Court : Chennai
Decided on : Apr-10-1970
Reported in : 41CompCas162(Mad); (1970)2MLJ483
..... a sensible way and not assume that the first defendant company intended to entrap its policyholders and destroy the value of the contract of indemnity by reason of the accidental contract of somebody else like the third defendant and it is our duty to construe the instrument in a rational and reasonable manner ..... these great companies intended to entrap their policy-holders and to destroy the value of the contract of indemnity by reason of the accidental contract of somebody-else, which had no connection with the subject-matter of the contract, or with the price paid for the insurance. the learned judge had to consider the ..... against the full insurable value, for any sum received by him under any other policy ; (d) where the assured receives any sum in excess of the indemnity allowed by this act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves. ' 18. ..... claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this act ; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against ..... more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this act, the assured is said to be over-insured by double insurance. (2) where the assured is over-insured by double insurance- .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-09-1970
..... v. anaconda american brass co., 43 wis.2d 36, 168 n.w.2d 112 (1969) (indemnitor not liable for such portion of total liability attributable to act of indemnitee unless indemnity contract by express provision and strict construction so provides); cases collected in annot., 175 a.l.r. 8, 29-38 (1948). other cases do not require that indemnification for the indemnitee ..... to permit indemnification of the government for its own negligence, which had substantially contributed to the injury. held: though the government, under the contract clause involved here, cannot recover for its own negligence, it is entitled to indemnity on a comparative basis to the extent that it can prove that respondent's negligence contributed to the employee's injuries. pp. 397 u ..... court's opinion to the contrary, we do not deal here with "common law or statutory rules of contribution or indemnity." [ footnote 2/4 ] the only question the court decides is the meaning of the words of a clause in a government contract. [ footnote 2/5 ] i think the page 397 u. s. 220 meaning attributed to that clause today is as ..... evidence was presented to the district court. that court merely adhered to the construction of the contract that had been adopted by the court of appeals, 153 f.2d 605 (c.a.2d cir.1946), namely, that the united states was entitled to full indemnity from a stevedoring contractor although both the united states and the contractor were found to have been .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; 40CompCas325(SC); (1970)1SCC248; 3SCR530
..... management of plate, jewels, title deeds or other valuable goods on terms, transacting of pecuniary agency business on commission and the entering into of contracts of indemnity, suretyship or guarantee with specific security or otherwise, the administration of estates for any purpose whether as an executor, trustee or otherwise, and ..... state bank act, the agency business is mentioned in section 33(xii) of the state bank act. the business of guarantee, underwriting and indemnity is found in section 33(xi)(xii)(a) of the state bank act and the business of trusteeship and executorships is specifically found in the ..... or other valuables on deposit or for safe custody and providing of safe deposit vaults, (2) agency business, (3) business of guarantee, giving of indemnity and underwriting and (4) business of acting as executors and trustees. 'banking' was defined for the first time in the 1949 act as meaning the ..... violates the guarantee of freedom of trade, commerce and intercourse in respect of the (1) agency business; (2) business of guarantee and indemnity carried on by the named banks.v. validity of the retrospective operation given to act 22 of 1969 by section 1(2) and section 27 ..... to the chief executive officer of the corresponding new bank with authority to take steps to wind up the affairs of that bank. all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the .....Tag this Judgment!
Court : Chennai
Decided on : Sep-24-1970
Reported in : AIR1971Mad328
..... v. quah beng kee, 1924 ac 177, lord wrenbury stated at p. 182-'a right to indemnity generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or in equity there is an ..... not justify any such limitation being placed on its application, that the expression 'indemnity'' referred to in order 8-a need not necessarily spring from a contract, and that the facts in this case establish an equitable right of indemnity against the assignor's husband. i therefore hold that the lower court was fully ..... that is necessary for the application of third party procedure is whether if the plaint claim is allowed the defendant has a claim, in that event, for indemnity by reason of such claim being allowed, from a third party. if that requisite is satisfied, the court will not be justified, on any extraneous ..... 1, rule 10, c.p.c. relying on this decision, the learned counsel for the petitioner submits that the respondent has no right of indemnity as against the assignor or the assignor's husband and that his only remedy was to file a separate suit for damages in the event of ..... a negotiable instrument, before a third party notice could be issued it is necessary for the court to find whether the defendant is entitled to an indemnity or contribution from the third party concerned. in that case, in defence to a suit on a promissory note the defendant pleaded that certain payments .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-09-1970
Reported in : 28STC339(Guj)
..... sales tax but they also failed. the assessees thereafter approached the tribunal but even the tribunal took a view that the contracts were not works contracts but contracts for the sale of goods and for this decision, the tribunal principally relied upon the supreme court decision given in the case ..... his separate judgment : 'significantly, the underframes remain throughout the property of the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes does not pass to the ..... quality. therefore, in our opinion, clauses 19 and 25 are such that they should conclude the question as to whether this contract was a works contract or a contract for the purchase and sale of a chattel as a chattel. moreover, by reference to clause no. 25 we find that ..... railway staff is expected to work in association with the contractor's staff for the purpose of installation of electrical equipment. these provisions of the contract, therefore, show that apart from the underframes, which were initially supplied by the railway administration, the administration was also expected to supply electrical ..... execution of the contract, and not the 'chattel' which would eventually emerge as a result of the total execution of the work. 19. then we get another group of clauses, namely, clauses nos. 24, 30, 32 and 33. clause no. 24 is with regard to the indemnity to the railway .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-1970
