Court : Madhya Pradesh
Decided on : Nov-15-1962
Reported in : AIR1963MP164; 33CompCas667(MP)
..... fire, accident, and so forth -- i do not think you can assign (sic) policy so as to make of what is a contract of personal indemnity to a a contract of personal indemnity to b. i hope i have made that clear. you cannot thrust a new assured upon a company against its will. if you do ..... not the person specified in the policy cannot be accepted. if, as we think, the company impliedly assented to the transfer and there was a novated contract of indemnity, then clearly gyarsilal was in effect and in law the person insured by the policy even though his name was not substituted in place of dr. ..... joshi in respect of the ford car was or was not transferred to gyarsilal. now it is quite true that a motor insurance policy is a contract of personal indemnity and the assured cannot claim the insurance amount when he does not suffer any loss or damage. it is clear that where a car insured ..... insurance policy ceased when the car was sold by him; that the policy of insurance did not permit the transfer of the indemnity therein given to any person and thepolicy was a contract of indemnity in favour of dr. joshi alone, the assured therein, and not in favour of his assigns; that the policy of ..... is really not a clause with regard to the assignment of the policy. such a policy being a contract of personal indemnity cannot be assigned; when it is transferred, there is only a novation of the contract by which the original assured is released and a new assured is accepted. in this connection, it would .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-02-1962
Reported in : AIR1963AP394
..... to which the law attaches a legal or equitable duty to indemnify. the learned judge observed that cases c and d are generally treated as falling under 'implied contract'; and (e) a right to indemnity may be given by a statute.' 24. in the instant ease, it is clear that the plaintiffs were employed by the government to render the services, referred ..... of the contract. these two rights are confounded and one reason for the confusion is, that when ..... 'cestui que' trust, who was entitled to the right of indemnity against the trustee, the second defendant. the observations of the learned judge are very instructive:'now, in the case of contracts, right to indemnity must be carefully distinguished from right to damages. a right to indemnity is given by the original contract, whereas a right to damages arises in consequence of the breach ..... a contract is broken, indemnity is often found to coincide with the measure of damages. in those cases, whether .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-02-1962
..... atlantic & gulf stevedores, inc." mr. justice stewart, whom mr. justice frankfurter joins, dissenting. in my view, the court of appeals correctly ruled that the respondents were entitled to indemnity from the petitioner under principles first set forth by this court in ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , and followed in weyerhaeuser ..... citizenship, alleging that their vessel was unseaworthy and that they were negligent. respondents impleaded petitioner, alleging that it was negligent in its manner and method of unloading and asking indemnity from it in case respondents were held liable to beard. counsel, near the end of the trial, agreed upon five special interrogatories, to which the jury responded as follows ..... shipowners, in a federal district court on the basis of diversity of citizenship, alleging that the vessel was unseaworthy and that they were negligent. respondents impleaded petitioner and asked indemnity, alleging that it was negligent in the manner of unloading. the jury found that the injury resulted from unseaworthiness of the vessel and negligence of respondents, and not from ..... any failure of petitioner to do its work in accordance with its contract. the district court entered judgment in favor of the longshoreman against respondents and in favor of petitioner on respondents' claim for indemnity. the court of appeals affirmed the judgment in favor of the longshoreman, but reversed the judgment in favor .....Tag this Judgment!
Court : Kerala
Decided on : Mar-23-1962
Reported in : AIR1962Ker326
..... party, but the defendant must have against the third party a direct right to indemnity as such, which right must --generally, if not always -- arise from contract express or implied, and that there was no ground for implying such a contract'.5. the question has been considered at iength by ramaswamy, j., in thiruvannamalai adhinam ..... there is a third class of cases, of which i think the present is an example, where the question whether there is a right to indemnity is far more difficult and complicated than any questions in the action.the appellants in the present case ask us uoon a hypothetical state of facts ..... be a case where there is clearly 'a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed', by which i take to be contemplated a case where the whole matter can be disposed of as between the defendant and the third party. ..... 1960, page 386 :'but where the claim against the third party was an independent claim for damages, or the question whether there was a right to indemnity was more difficult and complicated than any question in the action, and might never arise, leave to bring in a third parly was refused'. the following ..... decreed and the money paid to poti vein pillai, there was no covenant of title, express or implied, and that the first defendant cannot therefore claim indemnity against poti velu pillai's estate. the first point was one which could be disposed of as a preliminary issue. in fact there is an issje .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-03-1962
