Court : Karnataka
Decided on : Apr-05-1977
Reported in : AIR1977Kant204; ILR1977KAR980
..... of some act or promise on the part of the creditor, promises, to discharge the debtor's liability, if the debtor failed to do so. in a contract of indemnity, however, the promisor makes himself primarily liable and undertaken to discharge the liability in any event. the liability may arise out of tort or as well as ..... of default 'by a debtor can be insured against as effectively as the debt can be guaranteed.in any view of the matter, whether the contract in the instant case is viewed as a contract of indemnity or as one of guarantee and whether, correspondingly, the liability is to pay a new debt arising under the ..... to pay the original debt; but undertakes to pay new debt which arises out of the contract of indemnity, and this debt may differ from the original debt both in amount and as regards other incidents, the fart that the contract is framed in the form of a policy is some and only a prima facie evidence ..... the appellant would arise only when it is shown that the debt was irrecoverable from the first defendant. exhibit p-6 is styled 'an indemnity policy'. a contract under which an insurer undertakes to make good losses -caused by the default of a debtor bears close resemblance to a ..... contract to indemnify or to pay the original debt, the claim, in our opinion, cannot be said to be premature. the liability on the part .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-27-1977
Reported in : 49CompCas556(Guj); (1978)0GLR651
..... the loss being either proved or admitted, insurer is under an obligation to pay under contract of indemnity and then may insist upon preservation of the rights. that conclusion appears to be inescapable. 16. turning to the facts in this case, there ..... 1880] 5 qbd 560 (ca) was a case of fire insurance and, in the context of fire insurance policy, it was held that being a contract of indemnity, upon payment of the amount of loss, the insurer is entitled to be put into the place of the assured; and if at a subsequent time ..... as to disentitle the insured to be indemnified by the insurer. clause 9 cannot stand out or apart from the terms of the contract of insurance. it is a contract of indemnity. where loss is admitted, the insured under the terms of insurance is entitled to be indemnified by the insurer. that is the ..... can call upon the assured to preserve the right against the carrier by initiating action without payment and only on the indemnity of costs. such an approach may almost make the contract of indemnity superfluous because the insured can always proceed against the carrier and recover the damage. he insures against loss and on ..... conflict of interest between the insurer and the insured. but where there is under-insurance or risk is not fully covered and contract of marine insurance being one of indemnity, the insured may be indemnified to the extent of the risk covered under the policy and yet it does not compensate the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-01-1977
Reported in : AIR1978Mad134
..... the creditor and the principal debtor and the second between the creditor and the guarantor, observed that in order that it must become a contract of guarantee as distinguishable from a contract of indemnity, there must be a third contract between the principal debtor and the surety, either express or implied. we shall quote the words of the learned chief justice :'of course, ..... move either from the creditor or from the principal debtor or both. but if those are the only contracts, in my opinion, the case is one of indemnity. in order to constitute a contract of guarantee, there must be a third contract, by which the principal debtor expressly or impliedly requests the surety to act as surety'.in these cases, we are concerned ..... admittedly with contracts of guarantee, a contract of guarantee is a separate contract between the creditor and the guarantor, and we see ..... the contract need not be embodied in a single document, but i think there must be a contract or contracts to which the three parties referred to in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-20-1977
Reported in : AIR1977AP405
..... the purchaser has failed to discharge (in which case article. 116 would be applicable) or to bring a suit on the contract of indemnity ( in which case article. 83 would be attracted). the case before the supreme court was, however, a clear case of a breach of ..... to pay the purchase money to the seller. he, therefore contends that article. 116 which is applicable only to cases where compensation for breach of contract is sought to be recovered has no application to the facts of this case. after giving our earnest consideration to the above contentions, we are inclined ..... act, since the language of the present article. 55 is totally at variance. they read as follows: '115. for compensation three years. when the contract isfor the breach of any broken, or (wherecontract express or there are successive implied not in writing breaches) when theregistered and not breach in respect of herein ..... (where the titleof unpaid purchase- is accepted after themoney. time fixed for completion)the date of the acceptance.''55 for compensation three years. when the contract isfor the breach of any broken or (where therecontract, express or are successive breaches)implied not herein when the breach in respectspecially provided for. of which ..... contract, and there can obviously be no difficulty in applying article. 116 to such a case. 22. counsel then relied upon navamani v. .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-22-1977
Reported in : 1978ACJ443; AIR1978Guj153
