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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1979 Page 1 of about 446 results (0.040 seconds)

Feb 06 1979 (HC)

Hindusthan Commercial Bank Ltd. Vs. Probodh Kumar Mitter and anr.

Court : Kolkata

Decided on : Feb-06-1979

Reported in : AIR1980Cal292

..... stock it is of vital interest.'48. in the case before the house of lords the circumstances were such as to raise by implication a contract for indemnity. the considerations for their lordships were that the bank requested the corporation to exercise its statutory duty for the benefit of the bank by ..... determine. all i wish to be considered as deciding is that in the present case there was reasonable evidence for the jury of an implied contract of indemnity.'brett, j, also held that there was ample evidence to support the evidence of the jury. the defendant having ordered the goods to be ..... was taken on that basis and a suit was filed on the strength of the said indemnity bond. it was held that the government was entitled to recover the amount on the basis of the contract and the same was not opposed to public policy. it was also held therein that the ..... 21 of the indian securities act, 1920, the prescribed officer while renewing the government promissory note at the request of the holder gave an express indemnity against the claims of all persons claiming under the original security but actually did not do so. subsequently, it transpired that, unknown to the holder ..... contract. that principle is certainly not applicable to the facts of our case.57. in that case there was a demand for the opening of a telegraphic office at a certain place. but the government was not willing to open it unless the local merchants guaranteed the loss. on that basis some local merchants executed an indemnity .....

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Mar 06 1979 (HC)

Union of India (Uoi) Vs. Deoria Sugar Mills Ltd.

Court : Allahabad

Decided on : Mar-06-1979

Reported in : AIR1979All200

..... there can be no liability under the contracts of indemnity; on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no ..... his classic on marine insurance (british shipping laws vol. 10, page 1193) has stated the position thus:'...... it is entirely foreign to thespirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, ..... the railway company continues to be primarily liable for the damages sustained by the plaintiff and it not being a party to the contract of indemnity, cannot be absolved of its liability to pay the damages to consignor merely because the consignor had already recovered the money from the insurance company ..... he has nothing to do. the third party remains liable to the person indemnified just as if there had been no contract of indemnity. but the person indemnified can only take the sum recovered from the third party as trustee for the indemnifier, and similarly ..... high court in para 23 of the judgment observed thus:--'contracts of insurance are considered really as contracts of indemnity and the principle of subrogation is applied to it, being an equitable arrangement incidental to all contracts of indemnity and to payment on account of the indemnity. subrogation is an equity rule and theequity of subrogation arises .....

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Apr 18 1979 (HC)

Desraj and ors. Vs. Ram NaraIn and ors.

Court : Allahabad

Decided on : Apr-18-1979

Reported in : AIR1979All328

..... where an insurance company enters into a contract for such indemnity it will not undertake to indemnify the insured to an extent below that prescribed in the section. prior to the enactment of section 96 ..... they had to proceed and enforce their claim against the insured and the insured could in his turn proceed to enforce the aforesaid contract of indemnity against the insurance company. however the legislature intervened and enacted section 96 of the motor vehicles act by which it enabled the third parses ..... to enforce such contract of indemnity directly as against the insurance company provided notice of the proceedings had been given to the insurance company through court. sub-section (2 ..... of insurance policy it can safely direct payment of such an amount, by the insurance company. if, however, any person claims that under the contract of insurance, the insurance company had undertaken to indemnify the insured, for a larger sum he has to get the policy made available for perusal ..... of an insurance company with regard to the claims arising out of an accident involving a motor vehicle is that of a person who has contracted to indemnify the insured, to the extent mentioned in the policy, as against claim made by third parties. of course section 95 contemplates that .....

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Dec 10 1979 (HC)

P.K. Panda Vs. Smt. Premalata Choudhury and ors.

Court : Orissa

Decided on : Dec-10-1979

Reported in : AIR1980Ori102; 49(1980)CLT285

..... -73, but the fact remains that transfer of ownership was not notified to the insurance company and accepted by it before the accident. a policy of insurance being a contract of personal indemnity, the insurance company cannot be compelled to indemnify a third party who was unknown to it at the time of accident. i would, therefore, agree with the tribunal that ..... judge of this court, who had decided the case in 1971 acj 49, referred to the decisions cited above and held as follows :--' ...... an insurance policy being acontract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. therefore, the motor car specified in the policy being .....

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Feb 27 1979 (FN)

Group Life and Health Ins. Co. Vs. Royal Drug Co., Inc.

Court : US Supreme Court

Decided on : Feb-27-1979

..... therefore, was somewhat similar to the pharmacy agreements in this case. the court in group health held that this type of arrangement was not insurance: "whether the contract is one of insurance or of indemnity, there must be a risk of loss to which one party may be subjected by contingent or future events and an assumption of it by legally binding ..... act. see joint hearing before the subcommittees of the committees on the judiciary on s. 1362 et al., 78th cong., 1st sess. (1943). since fire insurers paid their policyholders cash indemnities, these companies had no reason to contract with third parties for the provision of goods or services. that fact fully explains the absence of discussion of such ..... with premiums. respondents argue that this fiscal reliability problem could be solved by placing a dollar limit. on benefits. but such a plan would be almost indistinguishable from a cash indemnity policy. it would not be the "full service regardless of price" plan for which the policyholders bargained. [ footnote 2/20 ] the pharmacy agreements are thus "other activities of insurance ..... a contrary view prevailed at that time. [ footnote 2/5 ] fortunately, logic and history yield the same result. it is true that the first health insurance policies provided only cash indemnities. however, although policies that specifically provided drug benefits were not available during the 1930's and 1940's, analogous policies providing hospital and medical services -- rather than cash -- were available .....

