Court : Madhya Pradesh
Decided on : Dec-17-1975
Reported in : AIR1976MP208
..... sense in which it is usedand understood by the persons concerned. the english courts have also takenthe view that man slaughter arising fromnegligent driving on the road is coveredby the contract of indemnity in respectof accidental injury; (1921) 3 kb 327 and(1927) 2 kb 311 which were proved bydenning l j. in maries v. philip trantand sons ltd. (1954-1 qb ..... the meaning of which may vary according as the context varies. in criminal jurisprudence crime and accident are sharply divided by the presence or absence of mens rea. but in contracts such as those of marine insurance and of carriage by sea this is not so. in such cases the maxim 'in jure non remote causa sed proxima spectatur' is applied ..... the statute or the instrument considered as a whole clearly conveys a somewhat different shade of meaning. it is not always a safe way to construe a statute or a contract by dividing it by a process of etymological dissection and after separating words from their context to give each word some particular definitions given by lexicographers and then reconstruct the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-1975
Reported in : 48CompCas169(Delhi)
..... been registered with the registering authority or not. it was finally held that, in the absence of a stipulation to the contrary, an insurance policy which was a personal contract for indemnity, lapsed upon the transfer of the motor vehicle and the benefit of the policy was not available to the transferred without an express agreement with the insurance company. thereforee, if ..... shall be deemed to be the insured and whose proposal and declaration dated 24-8-1961 shall be deemed to be incorporated in and to be the basis of this contract.'15. ex. r/3/13 is a letter from the finance company to the insurance company by which the former informed the latter that the vehicle no. dlg 4726 had .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-07-1975
Reported in : AIR1976AP171
..... . vijayalakshmi, : air1966mad244 and queensland insurance co. ltd., v. rajalakshmi ammal, (1970 acj 104) (mad) are relied on. the ratio of these cases is that an insurance policy is a contract of personal indemnity and the insurer cannot be compelled to accept the responsibility in respect of a third party who may be quite unknown to him. change of ownership of a vehicle ..... agreement with the 1st respondent, its liability to pay compensation does not continue after the death of the insured. what was argued upon in the policy is only a personal indemnity to the insured and on his death that has become void and inoperative. it should, therefore, be deemed that the 1st respondent was driving an insured carat the time of .....Tag this Judgment!
Court : Chennai
Decided on : Aug-27-1975
Reported in : (1976)1MLJ349
..... time when a decree is passed. i have already expressed that the foundation on which contribution or indemnity is based need not always spring from a contract, but it might flow from justice or equity of the case. that being the situation, and in view of the attitude of defendants 2 and 3 ..... fact he agreed with this contention. in the later decision of mine, after referring to the meaning of the words 'contribution' and 'indemnity' i expressed the view that a third party notice could be issued unless there is a contract to the contrary in the negotiable instrument itself so as to quantify the liability amongst the co-promisors at or about the ..... party notice be issued to defendants 3 to 7 and thereafter, in the course of trial, the question of contribution by them to him on the basis of an alleged indemnity claimed by reason of the petitioner and defendants 3 to 7 being joint co-promisors in a negotiable instrument be decided. that application was dismissed. the short facts are as ..... prayer for the issue of the third party notice.3. i am inclined to agree with the learned counsel. the words 'contribution' and 'indemnity' used in order 8-a, rule 1, civil procedure code, have a special significance. such indemnity or contribution need not necessarily arise from a contractual liability. if on the facts, justice or equity demands that one co-defendant is liable .....Tag this Judgment!
Court : Delhi
Decided on : Nov-14-1975
Reported in : AIR1976Delhi236; 1976RLR278
..... into the internal relationship between the consignor and consignee. unless he has been made familiar with circumstances justifying the conclusion that the case has not the normal features of a contract of sale, he is safe if he pays damages to the consignee, while he pays the consignor at the risk of having to compensate the consignee all over again. ..... parties. thus by agreement between the consignor and the consignee the risk of the goods may remain with the consignor until delivery ......................................' 'further, if the consignor has made a special contract with the carrier for the carriage of goods, or if the consignor has delivered them to the carrier as agent for the consignee, the consignee is the person to sue ..... p. factories, : 1scr580 the supreme court has laid down the following proposition: '........................ ordinarily, it is the consignor who can sue if there is damage to the consignment, because the contract of carriage is between the consignor and the railway administration. where, however, the property in the goods carried has passed from the consignor to consignee, the latter may be able ..... , be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company.' 28. it is said that the consignee is not a party to the contract and, thereforee, cannot sue. as dr. john morris in chitty on contracts (23rd ed.) page 269 says: 'the difficulty that he (the consignee) does not .....Tag this Judgment!