Reported in : AIR1970Mad349
..... instrument as a whole is not absolutely void from the beginning. if it is a case of a mere conveyance without covenants for indemnity and the conveyance fails. section 65 of the contract act may well be the basis, as was the case in the privy council decision. but where the instrument provided for liquidated damages ..... which is a composite document creating not merely a right by way of conveyance which fails for want of title, but also stipulating for compensation or indemnity for loss resulting from that cause. the sale deed in question while asserting that the title was with the vendor clearly set out that if any; ..... meaning of section 49(d) of the stamp act.2. the sale deed contained, besides the operative part of the conveyance, covenants as to title and indemnity. it provides that if right in respect of the property conveyed is found vested in a third party, the vendor would, at his own expense, make ..... notwithstanding the failure of the conveyance for want of title would still be valid and would be actionable apart from the basis of section 65 of the contract act. on that view, it is not possible for us to say that the instrument in this case as a whole is void absolutely from the ..... the conveyance with an alternative prayer for payment of money. the privy council held that the plaintiff was entitled to recover under. section 65 of the contract act.4. we are, however, of the view that while the principle of the decision of the privy council would doubtless be applicable to a case .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-01-1970
Reported in : ILR2006KAR2061; 2006(3)KarLJ172
ordermohan shantanagoudar, j.1. this revision petition is filed by the landlords of survey no. 322 situated at nilaji village, of belgaum taluk, measuring 4 acres 16 guntas, challenging the order of granting occupancy rights in favour of 1st respondent herein by the land reforms appellate authority, belgaum in ralr no. 81/87, dated 13,12.1989.2. the records disclose that the 1st respondent herein filed form no. 7 for granting occupancy rights in his favour for the land hearing survey no. 322, situated at nilaji village of belgaum taluk, measuring 5 acres (actually measures 4 acres 16 guntas). the petitioners herein and respondent no. 4 viz., anantha nansaheb pawar, being the legal representatives of deceased 'changunabai, are the landlords of the said property. the land tribunal on considering the material on record, rejected form no. 7 filed by 1st respondent herein by its order dated 4.12.1986. against the said order, ist respondent filed statutory appeal before the land reforms appellate authority, belgaum. both the parties were permitted to lead evidence before the appellate authority. accordingly, both, the parties have led their evidence. the appellate authority after considering the material on record, including the additional evidence, granted the occupancy rights in favour of the 1st respondent by allowing his application in form no. 7. being aggrieved by the order of appellate authority, the present revision petition is filed by the petitioners.3. sri g. balakrishna .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-29-1970
Reported in : AIR1971Cal285
..... transit. the terms have been embodied in the policy which is valued at rupees 14,000/- as the amount of indemnity and the insured thereby agreed to indemnify the assured to the extent of the value of the policy and there can be, as it appears, ..... policies which were against fire and other risks were not valued ones. accordingly the principles laid down therein have no application in the present case. a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured in, the manner and to the extent thereby agreed against losses in ..... the misrepresentation was on any material facts which had a bearing on the risk undertaken by the insurer. it is settled law that a contract of insurance is contract uberrirna fides and there must be utmost good faith on the part of the assured, imposing an obligation on the assured to disclose all ..... in ordinary course of business, ought to be known to him and if the assured fails to make the disclosure the insurer may avoid the contract. it is also provided inter alia that every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or ..... tea which had been booked, a further question would arise as to whether in the circumstances of this case, the society would be entitled to cancel this contract of insurance. we have already mentioned that according to the insurance policy (ext. c) and the proposal form (ext. b), the consignment which war .....Tag this Judgment!
Court : Chennai
Decided on : Jan-16-1970
Reported in : (1970)2MLJ156
..... upon the clear general principle of hindu law that donee must be in existence, desire not to express any opinion as to certain exceptional cases of provisions by way of contract or of conditional gift or marriage or, other family provision, for which authority may be found in hindu law or usage.in collector of madurai v. moottoo ramalinga sethuputhi (1867 .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-08-1970
Reported in : 80ITR701(All)
..... to the provision of section 87 of the 1961 act. it was further observed on page 631 :'life insurance in a broader sense comprises any contract in which one party agrees to pay a given sum upon the happening of a particular event contingent upon the duration of human life, in consideration ..... happening of a contingent event, and which event must be connected with the life of the assured, the factor of the contract being necessarily disadvantageous to the assessee, is not a necessary ingredient.'13. in chandulal harjiwandas v. commissioner of income-tax,  63 i.t.r. 627 ..... v. commissioner of income-tax, [19461 14 i.t.r. 662 (bom.), it was observed by the bombay high court on page 671:'while the contract must be that, in consideration of a sum of money paid in one sum or by different instalments, the company agrees to pay another sum on the ..... certain equivalent periodical payments by another party.'10. basic features of endowment insurance have been described on page 290 in section 576 :'the essence of a contract by way of endowment insurance is that a specified sum becomes payable, not on the death of the insured, but on the arrival of a specified ..... 's laws of england, 3rd edition, volume 22, on page 272, under section 540 :'. . . . life insurance, in the broader sense, comprises any contract in which one party agrees to pay a given sum upon the happening of a particular event contingent upon the duration of human life, in consideration of the immediate .....Tag this Judgment!