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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1960 Page 1 of about 356 results (0.083 seconds)

Jan 14 1960 (HC)

The British India General Insurance Co. Ltd. Vs. Seth Ramnath and ors.

Court : Madhya Pradesh

Decided on : Jan-14-1960

Reported in : AIR1962MP368

..... he secured renewal of the insurance policy from 15 june 1951 to 14 june 1952. here the person insured was the defendant 1 and the contract was one of personal indemnity to that defendant. if he dealt with the vehicle as he did in this case and had thereby virtually constituted the defendant 2 as its ..... defendant 2 in any manner he liked. in our opinion, by reason of nondisclosure of this material fact, the defendant 3 is entitled to avoid the contract of insurance and disclaim liability thereunder. 16-24. in the view that we have taken of this case, it is not necessary for us to consider the ..... to entrust his vehicle. the point we wish to lay stress upon is that, in a situation like this, the defendant 1 had to disclose the contract of sale of the vehicle he had made and the further fact that, in pursuance thereof, he had parted with possession of the vehicle to be used ..... the general election of 1951, all without inference to the defendant 1. since property in the goods passes at such time as the parties to the contract intend it to be transferred and the parties here appear to have intended that it should pass only on payment of the full price, we agree with ..... vehicle to the defendant 2. therefore, the insurance policy and the renewal were void and the defendant 3 was free from all responsibility under the insurance contract. 7. the lower court held that the defendant 2 drove the station wagon rashly and negligently and dashed against the plaintiffs motor bicycle with the consequence .....

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May 09 1960 (HC)

Hagami Lal Ram Prasad, a Firm and ors. Vs. Bhuralal Ram NaraIn and ors ...

Court : Rajasthan

Decided on : May-09-1960

Reported in : AIR1961Raj52

..... principal.the right to such indemnity, as pointed out earlier, was founded on section 222 of the law of contract. the right to indemnity, which was an incident of the contract of agency was not hit by the provisions of the second order at all and was a matter which ..... 1943 when the order in question stood repealed. besides the suit is really not one to enforce any contract relating to purchase or sale of cotton within the prohibition of the above notification or order. it is a suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions of the ..... . we hold that in the circumstances of this case, section 30-b of the mewar contract act, 1942 was no bar to the plaintiffs' claim. where the principal contracts themselves have not been established to be of wagering nature, there can be no question of collateral contracts whether of indemnity or otherwise to be assailed on that footing.21. lastly, the learned judge appears ..... to have thought that the transactions were hit by the indian cotton (forward contracts and options prohibition) order, 1943 which is said to have been in force at the .....

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Mar 02 1960 (HC)

Walyti Ram Ram Ditta Mal Vs. Bhagwan Dass Rajinder Kumar

Court : Punjab and Haryana

Decided on : Mar-02-1960

Reported in : AIR1960P& H471

..... clearly emphasise the relationship of principal and agent that subsists between the constituent and the pucca arthia even after the contract is concluded between them as principals.(24) the contention of the learned counsel for ..... . that being so, the fact that the defendant had not received this amount from his other constituents with whom he had entered into contracts, cannot prevent the plaintiff from recovering his dues which are based upon a claim which does not depend on the defendant receiving a similar ..... on the fiction that as agent he had to pay damages on behalf of the constituent to the other contracting party which is none other than himself. for practical purposes, it makes ..... contract and he is a principal in the contract put through by him between the constituent and himself. if the constituent fails to perform his part of the contract the pucca arthia may base his claim on either basis, namely, as principal for damages for breach of contract or as agent for indemnity ..... no difference in such a case on what basis the pucca arthia makes his claim. but the important point to note is that this decision of the judicial committee, air 1917 pc 101, by holding that the rights of the pucca arthia are by way of indemnity .....

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Nov 24 1960 (HC)

Union of India (Uoi), Ministry of Food and Agriculture (Dept. of Food) ...

