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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1971 Page 1 of about 424 results (0.042 seconds)

May 21 1971 (HC)

Hindustan Sugar Mills Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : May-21-1971

Reported in : AIR1972All8

..... the duty would be payable in accordance with that provision and not in accordance with article 15.23. section 124 of the indian contract act defines a 'contract of indemnity' as follows:--'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 conduct of any other person, is called a contract of indemnity.'24. in the instant case there can be no doubt that by making the recitals in the last part of paragraph 3, and the 4th ..... loss that may be occasioned to it by his conduct in not paying the sales tax when demanded. this is clearly a contract of indemnity and the bond executed will become an indemnity bond liable to duty under article 34 of the schedule, it will therefore fall outside the ambit of article 15 of the ..... government from loss that may be caused to it by sri adukiya in performing his obligations. this agreement clearly amounts to a contract of indemnity as defined in section 124 of the contract act.12. in the last two paragraphs of the deed, it has been mentioned that without prejudice to any other rights or ..... already been referred by it. the additional questions are as follows:--(3) whether the document executed by sri gangadhar adukiya is in the nature of an indemnity bond falling under article 34 schedule i-b ibid, chargeable with a duty of rs. 18/- and the document executed by sarvasri kunj behari lal and .....

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May 14 1971 (HC)

Shankarlal Vs. Chimanlal and ors.

Court : Rajasthan

Decided on : May-14-1971

Reported in : 1971WLN163

..... as well as the defendants. the above suit was decreed only against the plaintiffs but was dismissed against the defendants because it was held that there was no privity of contract between the maharaja of kishengarh and the defendants. maharaja of kissinger in execution of the decree recovered from the plaintiffs rs. 7000/- on 26th april, 1968, rs. 4000/- on 3rd .....

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Sep 16 1971 (HC)

Prakash Pottery Industries, Chunar Vs. the District Magistrate, Mirzap ...

Court : Allahabad

Decided on : Sep-16-1971

Reported in : AIR1972All97

..... of india or any other scheduled bank; or(b) be construed to bar a suit or affect any other right or remedy against any other person in respect of a contract of indemnity or guarantee entered into in relation to an agreement referred to in sub-section (1).' section 3 of the amendment act does not apply to the dues mentioned in .....

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Dec 17 1971 (SC)

The Commissioner of Commercial Taxes, Mysore, Bangalore Vs. Hindustan ...

Court : Supreme Court of India

Decided on : Dec-17-1971

Reported in : AIR1972SC744; (1972)1SCC395; [1972]2SCR927; [1972]29STC438(SC)

..... sum due or any sum which at any time hereafter may become due to the company under this or any other contract.11. we have set out the terms of the indemnity bond in great detail because the learned counsel for the appellant has strongly relied on the terms thereof.12. the text ..... for payment of the sales tax paid by you under misapprehension of law.10. there is an indemnity bond in respect of this contract and we may set it out fully.1. standing indemnity for advance payment against contract relating to railway board's order for construction and delivery of all metal iii class b.g. ..... the material used for the construction of coaches before its use is the property of the railway. this is quite clear from para 1 of the indemnity bond set out above. no other meaning can be given to the words in the bond to the effect that 'the hindustan aircraft ltd. hereby ..... , the deputy commissioner of commercial taxes confirmed the order. in revision the commissioner of commercial taxes also came to the same conclusion. he observed :the contracts specifically mentioned that the under-frame shall always remain the property of the railway board. on the other hand, the order placed with the assessee company ..... coaches now pending under orders nos. 52-142/4/m dated 16th february, 1952 and 53/142/4/m dated 3rd march, 1953 and against contracts in respect of .....

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Sep 10 1971 (HC)

Maliram and ors. Vs. Jagmohan and ors.

Court : Rajasthan

Decided on : Sep-10-1971

Reported in : 1971WLN632

..... his representative character as heir that the plaintiff can be made liable to such refund, and that liability depends, it appears to us upon whether there was an implied contract of warranty or indemnity as to the title co sell the village between subbaraya and the 1st defendant's father. that is a question which must, we think, be left for determination ..... undivided coparcener with the incidental right of partition and the transferee was not entitled to more than the moiety of the village lands which were alone the subject of the contract of sale. it was contended on behalf of the alienee that the plaintiff had succeeded as heir to the share of subaraya in the rest of the family property and .....

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Nov 25 1971 (HC)

Life Insurance Corporation of India and anr. Vs. Kasturben Naranbhai V ...

Court : Gujarat

Decided on : Nov-25-1971

Reported in : AIR1973Guj216

..... the tune of the ceiling limit of rs.20,000/- can be fastened on the insurance company as we have already held that the statutory indemnity can be claimed even by the third party in this proceeding after giving opportunity to the insurer to establish statutory defence for escaping liability. the ..... to contravene section 94. the driver was a licensed driver and, therefore, this being a case of permissible user by the original owner the statuary indemnity clause in section 95 (5) even in respect of such a person was clearly applicable. therefore, even if it is the driver who was liable ..... is settled legal position that even if the insure may be entitled to avoid or cancel the policy, the instruct company must fulfill its duty of statutory indemnity under section 95 (5) by indemnifying the concerned driver soloing as he was permitted to driver the vehicle in question by the assured who was, ..... has already interpreted the effect of such non obstinate clause in section 36(4) of the road traffic act, 1930, which had given this statuary indemnity in addition to the duty of the insurer to satisfy the judgment against section 10 (2) of the 1934 road traffic act. lord goddard had pointed ..... increased. the extent of the liability of the insurance company has to be measured by this statutory indemnity clause in section 95(5) irrespective of the fact as to what are their rights inter se under the contract of policy. therefore, the first contention must obviously fail.5. as regards the second question .....

