Court : Mumbai
Decided on : Feb-12-1968
Reported in : (1968)70BOMLR487; 38CompCas294(Bom)
..... england and in india. 4. in english common law both before and after the judicature act of 1873, right upto 1906, subrogation was an equitable arrangement incident to all contracts of indemnity and to all payments on account thereof. the doctrine has been discussed in arnould of marine insurance in volume 10 of british shipping laws, 1961 edition. in burnand v. rodocanacdi ..... the person indemnified might have protected himself against or reimbursed himself for the loss.' 8. the principle insisted upon throughout is that it is entirely foreign to the spirit of contracts of indemnity that a person indemnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, there 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 why such third party ..... person viz., insurer, cannot subsequently enforce it against the promisor, viz., the carrier. in other words, the argument was that where an assured person accepts money under a contract of insurance or indemnity from the insurer, he cannot subsequently sue the wrongdoer or the tort-feasor in respect of any claim for loss or damage. here, as we have pointed out, the .....Tag this Judgment!
Court : Chennai
Decided on : Nov-11-1968
Reported in : 24STC79(Mad)
..... touching the several companies being parties to the agreement. in the course of its business, as it is said, it had collected salvage of goods in respect of which contract or contracts of indemnity had been enforced or had come in for payment of compensation. as far as we have been able to see, it does not appear, either from the agreement under ..... a regular business proposition. that being the case, the matter should be looked at from the point of the nature and effect of contract of insurance, which is essentially one of indemnity. when the contingency for enforcement of indemnity arises and indemnity is paid under the terms of insurance, normally, the subject of accident becomes vested as the property of the relative insurance company .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-06-1968
Reported in : (1970)IILLJ167AP
..... in section 30, which gives a right of appeal, though an appeal is provided against an order allowing or disallowing a claim for the amount of indemnity, it is confined to orders under section 12(2). if it was contemplated that the commissioner should be given power under section 13 to settle the ..... paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid.this section gives right to the employer ..... principal. the section does not simply declare the right but provides further that all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner. it is significant that there is no provision made in this section with regard to ..... the relation of contractor from whom the workman could have recovered compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3) nothing in this section shall be construed as preventing a workman from recovering compensation ..... provision in the act which provides for the liability on others for compensation amount by way of indemnity. it reads thus:where any person in the course of or for the purpose of his trade or business contracts with any other person for the execution by or under the contractor of the whole or .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-26-1968
Reported in : AIR1969Bom401; (1969)71BOMLR214; ILR1969Bom864; 1968MhLJ797
..... manager of 'that railway' (the underlining (herein ' ') is ours). emphasis is laid again on the expression 'that railway'. 'that railway' means the particular railway which is either the contracting railway or is otherwise responsible as the railway or is otherwise responsible as the railway on whose lines the damage took place. as a cumulative effect of reading the provisions ..... may be, or against the railway administration on whose railway the loss, injury, destruction or deterioration occurred.'according to this section, only two railway administration are answerable - the contracting railway as well as the railway on whose routes the loss or damage took place. mr. tambe argues that either of these railway administrations being answerable, the plaintiff or a ..... 77 for understanding the relevant railway administrations which are to be served with notices, since section 80 of the railways act permitted a party to claim damages from the contracting railway, or where the goods travelled over the lines of other railway administrations and which traffic is described as through traffic, from the railway administration over whose lines the ..... required by the company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the company shall be or would become entitled or subrogated at the expenses of the company. the original contract with the railways in this case is between the plaintiff no. 1 and the railway administration. the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-01-1968
..... of appeals of the state of georgia and remand the case for further appropriate proceedings. * section 5, as set forth in 45 u.s.c. 55, is as follows: "any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to ..... by virtue of any of the provisions of this chapter, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity" that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought.Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1968
..... inequitably, recourse may be had to the commission for relief pursuant to its reserved jurisdiction, subject to judicial review. with respect to the contention that, regardless of whether the indemnity provisions constitute a revenue pool, those provisions will induce the protected carriers and penn-central improperly to divert traffic to one another and thereby to injure the unprotected roads, the ..... be significantly lessened." an accompanying footnote reads: "shapp's contentions that competition would be substantially curtailed and that rail facilities in the eastern and western portions of pennsylvania would be contracted are predicated on the merger of both e-l and d & h into n & w. however, the merger of e-l into n & w is not authorized herein [ ..... , even if we consider the section applicable in these circumstances, there is no merit to the contention that the protective conditions must be struck down. section 5(1) proscribes "any contract, agreement, or combination [among] . . . carriers for the pooling or division of traffic, or of service, or of gross or net earnings, or of any portion thereof" unless the ..... types: traffic conditions that require the merged penn-central not to change routes, rates, or service in such a way as to divert traffic from the protected lines, and revenue indemnity conditions establishing a formula whereby penn-central is to compensate the protected lines in the event of adverse revenue results following the merger. [ footnote 5 ] at the time the .....Tag this Judgment!
