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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1973 Page 1 of about 415 results (0.044 seconds)

Sep 20 1973 (HC)

M. Ct. Muthiah and anr. Vs. Controller of Estate Duty

Court : Chennai

Decided on : Sep-20-1973

Reported in : [1974]44CompCas254(Mad); [1974]94ITR323(Mad)

..... event of the insured sustaining accidental injury. it resembles life insurance, and differs from other types of insurance in that it is not a contract of indemnity ; it is merely a contract to pay a sum of money on the happening of a specified event, namely, the sustaining by the assured of personal injury by ..... of property as he thinks fit, whether exercisable by instrument inter vivos or by will or both. a personal accident policy is not a contract of indemnity. the amount payable on death of the insured is fixed in the policy itself. it is in the contemplation of the parties even at the ..... the right, immediately prior to his death, to designate a beneficiary and, if he had done so, the effect would have been that the $100,000 indemnity that became payable after his accidental death would have been payable to the named beneficiary instead of to his estate. this, according to counsel for the appellant ..... such accidental means as may be defined in the policy. the event may involve the death of the insured, but the insurance is not for that reason a contract ..... time of the contract that in the case of death the amount would be payable either to the nominee or the legal representatives and not to .....

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May 02 1973 (HC)

Modern Industries Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : May-02-1973

Reported in : [1973]32STC555(All)

..... 22nd december, 1972. it was urged before the revising authority that the assessee had filed copies of the contract and indemnity bond relating to the contract and as such there was an error apparent on the face of the record, which required rectification. the revising authority found as ..... a fact that the contract and indemnity bond were not filed during the course of assessment proceedings, but were filed during the proceedings under section 22 of the act. it, ..... court for a declaration that a certain provision of the orissa sales tax act authorising the imposition of sales tax on a turnover of 'works contracts' and 'repair works' was ultra vires the state legislature and also for refund. the orissa high court allowed the petition, but directed refund ..... at bangalore for and on behalf of the president of india and the property in trust for him, there was no similar provision in the contract of the assessee. the assessee thereafter preferred revisions against the orders of the sales tax officer. these revisions were dismissed by a common order dated ..... the ground that the orders were apparently erroneous, inasmuch as they sought to bring the tax payments received by the assessee in respect of works contracts. a prayer for refund was also made in these applications. the applications for rectification and refund were moved on the 15th june, 1968, for .....

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Mar 28 1973 (HC)

Ramgopal Lath Vs. the Commonwealth Assurance Co. Ltd.

Court : Kolkata

Decided on : Mar-28-1973

Reported in : AIR1973Cal504

..... ornaments did not tally with the list of ornaments mentioned in the letter to the police written on march 25, 1969. dr. das also contends thai the contract of insurance is a contract of indemnity and accordingly the claimant must give evidence of value in order to succeed.4. it appears that the arbitrator in making the award has not given any reason ..... material. it is not a matter which is within the special knowledge of the arbitrators as businessmen of experience and they can only decide that the due dates of the contract were extended provided there were some materials before them on the point. they may be right or they may be wrong but they are entitled to come to a conclusion ..... by the order made under section 20 of the indian arbitration act, 1940 the arbitrator was directed to decide the question whether or not the terms and conditions of the contract of insurance had been satisfied by the petitioner herein. the second argument is to the effect that the arbitrator was guilty of legal misconduct inasmuch as she was clearly wrong .....

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Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-05-1973

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

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Feb 15 1973 (HC)

Narayan Singh Vs. Chhatarsingh and anr.

Court : Rajasthan

Decided on : Feb-15-1973

Reported in : AIR1973Raj347; 1973()WLN128

..... a defendant debtor is diminished in appeal, the surety's engagement, being one of indemnity, would diminish in like proportion. so, if the sum recoverable became zero, owing to the decree being reversed, the surety's liability would also be ..... the decree is allowed to be executed against the surety judgment-debtor be-cause after its satisfaction the principal judgment-debtor shall be required under the contract act to reimburse the surety. this process, if allowed, would ultimately deny the benefits of the act to the principal debtor who is otherwise en ..... any benefit out of the provisions of the act, then those benefits would automatically enure for the benefit of the appellant as his liability under the contract could not be assessed more than that of the principal debtor- i agree with the remarks of spencer, j. referred to above that the surety ..... liability of a surety is co-extensive with that of the principal debtor unless it is otherwise provided for ..... an illustration of the effect ofsection 128, contract act occurs in shek suleman v. shivram bhikaji. (1888) ilr 12 bom 71 where it was observed that if an amount recoverable by a plaintiff, from ..... of that relief 4. the argument of learned counsel for the decree-holder is that the liability of a surety under section 128 of the contract act is co-extensive with that of the principal debtor only to the extent to which the decree is not passed by a competent court, .....

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Apr 30 1973 (HC)

Commissioner of Wealth-tax Vs. Yuvraj Amrinder Singh

Court : Punjab and Haryana

Decided on : Apr-30-1973

Reported in : [1974]96ITR101(P& H)

..... of premiums for a term dependent on human life and shall be deemed to include-- (a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, (b) the granting of annuities upon human life, and (c) the granting of superannuation allowances and annuities payable out of any ..... provisions of section 5(1)(vi) of the wealth-tax act as it is. their lordships, during the course of the said judgment, observed that the contract of insurance between the assessee's father and the life insurance corporation must be read as a whole and, therefore, the main purpose to be achieved by ..... by him to effect an insurance on his life, or on the life of a wife or husband of the assessee or in respect of a contract for a deferred annuity on the life of the assessee or on the life of a wife or husband of the assessee or as a contribution to ..... to effect an insurance on the life of the assessee or on the life of a wife or husband of the assessee or in respect of a contract for a deferred annuity on the life of the assessee or on the life of a wife or husband of the assessee, or as a contribution to ..... ) of this section defines 'life insurance business' in the following terms : '2. (11) 'life insurance business' means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, and .....

