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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1967 Page 1 of about 364 results (0.045 seconds)

Jan 03 1967 (SC)

Lala Shanti Swarup Vs. Munshi Singh and ors.

Court : Supreme Court of India

Decided on : Jan-03-1967

Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312

..... the covenant on the part of the purchaser to pay off the previous encumbrance on the property sold. under section 124 of the indian contract act 'a contract of indemnity' is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the ..... and venkatanarayaniah v. subramania iyer. 74 i c 209. 6. it was then contended by mr. b. c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937, when the final mortgage decree was passed and not on february 25, 1943 when the plaintiff ..... purchase the vendor's property but also one to relieve the vendor from the liability of the mortgage, and in that sense there was an implied contract of indemnity in favour of the vendor. it follows therefore that article 83 of the limitation act applies to this case and as the sale deed is a ..... the purchaser ought to have paid off the mortgage. in the second place, it is also open to the vendor to bring a suit on the contract of indemnity if as a result of the failure of the purchaser to discharge the encumbrance the vendor incurs a loss. it was contended on behalf of the ..... c. misra put forward the argument that a provision in a conveyance whereby the purchaser agrees to pay off an encumbrancer does not give rise to any contract of indemnity and that the appropriate article of limitation act was article 116 and not article 83 and time began to run from the date from which the covenant .....

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Sep 20 1967 (HC)

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Decided on : Sep-20-1967

Reported in : AIR1970Mad48

..... can be no liability under the contract of indemnity. on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no reason ..... in his classic on marine insurance (british shipping laws vol. 10, page 1193) states the position thus:"...,........ it is entirely foreign to the spirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, there ..... subrogated. it may not be that in every case of loss a third party is liable to the assured, the assured might have acquired by contract absolute indemnity against loss and the insurer might not be able to recover anything from the third party for subrogation. the assured may have really no cause of ..... all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to ..... following form. is there a suit known to law by an insurer, as in this case, who has, partially or wholly, reimbursed the assured on a contract of indemnity, or marine insurance, in respect of loss or injury to the goods, and who seeks to recover from the wrongdoer, to a proportionate extent, as one .....

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Aug 08 1967 (HC)

Seth Narsinghdas Kanhaiyalal Vs. Commissioner of Wealth-tax.

Court : Madhya Pradesh

Decided on : Aug-08-1967

Reported in : [1968]67ITR412(MP)

..... to that money. nor did that clause make the amount of rs. 1,56,471 received by seth narsinghdas as owner, a liability of his. in the case of a contract of indemnity, the indemnifier cannot be called on to make good his promise until the indemnified has incurred actual loss (see rangnath v. pachusao). it is not the case of the ..... government, clearly shows that the amount of rs. 1,56,471 was paid to him as owner of the acquired properties. clause 3 of that agreement is nothing but an indemnity clause providing that if it turns out that the assessee was not entitled to get any amount of compensation and if the government is required to pay any compensation to ..... any fault or defect in his title as represented by him without prejudice to any other remedies for the enforcement of any refund and indemnity, the government may recover any sum payable by way of refund and indemnity as arrears of land revenue.'the wealth-tax officer included by the amount of rs. 1,56,471 also in the net wealth of .....

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Sep 20 1967 (HC)

The Trustees of the Port of Madras, Represented by the Chairman, Madra ...

Court : Chennai

Decided on : Sep-20-1967

Reported in : (1968)2MLJ497

..... can be no liability under the contract of indemnity. on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no reason ..... arnould in his classic on marine insurance (british shipping laws vol.10, page 1193) states the position thus:. it is entirely foreign to the spirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, there ..... subrogated. it may not be that in every case of loss a third party is liable to the assured, the assured might have acquired by contract absolute indemnity against loss and the insurer might not be able to recover anything from the third party for subrogation. the assured may have really no cause of ..... all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to demonstrate ..... following form. is there a suit known to law by an insurer, as in this case, who has, partially or wholly, reimbursed the assured on a contract of indemnity, or marine insurance, in respect of loss or injury to the goods, and who seeks to recover from the wrong-doer, to a proportionate extent, as .....

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Jun 23 1967 (HC)

P. Janakiram Chetty Vs. Punjab National Bank Ltd. and anr.

Court : Karnataka

Decided on : Jun-23-1967

Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168

..... of the learned counsel whether the appellant-second defendant is discharged. chapter viii of the indian contract act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... p. suryanarayanan : air1944mad195 , and the relevant observations relied upon are at page 201, where their lordships have stated that 'sections 140 and 141, contract act, prima facie have reference to the simple case of a surety for a single debt for which the creditor holds a security or securities'. we ..... any act or omission of the creditor, the legal consequences of which is the discharge of the principal debtor. section 135 states that a contract between the creditor and the principal debtor, by which the creditor makes a composition with or promises to give time to, or not to sue ..... it is otherwise provided by the contract. section 129 defines a 'continuing guarantee'. it means 'a guarantee which extends to a series of transactions'. (13) in this case, the ..... guarantee is given is called the 'principal debtor', and the person to whom, the guarantee is given is called 'the creditor'. so a contract of guarantee is a tripartite agreement. section 128 states that the liability of the surety is co-extensive with that of the principal debtor, unless .....