..... carried for any hire or reward or by reason of or in pursuance of a contract of employment would not be required to be covered in view of the aforesaid settled legal position. this being ultimately a contract of indemnity, if the policy of insurance is not compulsory, the insurance company could not be ..... this exception 'where the vehicle is a vehicle in which passengers are carried for lure or reward or by reason of or in pursuance of a contract of employment' and, therefore, the vehicle would satisfy the user test once the passengers fulfil this necessary condition of being carried for hire or reward ..... proviso 'except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, the relevant time contemplated in the exception would have to be home in mind, also for the purposes of that exception to the ..... elaborated by substituting, the expression 'vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment 32. this statutory language of the proviso (ii) in s. 95 (1) is now found by their lordships to be explicit and the ..... question because of the words 'vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment.' this court had interpreted s. 95 (1) second proviso by holding that the limitative condition in this second proviso which required coverage of .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-02-1977
Reported in : (1978)19GLR843
..... facts. there is no question of any indirect interest. as a party to the contract of guarantee and indemnity, the concerned respondent was directly associated with the contract with the corporation, he bad direct interest in the contract of security and the security as we have interpreted above was not only for ..... an employee in the employment of-the municipality and he was sought to be disqualified on the ground that he had indirect interest in the contract of employment by his son with the municipality. the supreme court, there, held that where what was proved was the mere relationship between ..... much, therefore, would depend on the interpretation of the agreement in question.4. as found by us while translating the material part of the contract, emphasis is on the assurance given by the concerned respondent to the corporation to the effect that the concerned employee would faithfully discharge his duties ..... mr. j.g. shah, the learned counsel appearing for those respondents has urged that by any stretch of imagination, consequence of the above-mentioned contract with the corporation would be payment of money and one other. on behalf of the appellants, at one stage, it was contended that the term ..... contending respondents, it was not seriously challenged that this sort of bond furnished by them to the municipal corporation amounted to any interest in a contract with the corporation. however, it was urged do their behalf that clause (f) was subject to the provisions of sub-section (2). in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-26-1977
..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-06-1977
Reported in : (1977)6CTR(SC)220; 1977()WLN313
..... right of preemption. even so much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... materials including steel or components will be reimbursed by the railway board.16. the material part of the indemnity bond which was subsequently executed by the company in connection with the contract, provides :'whereas under railway boards order no. 67/rs(i)/954/15 dated 23-12-1967, the ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... , on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note : on account payment will be permissible on steel procured according to joint director (iron & steel), calcutta ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing standard and special conditions of the contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-06-1977
Reported in : (1977)2SCC847; 40STC246(SC)
..... of pre-emption. even so, much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents, read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... including steel or components will be reimbursed by the railway board.(underlining ours.)21. the material part of the indemnity bond, which was subsequently executed by the company in connection with the contract, provides : whereas under railway board's order no. 67/rs(i)/954/15 dated 23-12-1967 ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... works, on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note: 'on account' payment will be permissible only on steel procured according to joint director (iron & steel ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing the standard and special conditions of contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-09-1977
..... we must therefore consider the impact of these factors where, as here, the suit against the government is not brought by the serviceman himself, but by a third party seeking indemnity for any damages it may be required to pay the serviceman. clearly, the first factor considered in feres operates with equal force in this case. the relationship between the government ..... manufacture. stencel therefore claimed that, insofar as it was negligent at all, its negligence was passive, while the negligence of the united states was active. accordingly it prayed for indemnity as to any sums it would be required to pay to captain donham. [ footnote 3 ] the united states moved for summary judgment against donham, contending that he could ..... that the emergency eject system malfunctioned as a result of "the negligence and carelessness of the defendants individually and jointly." stencel then cross-claimed against the united states for indemnity, charging that any malfunction in the egress life support system used by donham was due to faulty specifications, requirements, and components provided by the united states or other ..... , missouri air national guard. [ footnote 2 ] there is no contractual relationship between the united states and stencel. stencel contracted with north american rockwell, the prime government contractor, to provide the f-100's pilot eject system. [ footnote 3 ] stencel's indemnity claim is based upon the law of missouri. see, e.g., feinstein v. edward livington & sons, inc., 457 .....Tag this Judgment!