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Jun 12 1973 (HC)

Tata Engineering and Locomotive Co. Ltd. Vs. the Union of India (Uoi)

Court : Mumbai

Decided on : Jun-12-1973

Reported in : (1974)76BOMLR675

..... fact that petitioner no. 1 would suffer any financial loss or that such interpretation would put an end to its business. i find that (respondent no. 5 has given an indemnity in the agreement, exh. 'a', to petitioner no. 1 against the loss1 of the vehicle and the guarantor has guaranteed all payments due under the agreement and the due performance ..... of the terms of the contract. there will be no loss to petitioner no. 1 if the vehicle is confiscated. however, i am not taking this aspect of the matter into consideration in interpreting the provision ..... due thereunder, was guaranteed by fakhruddin abdulhussein, who has executed the agreement, exh. 'a', as a guarantor. in case of default, petitioner no. 1 had a right to terminate the contract of hire and recover possession of the truck. it is not in dispute that on january 30, 1969 respondent no. 5 was in arrears of hire charges.2. on january .....

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Jun 29 1973 (HC)

P.C. Cherivan Vs. Varkev George and anr.

Court : Kerala

Decided on : Jun-29-1973

Reported in : AIR1974Ker76

..... 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 be-ins allowed from a third party. if that requisite is satisfied, the court will not be justified, on any extraneous ..... principal debtor and the payee or the drawee is the surety'.the contract to the contrary, as we have already seen, is of no consequence in the present case. the third party when he drew the cheques was ..... note is an accommodation note or bill whether the knowledge is at the time of the endorsement, or afterwards is absolutely irrelevant. not knowledge but actual contract to the contrary is the only thing that will effect a reversal of prima facie position, namely, that the maker or the acceptor, is the ..... original mortgagee and the plaintiff denying the genuineness of the receipt opposed the application.5. it is not necessary that there should be any privity of contract between the plaintiff in the suit and the third party sought to be impleaded. the plea that the cheques were only accommodation cheques is also of ..... liable only as sureties. section 38 would lay down that as between the parties so liable as sureties, each party is in the absence of a contract to the contrary also liable thereon as a principal debtor in respect of each subsequent party. it is clear therefore, that the drawer (third party in .....

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Sep 05 1973 (HC)

Ham Dal Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-05-1973

Reported in : ILR1973Delhi823

..... re-sold'. there is further no provision in the civil procedure code analogous to the proviso to sub-rule (8) of rule 90 providing for execution of an indemnity bond by the auction purchaser instead of making a deposit. there is also no provision in order 21 of the code analogous to sub-rule (10) ..... held by the supreme court, in m/s. bombay salt and chemical industries v. l. j. johnson and others (supra), operates to bring about a binding contract for sale of the property between the department and the auction purchaser. reference to order 21, rule 84 and cases decided under this rule are, thereforee, not ..... could justify the direction for notice; but quite apart from that, having regard to the aspect that we have dealt with above, namely, that a binding contract had come into existence between the appellant and the department, no just exception can be taken before the writ court to the view that shri dubey took ..... he shall not have any claim to the property. the correct position is that on the approval of the bid by the settlement commissioner, a binding contract for the sale of the property to the auctionpurchaser comes into existence.'(8) it is admitted in the instant case that the bid of the appellant ..... bid but after his bid is accepted and he is informed of the same further rights accrue to him. in the eye of law a binding contract comes into existence between the department and the person whose bid is accepted. this view is supported by the observations of the supreme court in m/ .....

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Apr 11 1973 (HC)

Balaram Chatterjee Vs. Hindustan Steel Ltd.

Court : Kolkata

Decided on : Apr-11-1973

Reported in : (1975)ILLJ23Cal

..... so intended it. if he did, i cannot agree with him.18. if there be a dismissal without notice the employer must pay an indemnity, but that indemnity cannot include either compensation for the injured feelings of the servant, or for the loss he may sustain from the fact that his having been ..... the amount earned in the service wrongfully terminated and the time likely to elapse before the servant obtains another post for which he fitted. if the contract expressly provides that it is terminable upon, e.g. a month's notice, the damages will ordinarily be a month's wage ....no compensation ..... the period of notice and the plaintiff was prevented from acting as manager. the plaintiff filed a suit claiming various reliefs including damages for breach of contract. he was successful in the lower court and obtained damages assessed at six hundred pounds on account of wrongful dismissal. bat the court of appeal ..... was entitled to twelve months notice. but clearly the servant's damages ought not to be so limited, the master has committed a breach of contract and so ail damages naturally flowing therefrom ought to be recoverable.15. relying on such authorities mr. roy mukherjee contends that the court should not ..... terminated the latter's appointment with effect from 22nd january, 1960. as such the said termination was wrongful.3. by reason of such breach of contract on the part of the defendant the plaintiff has suffered loss and damages assessed at rs, 50,000. the defendant has not paid any part of .....

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