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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1981 Page 1 of about 523 results (0.040 seconds)

Feb 24 1981 (HC)

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Decided on : Feb-24-1981

Reported in : [1984]55CompCas677(AP)

..... to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'. 126. a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee is called the ..... the appellant. in the view we have taken, we have no hesitation to reject the contention of the learned counsel for the appellant. to sum up : (1) a contract of guarantee, unlike a contract of indemnity which is bilateral, is tripartite where three persons, viz., the principal debtor, the creditor and the surety, are involved. but, it is not necessary or sine qua ..... primarily and essentially it is substance that has to be looked into and not the form in order to determine in such cases as to whether it is a contract of guarantee or indemnity. in suresh narain sinha v. akhauri balbhadra prasad, : air1957pat256 , a division bench held that it is not necessary that the principal debtor should as a matter of law ..... called the 'creditor'. the last sentence in this section, viz., 'a guarantee may be either oral or written' has special significance. this contract is, therefore, trilateral unlike the contract of indemnity which, as stated earlier, is bilateral. where, the contract is one of indemnity, the non-liability of the principal debtor does not affect the obligation undertaken by the indemnifier which is primary, whereas every .....

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Feb 24 1981 (HC)

Nagpur Nagarik Sahakari Bank Ltd. and anr. Vs. Union of India and anr.

Court : Andhra Pradesh

Decided on : Feb-24-1981

Reported in : AIR1981AP153

..... to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity.' 126. a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee is called the ..... appellant. in the view we have taken, we have no hesitation to reject the contention of the learned counsel for the appellant.26. to sum up :--(1) a contracts of guarantee, unlike a contract of indemnity which is bilateral, is tripartite where three persons, viz., the principal debtor, the creditor and the surety, are involved but, it is not necessary or sine qua ..... and essentially it is the substance that has to be looked into and not the form in order to determine in such cases as to whether it is a contract of guarantee or indemnity.in suresh narain v. akhauri, : air1957pat256 , a division bench held that it is not necessary that the principal debtor should as a matter of law, be an express ..... , the promisor and the promisee. the promisor promises to make good the loss though caused by a third party. this gives rise to the contract of indemnity, whereas section 126 of the contract act gives rise to a contract of guarantee wherein three persons are involved. under this section, a party who promises to discharge the liability of a third person in case of .....

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Oct 30 1981 (HC)

Motor Owners Insurance Co. Ltd. Vs. Khet Pal Singh and ors.

Court : Rajasthan

Decided on : Oct-30-1981

Reported in : AIR1983Raj83

..... took place, the property in the vehicle vested in the purchaser, how could the insurance company be made liable on the basis of a contract of indemnity entered into with the seller? the circumstance that the purchaser had not paid part of the purchase price is irrelevant for the purpose, because ..... high courts, some of which i have endeavoured to refer to above and it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the motor vehicle, ..... comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the ..... an interest in that car. an insurance policy being a contract 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 ..... cases were accepted and the following observations were made (at p. 167):--'it is well settled that a conlract of insurance is nothing but a contract, of indemnity. the policy issued is with reference to a specified car, owned by the policy-holder and consequently the policy will remain effective while he retains .....

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Aug 18 1981 (HC)

Premier Tyre Ltd. Vs. State Trading Corporation

Court : Delhi

Decided on : Aug-18-1981

Reported in : 1981RLR138

..... principal debitor. the obligation of the surety depends substantially on the principal debtors's default ; under a contract of indemnity liability arises from loss caused to the promiseby the conduct of the promise himself or the conduct of another person : 'vide punjab national bank ltd. v. sri bikram cotton ..... wrong to treat such a bank guarantee, as a guarantee under section 126 of the contract act. which speaks of three persons with reference to the contract, it is rather in the nature of contract of indemnity, under section 124 of the contract act which requires two person, in a contract of guarantee the surety undertakes an obligation at the request express or implied of the ..... with the observation, 'that these bank guarantees create positive obligations and are irrevocable and that the obligation arising under the bank guarantees are independent of the obligations arising out of contract between the parties'. these observations have our full agreement. (14) mr. ray even made a half hearted attempt to distinguish the cases noted above by saying that in the ..... mills a.i.r. 1979 s. c. 1973 here the the bank guarantee is a contract between the bank and respondent. the reason why the bank guarantee may have been given no .....

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Sep 16 1981 (HC)

Vellaya Gouder Vs. N. Ramanathan and ors.