Court : Orissa
Decided on : Oct-30-1968
Reported in : AIR1969Ori91
..... standard general assurance co. ltd., air 1965 cal 16 dealt with the case of a company whose original object was to carry on all kinds of insurance, guarantee and indemnity business. one of the other objects was to carry on business as capitalists, financiers, concessionaries and merchants and to undertake and carry on and execute all kinds of financial ..... carried on in conjunction therewith or which is capable of being conducted so as directly or indirectly to benefit the company and further to enter into any arrangement or contract with any person, association or body corporate whether in india or outside for technical collaboration, technical know-how or for such other purpose that may seem calculated (sic ..... and to transact all kinds of agency business.(16) to guarantee the payment of money unsecured or secured by or payable under or in respect of bonds, debentures, debenture stock, contracts, mortgages, charges, obligations and other securities of any company or of any authority. central, state, municipal, local or otherwise, or of any person whomsoever, whether incorporated or ..... running the company's mills, factories etc., or otherwise and to supply it to others and to work or establish as electrical contractors, engineers, etc. and to take and execute contracts forthe erection and distribution of transmission lines and sub-stations.(15) to act as stockists, commission agents, manufacturers' representatives or agents, selling and purchasing agents, dealers, suppliers, distributors .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-1968
Reported in : 24STC496(Bom)
..... and machineries. the sales tax authorities sought to impose sales tax on the appellant on the materials supplied in the execution of the said contract on the ground that such supply was a sale. the appellant filed a writ petition under articles 226 and 227 of the constitution of ..... carrying out the work. nor does the stipulation with regard to payment indicate that the material formed the major part of the consideration for the contract. it is unnecessary for us to consider the said specification and estimate, or the terms and conditions contained therein, in any further detail, ..... was payable to the extent to which the said contract involved the rule of materials. on the matter being taken up to the sales tax tribunal, that view of the deputy commissioner was upheld, ..... commissioner came to the conclusion that the transaction essentially consisted of two contracts one for the supply of materials for consideration, and the other for services rendered and labour done, and he, therefore, held that sales tax ..... before the deputy commissioner of sales tax for the determination of the question as to whether any tax was payable by the applicants on their contract dated 6th june, 1959, with messrs aryodaya ginning and ., for the installation of their patented automatic plant for protection against fire. the deputy .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-1968
Reported in : AIR1969Bom342; (1969)71BOMLR179
..... regard to possession must also be decided in conformity with the provisions of the act. even in a suit brought by a tenant on the basis of his contract, the matters which will be (1) whether the plaintiff is a tenant and whether the suit is between a tenant and the landlord as alleged and (2) whether the plaintiff ..... to the decision of the supreme court says (p. 675 of bom lr) = (at p. 184 of air):-'a tenant or a sub-tenant who claims his rights under the contract with his landlord is also a tenant within the meaning of the act. his landlord is also a landlord within the meaning of the act. the dispute between them in ..... section of the rent act which would justify cutting down the scope of section 28 or holding that suits on contract were intended to be excluded from the purview of the section.'7. in answer to contention that in a suit on contract no relief is claimed under the rent act and the rights are de hors the act and ,therefore, the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-05-1968
Reported in : AIR1969Cal406
..... offered to repurchase it before that date, but the purchaser denied that there was any agreement to reconvey. it was held that this amounted to a complete repudiation of the contract to convey. it was held that in cases of this kind no question of formal tender would arise. if the purchaser definitely and unequivocally refused to carry out his part ..... of the contract and intimated that the money will be refused, if tendered, then no further tender was necessary and the question whether any money was paid by the seller was irrelevant. the .....Tag this Judgment!