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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1966 Page 1 of about 324 results (0.099 seconds)

Oct 03 1966 (SC)

Srinivas Gupta Vs. Hindustan Commercial Bank Ltd.

Court : Supreme Court of India

Decided on : Oct-03-1966

Reported in : [1967]37CompCas434(SC)

..... brothers for the sum of rs. 35,000 which had been secured by the second mortgage still remains. as such the appellant is liable under the contract of indemnity contained in clause 13 to make good the loss yet in spite of the compromise in the second execution application. learned counsel for the appellant has ..... not in our opinion enough to absolve the appellant of the liability which lay on him under clause 13 of the agreement. the liability under the contract of indemnity contained in that clause was to make good the loss to be caused to the bank in circumstances like the present to which clause 13 is ..... that the tins of ghee contained rotten ghee or water, the appellant became liable under the contract of indemnity contained in clause 13 of the agreement. under that clause it was his duty ,to see that goods pledged to the bank as security were not ..... has come before us.6. we are of opinion that there is no force in this appeal. clause 13 of the agreement is clearly a contract of indemnity by which the bank is indemnified in connection with certain matters mentioned therein. it has not been and cannot be disputed that when it was found ..... the bank then went in appeal to the high court. the high court allowed the appeal and held that clause 13 of the agreement was a contract of indemnity and mere execution of the two mortgages would not absolve the appellant of the responsibility that lay on him under clause 13. it further held that the .....

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Mar 29 1966 (SC)

Ellerman and Bucknall Steamship Co. Ltd. Vs. Sha Misrimal Bherajee

Court : Supreme Court of India

Decided on : Mar-29-1966

Reported in : AIR1966SC1892; [1966]SuppSCR92

..... moneys against goods which were not the goods agreed to be sold and which were not consigned according to the contract. the very fact that the second defendants have obtained an indemnity for issuing the bills of lading without disclosing the real state of facts would show their consciousness that they ..... the ship owners had to make good the loss. the plaintiffs sued the defendants under the indemnity, the benefit of which had been assigned to them. the defendants refused to pay, alleging that the contract of indemnity was illegal, because it had as its object the making by the ship owners of a ..... obviously intended, in collusion with the seller, to enable him to operate upon the credit with the bank. this collusion is also apparent from the indemnity bond they took from the seller to guard themselves against the consequences of the said representation. all the elements of deceit are present. 26. the ..... the learned city civil judge reads : 'did the second defendant act bona fide throughout in issuing the bills of lading and in taking an indemnity from the shippers ?'. 10. the judgment of the learned city civil judge discloses that the question of misrepresentation by collusion was argued and the learned ..... in reused fibre drums. the bills of lading issued by the ship owners described the drums simply as drums. after taking a letter of indemnity to cover against any loss, the ship owners issued clean bills of lading. the seller negotiated the bills of lading with the marine midland trust .....

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Jan 14 1966 (HC)

The Union of India (Uoi) Vs. Alliance Assurance Co. Ltd. and anr.

Court : Kolkata

Decided on : Jan-14-1966

Reported in : AIR1967Cal47

..... by force of the express assignment of the bank's claim.'6. in pariyamianna marakkayar & sons v. banians and co. : air1926mad544 it was observed that:'so far as the contract of indemnity is concerned, by which a person agrees to indemnify another against loss caused by the conduct of a third person and which does not require the consent of, or privity ..... under the policy has by way of subrogation an equitable right to all the claims of the assured against the carrier in respect of the shortage. the contract of insurance against loss is a contract of indemnity. on payment of the amount of the loss the insurer as indemnifier has an equitable right of subrogation to the claims of the assured against the ..... referred to the dictum of lord cairns in simpson v. thomson, (1877) 3 ac 279 that:'where one person has got to indemnify another, he will, on making good the indemnity, be entitled to succeed to all the ways and means by which the person indemnified might have protected himself against or reimbursed himself for the loss.'7. these decisions are .....

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Oct 26 1966 (SC)

Commissioner of Income-tax, Madras Vs. Prithvi Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Oct-26-1966

Reported in : AIR1967SC853; [1967]63ITR632(SC); [1967]1SCR943

..... of life insurance possesses peculiar characteristics which do not exist in respect of other insurance businesses. firstly, the life insurance policies are not contracts of indemnity; they are forms of investments. other classes of insurance business are contracts of indemnity. secondly, the contract in the general insurance is generally annual, while in the case of life business the risk continues until death. unlike general insurance ..... contracts, the life contract, is made once and for all. the general insurance contracts, are in law, fresh contracts entered into at the time of each renewal. thirdly, life .....

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Jul 26 1966 (HC)

Jafar Ali Vs. Ramloo and anr.