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Jun 22 1979 (HC)

New India Assurance Corporation Ltd. Vs. Abdul Rehman Hasanbhai and or ...

Court : Gujarat

Decided on : Jun-22-1979

Reported in : (1980)0GLR677

..... death of, or bodily injury to, any person, other than an employee, being carried in or entering or mounting or alighting from any vehicle prescribed in the schedule, but such indemnity was limited to the sum of rs. 5,000, in relation to any one person. the said clause proceeds then to state that subject to the aforesaid limit in respect ..... person other than a person excluded under section ii(1)(b) being carried in or entering or mounting or alighting from any vehicle prescribed in the schedule hereto but such indemnity is limited to the sum of rs. 5,000 in respect of any one person and subject to the aforesaid limit in respect of any one person to rs. 50 ..... the award made by the tribunal against the insurance company was reduced to rs. 10,000. 6. the learned advocate for the claimant, however, urged that there was a special contract to extend the liability land endorsement no. 13 was pressed into service for the purpose. we quote below the said endorsement in its entirety : 'endorsement no. 13 : attaching to and ..... (b) of s. 95(2) the limit laid down for a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, is rs. 50,000 in all where the vehicle is registered to carry more than 35 passengers. the rickshaw in question would obviously be such a vehicle and .....

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Jan 23 1979 (HC)

Mehar Singh Kishan Singh Vs. Union of India

Court : Delhi

Decided on : Jan-23-1979

Reported in : 15(1979)DLT217

..... section 80 civil procedure code. the notice already served by the plaintiff could not fulfill the requirement of the law, because there would then be lack of total indemnity of the parties. (3) having considered the matter i am of the view that the learned judge fell into an error both in respect to law ..... court that the consignee and not consignor had the right to sue. the court held that ordinarily it is the consignor who can sue because-the contract of carriage is between the consignor and the carrier. i, thereforee, think that where the person suing is neither the consignor nor the owner of ..... and section 77(4) speaking of owners' liability to demurrage and wharfage, and one might as well remember that the liability of the railway under contract of carriage has been for over a century and quarter governed by statutes beginning with act 18 of 1854 and a host of rules and forms prevalent ..... that is, if i may so, because, to borrow viscount simon suxer (bastborne) ltd, v cooper, (1941) a.c. 108, contracts, with commission agent do not follow a single pattern, and the primary necessity in each instance is to ascertain with precision what are the express terms of a ..... particular contract under discussion. there is, however, a contrary decision of this court delivered by anand, j. on april 8, 1976 and reported in union of india .....

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Sep 27 1979 (HC)

Periathambi Goundan Vs. the District Revenue Officer, Coimbatore and o ...

Court : Chennai

Decided on : Sep-27-1979

Reported in : AIR1980Mad180

..... respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this act".21. section 17 deals with indemnity in respect of anything done in good faith or intended to be done 'in pursuance of the act or rules made thereunder.22. section 18 confers powers on the government ..... state government or any local authority. sec. 20 states that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom, usage or contract.23. it is against the background of the above provisions, it has become necessary to consider the exact scope of section 16-a of the act.24. this sec. 16 .....

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Jan 15 1979 (HC)

State of U.P. Vs. Mumtaz Hussain

Court : Allahabad

Decided on : Jan-15-1979

Reported in : AIR1979All174

..... he intended to convey was that article 299(1) of the constitution does not require that there should be a single formal document evidencing the contract. the contract can also be inferred if there was tender and acceptance in (sic) the case needs be by the government in accordance with the provisions of ..... fulfilled. it is true that section 175(3) uses the expression 'executed' but that does not by itself contemplate execution of a formal contract by the contracting parties. a tender for purchase of goods in pursuance of an invitation issued by or on behalf of the governor general of india and ..... article 299 of the constitution. the learned judge however, made it clear that a contract whether formal or otherwise entered into by a person not authorised by the president could never bind the president and would be absolutely void. these ..... sold to the plaintiff on 25-5-52. it held that the forest and the colonization departments obstructed the plaintiff in working out his contract and the colonization department was not justified in refusing to extend the period as prayed for by the plaintiff. refusal by the colonization department ..... regarding the export of forest wood. the plaintiff started cutting and felling shisham trees indiscriminately and stealthily in the area not covered by his contract. he was required by the forest department to stop doing so. the stacks of wood belonging to the plaintiff was taken possession of either .....

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Feb 28 1979 (HC)

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Decided on : Feb-28-1979

Reported in : AIR1979AP229

..... trust property caused an account of his carelessness and imprudent act or dealing. a trustee would be exonerated from such loss, if there is any contract to the contrary. section 48 read with s. 15 and illustration (d) to it would make it abundantly clear that the trustee while exercising ..... by a trustee: 'if trustees for sale. or those who act under their authority, fail in reasonable diligence in inviting competition, or if they contract to sell under circumstances of great improvidence or waste. they will be personally responsible, ord v. noel (1820) 5 madd 438 and the onus ..... any foreign country, clause 18 also says that the trustees may in their absolute discretion, sell the jewellery either by public auction or by private contract. a close reading of clause 20 would clearly indicate that all the trustees must execute the trust in respect of matters wherever the trustees have ..... be drawn against the 6th respondent for his absence and that of galadari. 9. we shall first consider the question whether or not there were concluded contracts of sale, before examining their validity or otherwise. admittedly, the tenderers along with some others, had inspected the jewellery on 6th, 7th and 8th ..... accept the highest tenders nor valid approval by r. w.2 of the action taken by the other trustees, and, consequently, there were no concluded contracts of sale of the jewellery, that the procedure adopted by the trustees is erroneous. improper and unjust, that there was no proper publicity, which .....

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