Court : Chennai
Decided on : Jan-03-1964
Reported in : AIR1965Mad159
..... he name of the assured, who may be compelled to lend it for the purpose."these two authorities clearly bring out the english principles of subrogation as implied in contracts of indemnity and the effect of subrogation as distinguished from that of transfer or assignment as regards rights of action.(8) normally, an assignment of a right of action for ..... against third persons in respect of the subject matter of insurance, and explains that the test upon which the doctrine rests is the fundamental principle that insurance is a contract of indemnity. the author draws a distinction between subrogation and transfer and says:"the doctrine of subrogation does not apply so as automatically to transfer rights of action against third ..... negligence. such a right of the insurer is, of course, conditional upon his having already indemnified the assured. in other words, arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. this right of the insurer to ..... s laws of england, simonds edn. states in paragraph 512 that--"subrogation" is a right inherent in all contracts of indemnity, and further--"the doctrine of subrogation applies to all contracts of non-marine insurance which are contracts of indemnity, such, as, for example, contracts of fire insurance, motor vehicle insurance and contingency insurance covering non-payment of money. it applies whether the loss .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-01-1964
Reported in : 36CompCas105(P& H)
..... the amount for which the property was insured on the date of such loss '. the tribunal held that an insurance against fire or riot is a contract of indemnity and the undertaking by the insurer is that, if the insured suffers any loss ' in respect of ' the insured property, the insurer will indemnify ..... because they had received rs. 27,000 from the central bank of india limited in respect of the insured goods and the contract of insurance had not provided for any indemnity exceeding that sum. on this view of the matter, the tribunal held that no relief could be allowed to the petitioners against ..... the insured to the extent of the actual loss the maximum limit of indemnity being the sum mentioned in the insurance contract. the point is that an insurance of this kind is not a contract to pay any sum of money on the happening of a contingency, as is the case ..... creditors of the insured and the insurer, and the creditors are entitled to recover from the insurer the amount, of the claim under the insurance contract. no double benefit accrues to the insured because out of the insurance claim the creditors have first to be satisfied and the insured receives only the ..... lost and that benefit must go to the insurer, for, otherwise, the insured would be receiving double benefit and making a profit out of the contract of insurance. this argument ignores the fact that these provisions are intended to regulate the rights and liabilities between a creditor and a debtor in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-24-1964
Reported in : AIR1965AP136
..... pucca adithya in so far as he is an agent of his employer may successfully maintain a suit to recover the loss sustained by him virtue of his right to indemnity under s. 222 of the contract act and such a suit is not hit by section 30. we have already held that conclusion of the lower court that the ..... principal and the right to such indemnity was founded on section 222, contract act. it was found in that case that a had paid the losses resulting from the transactions to third parties, on behalf of b in exercise of the authority conferred ..... upon a by the latter, and that they were lawful because all the transactions took place where the notification did not apply. their lordships held that the right to indemnity is an incident of contract of agency and is not hit by the notification at all and was a matter which was entirely collateral to a forward ..... maintainable. it was held by the supreme court that the suit was really not one to enforce any contract relating to purchase or sale of bullion which came within the prohibition of the notification, and it was 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 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-09-1964
..... mr. justice white delivered the opinion of the court. this is an action by a shipowner, italia societa per azioni di navigazione (italia), against a contracting stevedore company, oregon stevedoring company (oregon), to recover indemnity for breach of the stevedore's implied warranty of workmanlike service. the issue presented is whether the warranty is breached where the page 376 u. s ..... in ryan was not merely an escape from the no-recovery consequences of halcyon, as is evidenced by the fact that recovery of contribution between joint tortfeasors and recovery of indemnity for breach of warranty proceed on two wholly distinct theories and produce disparate results. [ footnote 7 ] see american stevedores, inc. v. porello, 330 u. s. 446 . recovery ..... unseaworthiness, [ footnote 3 ] and recovered a judgment against italia upon a general verdict. italia satisfied the judgment and thereupon brought this suit in a federal district court for indemnity from oregon. the district court found that the basis for griffith's recovery was not negligence on the part of the shipowner, but a condition of unseaworthiness created by the ..... january 8, 1964 decided march 9, 1964 376 u.s. 315 certiorari to the united states court of appeals for the ninth circuit syllabus 1. shipowner may recover indemnity from a stevedore for breach of implied warranty of workmanlike service where the stevedore, without negligence, has supplied defective equipment which injures its own employee who has recovered a judgment .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-13-1964
Reported in : 35CompCas706(Cal),69CWN369
..... words b.m.t. was not free to make such profits as it could by entering into contracts with parties in america. by clause (10) of the agreement national was to give indemnity in respect of all claims for defective quality, shortage of material, etc., made by b.m.t ..... myself unable to accept this argument. the words of the statute are quite clear in that it prohibits the directors from entering into a contract with a sole selling agent without being obliged to bring the matter of the appointment before the company at the first general meeting thereafter. ..... claims for defective quality, shortage of material, or wrong specifications arising between b.m.t. and their customers in reference to the fulfilment of contracts entered for the delivery of products of national covered by this agreement, which cannot be settled by amicable means, shall be settled by arbitration under ..... the arrangement with b.m.t. commodity corporation would stand terminated by mutual agreement and delca international corporation would take up all outstanding forward contracts entered into between the company and b.m.t. commodity corporation. as in the case of resolution no. 7 the shareholders were given ..... of their agreement entered into with your company by mutual consent. further, delca international corporation have agreed to take over all the outstanding forward contracts entered into between b.m.t. commodity corporation and the company. the terms fixing the selling price are reasonable and are being allowed by .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-18-1964
