Court : Kolkata
Decided on : Jul-01-1974
Reported in : AIR1975Cal145
..... of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'.'the section in its terms is dependent upon the obligation which arises on the loss caused to the party to be indemnified. the loss may. ..... the state bank of india to the bank of alexandria. the scope and effect of an indemnity is dealt with under the provisions of section 124 of the indian contract act which provides as follows:--'a contract by which one party promises to save the other from loss causedto him by the conduct ..... buyer defendants nos. 1 and 2 were wrongfully purporting to cancel the contract of the said goods. there was a telegram received by the state bank of india from the bank of alexandria on the 28th november, 1967 ..... to be supplied and inspected by surveyor messrs. norman, stewart & co. was not according to specification. therefore, the foreign buyer purported to cancel the contract. the said repudiation, however, is denied and disputed by the plaintiff. the plaintiff alleges that the jute bags were manufactured according to specification and the foreign ..... as per terms of the contract the guarantee should be valid upto the 31st may, 1968. the said instructions are contained in the letter dated the 25th august, 1967. which appears at page 26 of the paper book. on the 29th august, 1967, a letter of indemnity and/of counter guarantee was .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-04-1974
Reported in : 99ITR179(Guj)
..... other properties or should be assessed as an estate by itself. the madras high court held that the personal accident policy is not a contract of indemnity since the amount payable on the death of the insured is fixed in the policy itself, as it is in the contemplation of the ..... policies, other than life policies, and particularly accident policies, would be only contracts inter-parties and not a property. jessel m. r. in in re moore observed that policies of insurance are legal things in action, whether contracts of indemnity or otherwise, and the assured can grant a valid assignment of the right ..... 22. in his book, general principles of insurance law, second edition (butterworths), e. r. hardy ivamy has pointed out at page 10 : 'a contract of insurance necessarily contemplates the existence of something to which an accident may happen, and anything to which an accident may happen, may, therefore, be the ..... to recover under any policy of insurance, without the assent of the insurers. to contend that the right under a contract of insurance contained in an accident policy is ..... parties even at the time of the contract that in the case of death the amount would be payable either to the nominee or the legal .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-1974
Reported in : 45CompCas519(Delhi); ILR1974Delhi669
..... negligence or of a breach of employment to use reasonable care and skill but the case rests entirely on performance of the conditions precedent to the right of indemnity which are specified in the contract between the buyer and the banker resulting in the issue of the credit. (see 'the law of banker's commercial credits' by gutteridge fourth edition, page 42 ..... import license is an integral part of the contract leading to the opening of the letter of credit it is the duty of the banker to see that the documents are in respect of goods and to the extent ..... goods, the former right arising when the documents are tendered and the latter when the goods are landed and, after examination, are found not to be in conformity with the contract. (see 'the law of banker's commercial credits' by gutteridge fourth edition, page 90.)(9) one has, thereforee, to examine the conditions which were agreed upon between the parties. the ..... such as were called for by the credit. there is a difference between the position of a seller and buyer. the position of seller and buyer under c.i.f. contract is that the seller has two distinct obligations : (a) to deliver the proper documents of title, and (b) to ship the proper goods; and that the buyer, in the event .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-15-1974
Reported in : AIR1975AP222
..... in this suit, the plaintiffs are not claiming damages in tort for the loss of services of the second plaintiff's servants. they are claiming indemnity for the amount deposited by the insurer on behalf of the employer under the workmen's compensation act, their case being that the legal liability to ..... with such a question which by section 12(2) is required to be settled, decided or dealt with by the commissioner. but the case of indemnity against a stranger conferred under section 13 of the act stands on a different footing. as has already been observed, there is no provision in the ..... resulted in the permanent disablement of the plaintiff's workmen. it was held the civil court had jurisdiction to entertain the suit. the right of indemnity is conferred by section 13 of the act. the employer is entitled to pursue his remedies against the tort feasor in a civil court having satisfied ..... to be indemnified for such payment from the railways who are legally liable. section 13 of the workmen's compensation act expressly provides for such indemnity. it says:--'where a workman has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the ..... the act. the contractor denied his liability to pay that sum as indemnity to government and brought a suit in the civil court to recover that amount as balance of the amount due to him for the work done under the contract. it was held that the suit was maintainable. we are unable to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-12-1974
Reported in : AIR1975SC1223; (1975)2SCC208; 3SCR1
..... employed to do, are lawful. agreements to commit criminal acts are expressly and specifically excluded, by section 224 of the contract act, from the scope of any right to an indemnity. these appeals are, therefore, liable to be dismissed on merits, but, inasmuch as both sides to the unlawful agreements ..... supplies (temporary powers) act, 1946 (hereinafter referred to as 'the central act').10. section 2, sub-section (3) lays down :'contract' means a contract entered into, made or to be performed in whole or in part in any notified area relating to the sale or purchase of any ..... of and on behalf of the defendants.4. the plaintiff's case was that the authority to engage in badla transactions on forward contracts, which are contracts for the delivery of specified goods on future dates, implied what is known as 'continuation' or 'carrying over' in the terminology ..... authorities recognising the enforceability of agreements collateral to what are merely void agreements. it rightly relied on decisions holding agreements collateral to prohibited contracts also to be un-enforcible because a taint attaches to them which makes them also contrary to public policy. such agreements fall within ..... seeds in bombay market and for this purpose engaged the plaintiffs as commission agents to contact with bombay commission agents, who were entering into contracts with customers for. purchasing or selling groundnut seeds and castor oil seeds, according to the orders of the defendants which the plaintiffs were .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-30-1974
Reported in : 45CompCas176(Bom)
..... and which conditions have, by trade usage and judicial decisions, received a certain specific meaning and the same intention should, therefore, be ascribed to the parties entering into such a contract. if that be so, than in the present case also, it is clear to my mind, that the parties intended to give to the expression used in condition no. 6 ..... of all standard insurance policies like fire, burglary, motor accident, etc., usually incorporate in them standard and similar conditions. such conditions are well understood by the parties entering into a contract of insurance and by usage and practice the words used in such conditions have received an accepted meaning in trading circles. 12. before i proceed to deal with the legal ..... knowledge that where in a policy either of fire, burglary or a motor accident, the assured wants an indemnity for an additional risk such as riot, civil commotion, etc., an extra premium has to be paid. therefore, at the time when such a contract is entered into, the insurer is fully aware of the consequences if property is not covered faith a ..... of money'. now this expression is not a legal expression but an expression of common occurrence in contracts of various types and used by the various contracting parties with a different intension, it may be used in a building contract, it may be used in a contract relating to sale of goods or it may occur in an hire purchase agreement. therefore, in every .....Tag this Judgment!