Court : Chennai
Decided on : Jan-02-1975
Reported in : AIR1976Mad55; (1975)2MLJ257
..... period reasonable notice must be given of the revocation or renunciation of the agency and, etc. the question of damages and the question of indemnity doubtless would overlap in the circumstances of these agencies, and in the case of the burmah oil company we knew that the sum of . ..... this rule is subject to exception arising from the particular circumstances of the case; and in india the matter has been dealt with by the contract act. section 206 lays down : 'reasonable notice must be given of such revocation or renunciation; otherwise the damage thereby resulting to the principal ..... damages to the other in the absence of sufficient cause or reasonable notice. notwithstanding this facility available to the parties, if they do not contract to that effect and enter into a relationship of principal and agent without there being any fixed period for the continuance of such relationship, ..... themselves want to avoid and provide for a safeguard against, abrupt or arbitrary termination of the relationship there is nothing to prevent them from contracting between themselves that the relationship would not be terminated until the expiry of a particular period. in such a situation, if the agency is ..... agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. section 203 provides that the principal may, save as is otherwise provided by the last preceding .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; 2SCR347
..... amendment is supportable to invalidate a judgment.36. abeyesekera's case 1932 ac 260 (supra) is an authority for the proposition that the legal infirmity can be removed and active indemnity can be passed to relieve from penalties incurred.37. in piare dusadh's case (supra) the special criminal courts (repeal) ordinance, 1943 which conferred validity and full effectiveness on ..... and the state legislatures. those to whose wisdom and judgment the constituent power is confided, will evoke scorn and derision if that power is used for granting or withdrawing building contracts, passing or failing students or granting and denying divorces. but the electorate lives in the hope that a sacred power will not so flagrantly be abused and the moving finger ..... of the question as to what the power of amendment comprehends. promoting and demoting government servants, passing and failing students who have appeared in an examination, granting or withdrawing building contracts and last but not the least, declaring who has won and who has lost an election are matters clearly outside the scope of the amending power under article 368, which ..... basis of a set of positive legal rights, essential and necessary to the fulfilment of the needs of human beings as individuals, was advanced by locke. he visualised a social contract as a means of achieving the welfare of individuals composing society. he also advocated separation of powers of government in a constitution as a method of securing rights of individual .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-23-1975
Reported in : AIR1974AP243
..... &w; 820 lays down that the words 'readiness and willingness used in such a connection imply not only the disposition but the capacity to perform the contract, then says that when repudiation is accepted and acted upon by the seller, as it evidently was in this case, the seller is relieved from the ..... is not whether any money was within the power of the seller but whether the purchaser definitely and unequivocally refused to carry out his part of the contract and intimated that money will be refused if tendered. their lordships of the supreme court referred to the decision in hunter v. daniel, (1845) ..... of the 2nd defendant cancelled. the 1st defendant sent a reply to this notice through his lawyer stating that the plaintiff had committed breach of contract by no discharging the debts within the time stipulated under the agreement and in these circumstances he was entitled to deal with the property and ..... the necessary issues. after considering the oral and documentary evidence he held that time was not at all essence of the contract under ed. a-1 the agreement. he held that the plaintiff failed to discharge the debts of the 1st defendant before 5-12-1966 as ..... it. in fact the 1st defendant informed the plaintiff about the said cancellation through mediators. as the plaintiff did not perform his part of the contract even in spite of the notice the 1st defendant was entitled to sell away the property to the 2nd defendant.4. the learned district judge framed .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-05-1975
Reported in : AIR1976AP205
..... deliver possession of the property within 15 days after notice, but the lessee requires really some reasonable time to satisfy the terms of the contract so as to delivery possession of the scheduled property to the lessor company in complete and good working order. judged from any angle, we ..... possession after the expiry or determination of the contractual tenancy. a statutory tenancy therefore comes into existence when a contractual tenant retains possession after the contract has been determined. the right to hold over, that it is, the right of irremovability, thus is a right which comes into existence ..... madras high court in arunachala naicker v. ghulam mahmood saheb, : air1951mad408 is an authority for the proposition that the court must construe the contract governing the question of quit notice in a reasonable way to ascertain what the parties (lessor and lessee) intended by way of notice and ..... acceptance of rent or otherwise.' the learned judge proceeded to observe at page 823 that, '' .................... the facts of the section is a bilateral contract between the erstwhile landlord and the erstwhile tenant, if the tenant has the statutory right to remain in possession and if he pays the rent, ..... be a definite consent to the continuance of possession by the lessor by the acceptance of rent or otherwise, there must be a bilateral contract by implication. the relationship of landlord and tenant may be created before payment of rent.'the learned author proceeded to state at page 772 .....Tag this Judgment!
Court : Delhi
Decided on : Oct-24-1975
Reported in : ILR1976Delhi60
..... term or for an indefinite term it can be always terminated without cause at the will of the parties. such a finding would obliterate the basic distinction between a contract for uncertain duration and one for a fixed duration. uncertain duration necessarily implies termination by reasonable notice. otherwise parties would be bound to it till the end of time ..... (2) between a disciplinary dismissal for misconduct and an ordinary termination and indication is given that compensation should be provided when a contract of fixed term duration is terminated before the expiry of the duration. a white paper explaining the attitude of the united kingdom government was submitted to the international labour organisation ..... article 311(1) not only requires natural justice procedure to be followed before a disciplinary action, but article 310(2) clearly recognises that a fixed term duration of the contract of employment is not inconsistent with the general rule that employment for indefinite period is terminable by the employer by reasonable notice. a clear distinction is made in article 310 ..... thing to note is that it was not terminable during the one year. this fixity of the duration gave rise to the doctrine that even during the fixed duration the contract could be terminated for some justification such as the misconduct or the inefficiency of the employee or some other objectionable conduct of the employer. the expression 'wrongful dismissal', thereforee, .....Tag this Judgment!