Court : Punjab and Haryana

Decided on : Nov-24-1960

Reported in : AIR1961P& H281

..... stands discharged. the plaintiff in that case will be entitled to get back his securities from defendant no. 2, because as provided in the counter indemnity bond exhibit p. 26, the securities furnished by the plaintiff had to remain with defendant no. 2 during the period of continuance of the guarantee ..... be suffered by defendant no. 2 by furnishing this guarantee. consequently, on the 19th july, 1954, messrs. pearl hosiery mills, plaintiff, executed a counter indemnity bond (exhibit p, 26) in favour of defendant no. 2, undertaking to indemnify the bank for any loss or damage which defendant no. 2 might ..... 1 and 3 had made such variations in the terms of the original contract which resulted in the discharge of the surety bond executed by defendant no. 2, that since the surety-bond of defendant no. 2 was discharged, the indemnity bond executed by the plaintiff in favour of defendant no. 2 also ..... stood discharged, that under the law it was not necessary that the variations in the contract should have resulted in prejudice to the surety, and consequently questions whether ..... a 'no demand certificate' by defendant no. 1. it was further stated in the contract that the security deposit in favour of the president of the union of india would be in the form of an indemnity bond or a bank guarantee from a scheduled bank.the punjab national bank, limited, defendant .....

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Jan 21 1960 (HC)

M. Mohan Lal Kalia Vs. Wood Trading Co.

Court : Punjab and Haryana

Decided on : Jan-21-1960

Reported in : AIR1961P& H234; [1962]32CompCas454(P& H)

..... swayne that 'where the insurance is lost or not lost', the thing insured may be irrecoverably lost when the contract is entered into, and yet the contract be valid. it is a stipulation for indemnity against past as well as future losses, and the law upholds it.'it is a well known principle of marine ..... excluded. a loss arising from the wilful misconduct of the assured is also excluded on ground of public policy from the perils insured against in a contract of marine insurance. it may be that an insurer may take over such a risk but it must be definitely provided for. in ext. p ..... of england (simonds edition) volume 22). in the present case the loss took place in the consignors' office inasmuch as something less than the quantity contracted for was actually despatched. according to the report of the surveyors, the parcels could not possibly contain anything more than was found in them at the ..... that a decree should be granted also against the second respondent, the hanover fire insurance co.3. the case turns entirely on the terms of the contract of insurance which is contained in the policy of insurance, exhibit p. 3. which accompanied the documents despatched by the consignors to the plaintiff. the ..... in the same condition as have been forwarded by the consignors and the shortage therefore is due to short supply'.it was a c. i. f. contract which the parties entered into. the goods were insured by the second respondent, the hanover fire insurance co., which is an american concern with a .....

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Sep 20 1960 (HC)

Lakshmi Insurance Co. Ltd. Vs. Bibi Padma Wati

Court : Punjab and Haryana

Decided on : Sep-20-1960

Reported in : AIR1961P& H253

..... insurance is in its nature aleatory, voluntary, executory, synallagmatic, conditional, and personal, and, except as to life and accident that it is one of indemnity'. (vide 1 couch on insurance page 5). the contract is aleatory, in so far as it depends upon a contingency, against the occurrence of which, it is intended to provide, though in certain events such ..... applicant for life insurance has to exercise towards the insurer, to whom he applies, the same degree of good faith which he himself rightly expects from him. in contracts uberrimae fidei, contracting parties are placed under a special duty towards each other, not merely to refrain from active misrepresentation but to make full disclosure of all material facts within knowledge. in ..... preference to fair, natural, reasonable and practical interpretation. construction which is liberal rather than literal, has to be favoured, always understanding the words and phrases in the contract in their ordinary and popular sense. 25. the rule of construction against the insurer and favourable to the insured, stems fromwhat otherwise is called, the rule of contra proferentem, ..... conditions. these provisions are construed strictly against the insurer but, where the meaning of the language used is plain, no violence can be done to the terms of a contract by refining them away, if they convey the plain meaning of the purpose, with sufficient clarity. any arbitrary, irrational, unnatural or technical construction has to be avoided in .....

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May 25 1960 (HC)

State of Punjab Vs. Hindustan Development Board Ltd.

Court : Punjab and Haryana

Decided on : May-25-1960

Reported in : AIR1960P& H585

..... neither gratuitous nor forbidden by law, the party at fault will be required by law to disgorge the benefit. in the case of quasi-contracts law imposes an obligation in utter disregard of the parties' intention. such a relationship does not appeal upon a promise or privity. the obligation ..... determines the scope, uninfluenced by the manner in which the analogous provision is construed in english law.the language of the provisions of indian contract act cannot be enlarged, or construed narrowly, or, otherwise modified, in order to bring the construction in accord with the scope and ..... of s. 70 are based on the doctrine of quantum meruit of english common law but the rule as embodied in the indian contract act admits of liberal interpretation. when a rule of english law receives a statutory recognition by indian legislature it is the language of ..... for it. so, also, where either party to an express contract is injured, or the labor or expense sustained by him in doing the work is enhanced by the neglect or omission of he other, an implied promise of indemnity therefor will arise, additional to the express agreement. so, also, ..... if entire performance, according to the express agreement, be rendered impossible through the fault of either party, the party in fault will be liable on a quantum meruit, or other action on the case, the compensation being graduated as far as possible by the terms of the express contract .....