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Apr 21 1967 (HC)

K. Muniandi Vs. Selvarajan and anr.

Court : Chennai

Decided on : Apr-21-1967

Reported in : (1968)2MLJ12

..... page 322 in the following terms: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.6. on an examination of the general principles laid down and set out as above, ..... it is clear that 'indemnity' referred to in order 8-a need not necessarily spring from contract. it can be spelt from the circumstances; but each case has to be decided on its merits. as pointed out ..... the present suit by the plaintiff (assignee) succeeds, might well be brought within the scope of an action for ' indemnity'. the expression indemnity has to be interpreted broadly and would mean claims to indemnity as such either at law or in equity.4. while respectfully adopting the observations of the learned judge, it is ..... he is entitled, in the suit instituted by the son without reference to such payments, to implead the father and obtain contribution or indemnity from him in equity. that such a party placed in similar circumstances is entitled to implead the third party to a suit under order 8-a ..... and claim indemnity from him is clear from the ratio of the decision in rudrappa chetti v. narasimha chetti : air1965mad495 . anantanarayranan officiating c.j. (as he .....

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Mar 31 1967 (SC)

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

Decided on : Mar-31-1967

..... the party aggrieved was in a position to fix or quantify his damages. different considerations would apply to a claim for indemnity. in a case of a simple breach of contract, where the breach is complete on the expiry of the period fixed for performance time commences to run under article 115 ..... indian port within the meaning of the agreement. they, however, did not agree in the conclusion of the trial court regarding the effect of the indemnity clause and held that the second respondent was liable for the damages, if any. the learned judges held that the first respondent was not liable ..... .4105/- was barred by limitation. but, the suit was however, dismissed by the trial court because the second respondent was exonerated by reason of an indemnity clause in the agreement. (33) on appeal to the high court, the learned judges of the high court agreed with the finding of the trial ..... there should be an ascertainment or separation of the goods from the bulk by the seller, secondly, that there should be appropriation of the goods to the contract; thirdly, that the said appropriation by the seller should be with the consent of the buyer; and fourthly, that the appropriation should be unconditional. (37 ..... on the ground that there was no privity of contract between the appellant and the first respondent. then, on the question of the actual damages, the learned judges held that there was no satisfactory proof .....

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1967

Rederi a/B Disa Vs. Cunard Steamship Co.

Court : US Supreme Court

Decided on : Jan-01-1967

..... owner then claimed that cunard was liable to indemnify it for any damages it might have to pay cunard's employee. if the claim of indemnity is considered to be a dispute arising under the charter contract, that contract governs and the controversy must be arbitrated in london. if, however, the controversy arises not under the charter but under the stevedore's warranty .....

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Jun 23 1967 (HC)

Badrinarayan Balakishan Vs. Commissioner of Income-tax, A.P.

Court : Andhra Pradesh

Decided on : Jun-23-1967

Reported in : [1968]69ITR323(AP)

..... against them. the assessee had, however, to pay to the association the amount of the constituents losses, because as a condition of its business as adatias, it had given an indemnity to the association that if the losses were not paid by the constituents, they would be paid by the assessee. the amounts so paid were claimed by the assessee as ..... business as commission agents, the assessee put through certain 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. some of the constituents did not pay their losses, and when the assessee attempted to recover the amounts they refused to pay on the ground that the ..... addressed letters to all the debtors. but, as the tribunal has pointed out, since these debts are speculation debts incurred in transactions prohibited by law, which presumably contravene the forward contracts regulation act, and in some instances if they come under section 15 of that act are even punishable under section 20(2) thereof, the non-receipt of replies from the .....

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May 22 1967 (FN)

Sec Vs. United Benefit Life Ins. Co.

Court : US Supreme Court

Decided on : May-22-1967

..... four dissenting justices] . . . was conclusively rejected . . . in valic for the reason that variable annuities are 'securities,' and involve considerations of investment not present in the conventional contract of insurance." prudential insurance co. v. s.e.c., 326 f.2d 383, 388. it was implied in the majority opinion in valic and made explicit by the two concurring ..... mr. justice harlan delivered the opinion of the court. this action was initiated by the securities and exchange commission to enjoin respondent (united) from offering its "flexible fund annuity" contract without undertaking the registration required by 5 of the securities act of 1933, [ footnote 1 ] and to compel united to register the "flexible fund" itself as an "investment ..... , the question whether the "flexible fund" was an investment company under the investment company act was not reached. held: 1. the operation of the "flexible fund" contract during the pre-maturity period during which the insurer promises to serve as an investment agency is distinctly separable from the post-maturity benefit scheme which is exempted from the ..... circuit syllabus petitioner, the securities and exchange commission (sec), brought this action to enjoin respondent, united benefit life insurance co. (united), from offering its "flexible fund annuity" contract without meeting the registration requirements of the securities act of 1933, and to compel united to register the "flexible fund" as an "investment company" pursuant to 8 of the .....

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