..... per cent. to be withheld until the completion of the work to be done is as much for the indemnity of him who may be a guarantor of the performance of the contract as for him for whom it is to be performed. and there is great justness in the rule adopted. ..... against the united states, but only that the "guaranty company [was] entitled to subrogation to any right of the united states government arising through the building contract." henningsen, supra, at p. 208 u. s. 410 . since the funds here have been paid into court by the government, there is some ..... . ed. 1950). cf. aquilino v. united states, 363 u. s. 509 (1960). [ footnote 12 ] "the right of subrogation is not founded on contract. it is a creature of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... the company was then known as fire association of philadelphia. [ footnote 2 ] 40 u.s.c. 270a, provides in part as follows: "(a) before any contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the united states is awarded to any person, ..... earnings due the contractor. the petitioner, pearlman is trustee of the bankrupt estate of the dutcher construction corporation, which, in april, 1955, entered into a contract with the united states to do work on the government's st. lawrence seaway project. at the same time, the respondent, reliance insurance company, [ footnote .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-11-1962
Reported in : AIR1963SC1185; 33CompCas420(SC); Supp2SCR887
..... . by the first sub-clause the company is authorised to carry on life insurance business in all its branches and all kinds of indemnity and guarantee business and for that purpose to enter into and carry into effect all contracts and arrangements. by sub-clause (ii) the company is authorised 'to invest and deal with funds and assets of the company upon ..... the company. payment by the company of the amount resolved to be donated was therefore purely gratuitous : its acceptance made it a gift, and did not give rise to a contract. 17. a company is competent to carry out its objects specified in the memorandum of association and cannot travel beyond the objects. the objects of the company are set out ..... (d) of the indian contract act when at the desire of the promisor, the promise or any other person has done or abstained for doing, or does or abstains from doing, or promises to do ..... counsel for the appellants that the resolution of the company and the acceptance thereof by the appellants as trustees of the trust constituted a contract is, in our judgment, futile. there was within the meaning of the indian contract act no consideration moving from the trustees for accepting the amount assuming that the resolution amounted to an offer. by s. 2 clause .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-17-1962
Reported in : AIR1964Cal217,67CWN728,(1963)IILLJ580Cal
..... contractor by way of indemnity. the learned commissioner disbelieved the story of the appellant that the workman had been engaged by probodh, the company's labour contractor. the company did not produce any of its ..... compensation from his employer. exception is found in section 12(1) of the act which gives the workman a right to recover from the person who has entered into a contract with the workman's immediate employer and in that case section 12(2) becomes operative and the principal who has engaged the contractor has a right to recover from the ..... acting in the course of his employment, that is, when he is doing something in discharge of a duty to his employer directly or indirectly imposed upon him by his contract of service and the word 'employment' covers and includes things belonging to or arising out of it. but under the indian law, an employer is he, who controls the service ..... deceased employer and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall be deemed to continue to be the employer of the workman while he is working for that other person. under the english act .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-01-1962
Reported in : AIR1963P& H217
..... rupar, consequently, referred the matter to the commissioner under the workmen's compensation act for determining the dispute about the right of the government to seek indemnity. according to m/s. mohinder singh gur-bachan singh the truck in question at the time of the accident, was working under the control and ..... was in the course of the ordinary business ortrade of the government and the government was,therefore, principally liable. as the state government had given the contract for doing the lining work to m/s. sardara singh niranjan singh andthe bajri was being brought for their work andthey are, therefore, liable to ..... m/s. sardara singh niranjan singh. if the truck was not under their exclusive control, then the supply of bajri was obviously made on a contract basis. it was up to m/s. sardara singh niranjan singh to arrange for the supply of the bajri, and instead of doing it themselves ..... to be the owners of the truck of the persons working the truck. it may be mentioned here that mohinder singh gurbachan singh had also the contract of lining the canal over a portion of the canal. mohinder singh gurbachan singh got (sic) notice issued to the government under (sic)civil procedure code, ..... facts giving rise to these firs-appeals from order may briefly be stated as follows: the work of lining of nangal hydel channel was given on contract basis to a number of contractors. certain portions of the canal were entrusted to each one of the various contractors. the portion between ed 157375 .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-26-1962
Reported in : AIR1962Cal468,66CWN651
..... of the said act. it lays down that the provisions of the said act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary. that being so, we must consider the expression 'religious purpose' only according to the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-14-1962
Reported in : 50ITR233(Bom)
..... paid by them to the assessee, the assessee had to pay to the association the amount of the said losses because its works as adatias in forward business involved an indemnity to the association on behalf of the constituents that if the losses were not paid by the constituents, the same would be paid by it. in the assessment for the ..... its business as commission agents, the assessee carried on transactions on behalf of its constituents in forward business in commodities, which were found to be prohibited under the spices forward contract prohibition order, 1944. out of the constituents of the assessee, who had suffered losses in these transactions, some paid their losses, while the others did not. when the assessee attempted .....Tag this Judgment!