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Jan 20 1960 (SC)

Alopi Parshad and Sons Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jan-20-1960

Reported in : AIR1960SC588; 1960(2)MhLj46; [1960]2SCR793

..... , is imposed upon the employer, the arbitrators could not award compensation to the agents in excess of the expressly stipulated consideration. the claim made by the agents was not for indemnity for consequences of acts lawfully done by them on behalf of the government of india; it was a claim for charges incurred by them in excess of those stipulated. such ..... 'which justice demands' (lord sumner in hirji mulji v. cheong yue steamship co. ltd. (1926) ac 497 (510), this result is arrived at by putting a just construction upon the contract in accordance with an 'implication ............. from the presumed common intention of the parties' - speech of lord simon in british movietonews ltd. v. london and district cinemas ltd. l.r. 1952 ..... maintained by the agents, they had spent rs. 6,77,542-0-3. granting that the agents had incurred this additional expenditure under the head 'establishment and contingencies', when the contract expressly stipulated for payment of charges at rates specified therein, we fail to appreciate on what ground the arbitrators could ignore the express covenants between the parties, and award to ..... insisting upon any modification of the agreement, because they found, and it must be presumed that they found, it profitable to do so under the terms fixed under the supplementary contract dated june 20, 1942. the claims made for the additional buying remuneration, for mandi charges and for establishment and contingency charges, were denied. it was urged that, in any event .....

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Jun 13 1960 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : Jun-13-1960

..... application of the louisiana law was challenged as an unconstitutional denial of equal protection, due process, full faith and credit, and an unconstitutional impairment of contract. we rejected all these contentions. the policy of insurance there, like the one here, was to be given nationwide effect. we held there, ..... attorney general) to protect its people. in now come to the constitutional question which is avoided and which i would decide. this insurance contract was made in the state of illinois. there are illinois cases indicating that the contractual provision shortening page 363 u. s. 217 the illinois ..... justice frankfurter delivered the opinion of the court. in 1952, petitioner, while a citizen and resident of illinois, purchased from respondent in illinois the contract of insurance upon which this suit is based. the respondent is a british company licensed to do business in illinois, florida, and nine other states. ..... tug only while it was in mexican waters. in hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , the court held that mississippi could not constitutionally apply its own law to invalidate a contract clause limiting the insurer's liability on a surety bond against defalcations ..... free to enforce its own contract policies." id. at 348 u. s. 73 . page 363 u. s. 220 in the watson case, we also rejected a contention that the cases relied on by the court here as throwing a cloud upon the florida statute, hartford accident & indemnity co. v. delta & .....

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Nov 21 1960 (FN)

Waterman S.S. Corp. Vs. Dugan and Mcnamara, Inc.

Court : US Supreme Court

Decided on : Nov-21-1960

..... cargo, not the petitioner, had actually engaged the respondent to unload the ship. the district court directed a verdict for the respondent, holding that a shipowner had no right of indemnity against a stevedore under the circumstances alleged in the absence of a direct contractual relationship page 364 u. s. 423 between them. the court of appeals for the third circuit ..... agreement with a shipowner is liable to indemnify the owner for damages sustained as a result of the stevedore's breach of his warranty to perform the obligations of the contract with reasonable safety. this warranty of workmanlike service extends to the handling of cargo, as in ryan, as well as to the use of equipment incidental to cargo handling, ..... the longshoreman's injuries, but that "the direct, proximate, active and substantial cause of the accident" had been the negligence of the respondent, who, by "failing to perform the contracted stevedoring services in a safe, proper, customary, careful and workmanlike manner," had brought the existing unseaworthy condition into play. as an affirmative defense, the respondent stevedore alleged that there had ..... 's injuries resulted from respondent's failure to perform its work in a workmanlike manner. held: respondent was liable to the shipowner, even though there was no privity of contract between respondent and the shipowner and regardless of whether the longshoreman's original claim was asserted in an in rem or an in personam proceeding, since respondent's warranty of .....

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