 bom 44 (e).we entirely agree with this view ..... where the business is done through a commission agent, it may be said possibly that the defendant's intention was to gamble nevertheless the contracts cannot be condemned as being violative of section 30 for the reason that evidence would be lacking as to the original intention of such third ..... plaintiffs to secure them against loss.the plaintiffs delivered merely 300 tons to some of the defendants,, and as for the balance they made cross-contracts and paid differences. the trial court decreed the suit but on appeal an appellate bench of the high court dismissed the suit holding that the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-03-1958
..... issues of fact should have been submitted to the jury. we agree with petitioner on this point. petitioner's claim for indemnity primarily rests on the contractual relationship between it and respondent. while the stevedoring contract contained no express indemnity clause, [ footnote 1 ] it obligated respondent "to faithfully furnish such stevedoring services as may be required," and to ..... .2d 329, 331. if, in that regard, respondent rendered a substandard performance [ footnote 5 ] which led to foreseeable liability of petitioner, the latter was entitled to indemnity absent conduct on its part sufficient to preclude recovery. the evidence bearing on these issues -- petitioner's action in making the shelter on its ship available to respondent's ..... employed by respondent was injured while unloading petitioner's vessel. when the longshoreman sued petitioner on claims of negligence and unseaworthiness, petitioner impleaded respondent, claiming a right to indemnity for any damages the longshoreman might recover. the main case, involving the longshoreman's claims, was submitted to the jury, which found for the longshoreman on the ..... u. s. 567 . (b) if, in that regard, the stevedoring company rendered a substandard performance which led to foreseeable liability of the shipowner, the latter was entitled to indemnity, absent conduct on its part sufficient to preclude recovery. p. 355 u. s. 567 . (c) the evidence bearing on these issues was for jury consideration under appropriate instructions, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-27-1958
Reported in : AIR1959P& H297
..... open to him under the law. after the liability of the assured had thus been fixed the assured became entitled to enforce the contract of insurance by claiming indemnity for the loss sustained by him. in view of (his legal position sometimes courts stayed execution or decrees passed against the assured during ..... the pendency of thesuit filed by the assured against the insurers for indemnity under the contract of insurance.in a suit between the assured and the insurers the latter could raise all defences open to them in law under the ..... as defendants on the ground that they were ultimately liable to pay the compensation fixed between the injured and the assured person by virtue of contract between them. the person injured had no redress against the insurers and had no right in respect of the money paid to the assured under ..... or vicariously responsible for the injury. the third person cannot be held to be an assured person simply because the insured had undertaken under the contract of insurance to indemnify the assured. the legal position has been described in halsbury's laws of england, second edition, volume 16, para 879 ..... happening of perils specified m the agreement.in the accident insurance the sum becomes payable to the assured on the happening of any event specified in the contract. such an insurance may be sub-divided into (a) personal accident insurance, (b) property accident insurance and (c) liability insurance. a policy .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-19-1958
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; 1SCR12
..... reputation or, in a general way, his moral interests, he may demand his instant release. in these circumstances he shall be entitled to an indemnity.... this indemnity is payable in the same manner as was the salary.' 267. the other exception is where the employee has been in continuous service of the ..... of a year of service, at the most recent rate of pay. however, if the period of service exceeds 15 years, the amount of the indemnity is fixed, as we have seen, by an arbitral committee.' 280. the working journalists are thus a group by themselves and could be classified ..... least one year, and five weeks to journalists whose contract has been in force for 10 years at least. should a contract of indefinite duration be terminated, the journalist is entitled to one or two month's notice and also to an indemnity for dismissal which may not be less than one month ..... is seriously threatened, he may break the contract binding him to the newspaper concern, and at the same time receive all the indemnities which are normally payable only if it is the employer who breaks the contract. in france, accordingly, under the law of 1935, the indemnity for dismissal which, as we have seen, ..... may be quite substantial, is payable even when the contract is broken by a professional journalist, .....Tag this Judgment!