Court : Kerala
Decided on : Mar-29-1974
Reported in : AIR1974Ker183
..... all persons so interested the advantage so gained, but subject to repayment of such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.'9. continued existence of the relationship of mortgagor and mortgagee i is essential for the application of the aforesaid provisions. in the ..... of property act reads :'where the mortgaged property is a lease, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease.'section 90 of the indian trusts act reads:'where a tenant for life, co-owner, mortgagee or other .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-14-1974
Reported in : AIR1974Cal193
..... shall satisfy the company by such evidence as the company may reasonably require that the loss or damage in respect of which theinsured claims indemnity has actually arisen from one of the risks insured against and that the property in respect of which such claim is made is not merely ..... (6), there were no statutory provisions in england empowering the court to extend the time which the parties fixed for preferring a claim under a contract to arbitration. the said provisions of english act in section 16 (6) have been reproduced in the indian arbitration act, 1940 section 37(4) ..... including the arbitration clause, unless the provisions of the clause are wide enough to include the question of jurisdiction. where the existence of the contract is acknowledged, but one of its terms is relied upon as disentitling the claimant to recover, the arbitration clause is effective. the distinction is ..... the respondent's insurance company has disclaimed the claim of the petitioner on the ground of fraud as the police report declared. therefore, the whole contract has become void and the arbitration clause cannot be invoked. i cannot accept the contention of mr. sinha firstly, on the ground that the said ..... a ground for rejecting this application of the petitioner. the second contention of mr. sinha was that under clause 12 of the said insurance contract, the petitioner should be' deemed to have abandoned all its claim having not referred the matter to arbitration within three months after the said .....Tag this Judgment!
Court : Kerala
Decided on : Nov-27-1974
Reported in : (1976)ILLJ354Ker
..... part of the ordinary trade or business of the company. nevertheless, the company wanted hazara singh also to be brought on the party array to claim indemnity against the contractor. the commissioner for workmen's compensation decreed the claim against the company and also directed hazara singh to indemnify it. it was against ..... of the second part of the (s. 12), however, is altogether different. what is required there is that the work to the execution of which the contract relates, must be one ' which is ordinarily part of the trade or business of the principal.' i find it wholly impossible to hold that where a company ..... imposed upon him if he had done it himself towards the workman employed in the business.' on the other hand, where a person enters into a contract with another by which that other does work which ordinarily forms no part of the principal's business then there is no reason at all why the ..... attract section 12(1) and one of them is that the principal employer has, in the course or for the purpose of his trade or business contracted with any other person for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the ..... section 12.where any person (hereinafter in this section referred to as the principal) in the course of or for the purpose of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part .....Tag this Judgment!
Court : Delhi
Decided on : Aug-23-1974
Reported in : 10(1974)DLT394; ILR1975Delhi115; 1974RLR673
..... by filing an interpleader suit and obtain a decision as to the person to whom the payment or delivery shall he made so as to furnish indemnity for himself. the requirements of the section are that the plaintiff seeking to avail of this right must be ready to pay or deliver the ..... rival claimants were entitled to the performance of the obligation under the insurance policy but the nature and effect of the relevant clause in the insurance contract and as to the nature of obligation it operated to create on the company itself. buckley lord justice very aptly set out this aspect of ..... the amount forming the subject matter of the interpleader suit from pakistan in discharge of the liability of the undivided government of india under the specified contracts. it held the amount so received by way of a resultant trust. to discharge the obligation created by this trust, it was reasonably expected of ..... by union of india from pakistan government. he denied that the partnership alleged by defendants 2 and 3 ever came into existence and that the contracts were executed by the alleged firm and that the union of india illegally withheld this amount in spite of full knowledge that it was defendant no ..... from the government of pakistan on partition of the sub-continent, being the amount due on account of certain works executed in pursuance of certain contracts entered into by the government of undivided india. the appellant herein registered a claim for l/3rd of this amount with the controller general of .....Tag this Judgment!