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Sep 20 1971 (HC)

Eldee Velvet and Silk Mills Pvt. Ltd Vs. Anant Ram Whig

Court : Delhi

Decided on : Sep-20-1971

Reported in : ILR1971Delhi249

..... asking for specific performance. (64) the question then is whether the appellant is entitled to damages in view of our finding that the respondent had committed a breach of the contract between the parties. mr. tarkunde contended that the parties, notwithstanding the issue, have not led their evidence on the question of damages, and thereforee, if damages are to be ..... not arbitrary. but, as provided in case ii in the said section, it would be a proper exercise of discretion not to decree specific performance 'where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff'. in the present case, provisional possession ..... the agreement of sale was subject to the receipt of the final letter of adjustment of compensation by the respondent from the government, which was never received, and thus the contract never became capable of specific performance; that the transfer in favor of the appellant could not be effected by the respondent without the concurrence of the government which concurrence the ..... to realise the amount mentioned in the indemnity in case of forfeiture by the government. (56) taking all the circumstances set out above into consideration, we are of the view that it cannot be. said that the respondent deliberately and willfully commenced and completed the construction of the building with the object of avoiding the contract which he had entered into with .....

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Mar 29 1971 (HC)

ishar Das Vs. the Punjab National Bank Ltd. and anr.

Court : Delhi

Decided on : Mar-29-1971

Reported in : AIR1971Delhi252

..... the guarantor vide schedule `a' hereof of the amounts due from the debtor become irrecoverable in the opinion of the bank, the bank's right of indemnity against the guarantor would be limited to the extent of the security deposit now held by the bank under the terms of this agreement i.e. up ..... does not provide for any existing liability for all the debts guaranteed by the guarantee broker but creates a contingent liability. on this view of the contract, it follows that at any given time the guarantee broker may be a creditor of the bank and at another a debtor of the bank inasmuch ..... the help of the bank when there is a failure of the principal debtor. if the liability was concurrent as provided in section 128 of the contract act, the bank would always be realizing its debts from the guarantee broker without first attempting to realize the same from its debtors or from the ..... clause 5 of the agreement is as follows:'5. that the guarantee broker shall be responsible to the bank for the due fulfilllment and performance of all contracts and engagements guaranteed by him under this agreement. the guarantee broker shall indemnify the bank for all losses, which may arise as hereinafter provided'clause 7 ..... respect of various branches which are now in pakistan. there was an agreement between the parties on 24th january, 1942, setting out the terms of the contract. the petitioner alleges that in furtherance of the said guarantee he gave a cash security of rs.1,08,155/9/6 as well as the .....

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Apr 14 1971 (HC)

The Mewar Textile Mills Ltd. Vs. Sita Ram Basanti Lal Jain.

Court : Rajasthan

Decided on : Apr-14-1971

Reported in : 1971WLN200

..... and the consignee obtained delivery of the goods from the railway not by retiring the bill and producing the railway receipt but by giving a letter of indemnity to the railway.16. in mussadi lal v. union of india (supra) though the railway receipt was drawn in the name of the consignee it was ..... as found by the learned district judge show that they had been charging interest at the rate of 9% from each other. section 221 of the contract act fully governs the case. the lower court has rightly decreed the suit. i do not find force in the contentions raised on behalf of the ..... court in harilal v. pehladrai & co. (supra) after quoting the above passage observed that 'this precise statement is not found in the indian contract act, but the indian contract act is not exhaustive and speaking for myself, this provision appears to me to be good sense'. it was a case where the agents were ..... pass to the company until it paid for the goods. bowstead on agency (thirteenth edition) in article 82 at page 239 states:where an agent by contracting personally, renders himself personally liable for the price of goods brought on behalf of his principal, the property in the goods as between the principal and the ..... the defendant. but the question as to when property in the goods passes depends upon the intention of the parties having regard to the terms of the contract, their conduct and the circumstances of the case. sections 20 & 24 of the sale of goods act jay down the rules for ascertaining the intention .....

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Apr 19 1971 (HC)

Union of India and anr. Vs. M. Mariaprakasa Mudaliar Sons Karur

Court : Chennai

Decided on : Apr-19-1971

Reported in : AIR1972Mad140

..... in charge, dilbrugarh, to enable rebooking of the goods. this direction was complied with by the respondent on 17-12-1962 and the receipt of the indemnity bond was acknowledged on 24-12-1962.but in spite of repeated reminders the concerned official did not send any information. but only on 4-1-1963 ..... of importance is section 77(1) and it provides:--"a railway administration shall be responsible as a bailee under ss. 151, 152 and 161 of the indian contract act 1872, for the loss, destruction, damage, deterioration, or non-delivery of goods carried by a railway within a period of thirty days after the ..... of goods. under the general law, a bailee who has no right to sell the goods bailed unless such right is conferred upon him either by contract or by any special statute. section 55 of the act confers on the railway administration the power to sell the goods. provided the conditions mentioned in ..... of goods is defined by section 72(1) of the act to be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 subject to the other provisions of the act. sections 72 and 77 are included in chapter vii dealing with responsibility of a railway administration ..... w. bill no. 2161 dated 3-9-1962., he had also written that rebooking of the same could not be done and the respondent was directed to contract the goods clerk in charge of the lost property office, dilbrugarh town. in accordance with the said direction, the respondent forwarded its forwarding note for rebooking the .....

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