..... where it was made, prohibited direct action against the insurer until final determination of the obligation of the insured. the court of appeals relied in the main on hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , and home ins. co. v. dick, 281 u. s. 397 . those were cases where the activities in the ..... later. when the case reached here, the majority view was that the underlying constitutional question -- whether, consistently with due process, florida could apply its five-year statute to this illinois contract -- should not be reached until the florida supreme court, through its certificate procedure, [ footnote 2 ] had construed that statute and resolved another local law question. [ footnote 3 ] on remand ..... . after certification to and resolution by the state supreme court of certain local law questions following remand by this court, the court of appeals held that application to the contract of the five-year statute of limitations would violate due process. held: application of the statute of limitations of the forum state is consistent with due process and full ..... a claim thereunder twelve months after discovery of loss, moved to and became a resident of the forum state, which permitted claims up to five years after loss notwithstanding contract provisions requiring earlier legal action. invoking diversity jurisdiction, petitioner brought this action in the federal district court of the forum state to recover damages under the policy more than .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-17-1964
Reported in : AIR1965AP353
..... inasmuch as the plaintiff never acquired title to the shares before the institution of the suit we can not hold that the defendants committed breach of the contract.(34) in the result we affirm the decision of our learned brother umamaheswaram, j., though for different reasons and dismiss the appeal . under the ..... 646-647 of halsbury's laws of england. volume 14 3rd edition paragraph 1188.'in claims too, for specific performance and for recision of contracts the special relief in equity is only given on condition of the plaintiff coming with great promptitude, specific performance is relief which the court will ..... been impleaded as a party to this suit. the subordinate judge dismissed the suit by his judgment dated 23rd february 1959,m holding that the contract was not specially enforceable as his name was not entered in the register of share holders of the company. thereafter, the plaintiff filed on an ..... have the shares transferred from c. v. reddi to the plaintiff to have the shares transferred from c. v. reddi to the plaintiff. the contract has become impossible for specific performance also by reason of the winding up of the company.(6) the plaintiff filed a rejoinder, contending that the ..... of the fact, in which case the contract is not enforced; but it seems that if the petition is presented after the contract was made the purchaser is liable and even if specific performance ought not to be granted the vendor will be entitled to an indemnity.'in the instant case, as already stated .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-03-1964
Reported in : AIR1964SC1707; 7SCR633
..... all persons so interested, the advantage so gained but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.' 11. the question for consideration is whether in circumstances like the present where the decree and the sale in execution of it .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-15-1964
Reported in : AIR1965Kant209; AIR1965Mys209; (1964)2MysLJ260
..... . mr. ranganatha rao's further submission was that no such condition precedent was proved. it was also submitted by mr. ranganatha rao that since the indemnity bond exhibit a-8 did not itself incorporate any such stipulation or condition precedent, it was not possible for chandrasekhar pai to produce any evidence of it ..... principle different from that which was formulated in the english cases to which i have referred or which flows from the language of section 139 of the contract act.(24) i am unable to accede to the contention which was at one stage urged by mr. ranganatha rao that there is no plea of ..... guarantees fidelity on the part of the employee stands discharged. that, in my opinion, is what flows from the phraseology and language of section 139 of the contract act.(18) that that is the common law rule in england is what emerges at least three pronouncements of the courts of that country. in m'taggart ..... stepped into the box to give evidence on that matter.(17) however that may be, it seems to me that section 139 of the indian contract act besides prohibiting on the part of the creditor acts of commission and omission which would impair the remedy of the surety incorporates the further rule ..... , miss. lalithamma asked us to say that that conclusion reached by him cannot be supported.(11) now, there is a very wellknown rule governing a contract of guarantee and that rule is that a person in whose favour a guarantee is given is bound to a 'faithful observance of the rights of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-24-1964
Reported in : AIR1964SC1736; (1964)66BOMLR702; 1965MHLJ257(SC); 7SCR867
..... car insured under the policy, but merely amounted to a condition affecting the liability of the company vis a vis the driver who was entitled to indemnity under any other policy. the question thus reduces itself to the determination of whether pessumal comes within the persons indemnified in para. 3 of the ..... appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. 24. thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... in the policy of the company. 23. the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... persons from the general classification will have to be related to considerations affecting it and is not to be related to such classified persons right to indemnity from any other insurer. in this connection reference may be made to proviso (b) which cannot in any case be a proviso relating to ..... 'other vehicles extension clause' respectively, are material and are set out in full : '3. in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor car on the insured's order or with .....Tag this Judgment!