Court : Andhra Pradesh

Decided on : Jul-26-1966

Reported in : AIR1967AP234

..... the finding that the 2nd judgment-debtor, viz., the father, had executed the security bond. it was however contended that the security bond amounts to a contract of indemnity under section 124 of the indian contract act, and that it is not a bond executed in the presence of a court or pursuant to orders of court in order to avail himself of ..... . it is not denied that there was no e.p. pending at the time the bond was executed, nor was there any order of the court directing execution of the indemnity bond was filed only with the execution petition against the 2nd judgment-debtor for enforcing his liability.(4) section 145, c.p.c. which took the place of section 253 .....

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Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

Decided on : Jun-06-1966

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

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Mar 10 1966 (HC)

Trustees of the Port of Madras Vs. Bombay Co. (P) Ltd., Madras

Court : Chennai

Decided on : Mar-10-1966

Reported in : AIR1967Mad318a; (1966)IILLJ686Mad

..... decision that section 12(2) of the act as it then stood contemplated only one principal and only one contractor, and if, therefore, there was any sub-letting of the contract, indemnity cannot be obtained under the act and must be sought by recourse to the civil court. the decision of a division bench of the calcutta high court, on a reference ..... "reimbursed" in section 69 is significant. learned counsel referred to the principle of implied indemnity set out in chitty on contracts, 22nd edn., vol. ii, in para, 1035, at p. 445. the principle as regards implied indemnities is thus stated:"in many cases the law implies a promise to indemnity. if the circumstances are such that the law imposes on any person a legal ..... as defined in section 12(1). if there is any further sub-letting of the contract, indemnification cannot be obtained under the act and must be sought by recourse to the civil courts."these two cases clearly recognize the civil court's jurisdiction to tertian claims of indemnity which do not strictly fall within the scope of section 12. in the present ..... or equitable duty to indemnity, it will imply, a promise on his part to do that .....

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Mar 10 1966 (HC)

The Trustees of the Port of Madras, Represented by their Chairman Vs. ...

Court : Chennai

Decided on : Mar-10-1966

Reported in : (1966)2MLJ226

..... of the act as it then stood contemplated only one principal and only one contractor and if therefore there was any sub-letting of the contract indemnity cannot be obtained under the act and must be sought by recourse to the civil court. the decision of a division bench of the ..... reimbursed ' in section 69 is significant. learned counsel referred to the principle of implied indemnity set out in chitty on contracts, twenty-second edition, volume ii, in para. 1035 at page 455. the principle as regards implied indemnities is thus stated:in many cases the law implies a promise to indemnify. if the ..... to the distribution of compensation among the dependents of a deceased workman and against an order allowing or disallowing any claim on the amount of indemnity under the provisions of sub-section (2) of section 12. the absence of any provision for appeal on a determination under section 13 ..... in a strategic position to reduce accidents by efficient organisation and supervision of his staff. this section, it will be seen, provides only for indemnity by the intermediary between the employer and the actual workman. the intermediary also is a person who is engaged by the employer himself. the workman ..... if there is any further sub-letting of the contract indemnification cannot be obtained under the act and must be sought by-recourse to the civil courts. these two cases clearly recognise the civil court's jurisdiction to entertain claims of indemnity which do not strictly fall within the scope of .....

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Dec 21 1966 (HC)

The Concord of India Insurance Company, Ltd. Vs. Kaveri Ammal and anr.

Court : Chennai

Decided on : Dec-21-1966

Reported in : (1967)2MLJ446

..... of 1964, this revision petition is filed by the second defendant.2. before me another ground is also taken that such directions for indemnity cannot in any event be taken after appeal. i may dispose of the last objection raised. order 8-a, rule 5, civil procedure code ..... procedure is applicable only to cases of contribution or indemnity. in effect, a claim to contribution is a claim to a partial indemnity. contribution is bottomed and fixed on general principles of justice and does not spring from contract, though contract may qualify it. a right to contribution may be ..... or (iii) implied from some principle of law.a right to indemnity exists where there is ..... created by statute. a right to indemnity may arise (i) from express contract, (ii) from some statute; ..... an obligation either in a law or in equity upon one party to indemnify the other; and insurer can be added as a third party in an action for personal injury in a road accident as the defendant is entitled to indemnity .....

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Apr 01 1966 (HC)

Badridas Kothari Vs. Meghraj Kothari

Court : Kolkata

Decided on : Apr-01-1966

Reported in : AIR1967Cal25

..... is necessary in the facts of this case to remember is that this is not a case of a collateral or a substituted contract or a partnership agreement or a contract between principal and agent relating to agency or indemnity between them. here the tacts are simply this that two persona entered into fatka or wagering transactions in shares and one became indebted ..... , in our view, a collateral contract in the sense understood in this branch of the law. we shall presently state why we do not consider the promissory note ..... on these facts came to the conclusion 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. the supreme court held that it was suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions ..... and is a matier which is entirely collateral to a forward contract of purchase and sale of bullion which the notification aims at prohibiting.'in the present case before us not only it is not a case of principal and agent, not only it is not a case of right to indemnity as between principal and agent but it is also not .....

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