Court : Karnataka

Decided on : Sep-16-1981

Reported in : [1985]57CompCas49(Kar); ILR1981KAR1602; 1982(1)KarLJ57

..... that the owner is not an aggrieved party. with respect we are unable to accede to that view. it is a well settled principle of law that insurance is an indemnity contract and unless the owner is made liable, there is no liability on the insurer to indemnify the owner. hence, it would not be correct to say that the owner cannot .....

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Jul 07 1981 (HC)

P.S. Guna Kumar and ors. Vs. the Ramamurthy Metal Decorating Industrie ...

Court : Chennai

Decided on : Jul-07-1981

Reported in : (1982)1MLJ203

..... third party and claim relief against him.it has been further laid down in the decision cited above that:a right to indemnity generally arises from contract express or implied, but it is not confined to cases of contract. a right to indemnity exists where the relation between the parties is such that either in law or equity there is an obligation upon the ..... party to the suit, if he makes out a case that such third party is bound to indemnify him in connection with the, suit transaction. indemnity referred to in order 8-a need not necessarily spring from, contract.17. in rangaswami v. ramamami : (1968)2mlj12 , ramanujam, j., has taken a similar view, and has held that the liability to indemnify need not ..... by the conduct of any other person and that there, was no contract of indemnity. the expression 'indemnity' in order 8-a, civil procedure code, is not to be understood as confined to an indemnity arising out of a contract contemplated by section 124 of the indian contract act. the right to indemnity may arise from a contract, express or implied.10. in eastern shipping company limited v. quash beng ..... .r. 1955 mad. 3910 , that:the third party procedure is applicable only to cases of contribution or indemnity. in effect, a claim to contribution is a claim to a partial indemnity. contribution is bottomed and fixed on general principles of justice and does not spring from contract, though contract may qualify it; a right to contribution may be created by statute. a right to .....

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Feb 19 1981 (HC)

National Insurance Co. Ltd. (Formerly Known as Calcutta Insurance, Mad ...

Court : Chennai

Decided on : Feb-19-1981

Reported in : [1983]54CompCas608(Mad)

..... the insured of the vehicle, that the insurance company having accepted the transferee as the insured, there was a novation of the original contract by a fresh contract of indemnity between the insurance company and the transferee and therefore, the insurance company has to indemnify the transferee in relation to the accident caused ..... the insurance act, about the transferee's right under the motor insurance policy, the contract of insurance being a contract of personal indemnity, cannot be assigned when it is transferred, though there can be a novation of the contract by which the original assured is released and a new assured is accepted. on the ..... to be seen and determined is whether there had been a novation of the contract of personal indemnity in terms of the clause. the requisites for the novation of a contract are well known (see s. 62 of the contract act). one of the requisites is that there must be an agreement of ..... all the parties to the new contract on the principles generally applicable to the formation of contracts ..... by circumstances showing such assent as well as by express words. it is true that whether there was an agreement to substitute a new contract or not is a question of fact depending on the intention of the parties and one must look to the substance of the matter and .....

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Feb 10 1981 (HC)

Calcutta Insurance, Madras, Now Known as National Insurance Co. Ltd. V ...

Court : Chennai

Decided on : Feb-10-1981

Reported in : AIR1982Mad83

..... insured of the vehicle, that, the insurance company having accepted the transferee as the insured, there is a novation of the original contract by a fresh contract of indemnity between the insurance company and the transferee and therefore, the insurance company has to indemnify the transferee in relation to the accident caused by ..... the insurance act, about the transferee's right under the motor insurance policy, the contract of insurance being a contract of personal indemnity, cannot be assigned when it is transferred, though there can be a novation of the contract by which the original assured is released and a new assured is accepted. on the ..... to be seen and determined is whether there has been a novation of the contract of personal indemnity in terms of the clause. the requisites for the novation of a contract are well known (see s. 62 of the contract act). one of the requisites is that there must be agreement of all ..... the parties to the new contract on the principles generally applicable to the formation of contracts, it ..... by circumstances showing such assent as well as by express words. it is true that whether there was an agreement to substitute a new contract or not is a question of fact depending on the intention of the parties and one must look to the substance of the matter and .....

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May 11 1981 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Shri Balram K. Kapur ...

Court : Delhi

Decided on : May-11-1981

Reported in : [1983]54CompCas320(Delhi)

..... that has happened is it the duty of the assured under the policy to reduce the lass 19. the guarantee policy is essentially a policy of indemnity. though a contract of insurance in essence is a contract of indemnity, in which the amount recoverable is determined by the pecuniary loss sustained by the assured, whatever is recovered from the borrower will go towards diminishing ..... a word, they are subrogated to the rights of the assured. this is the fundamental principle of the insurance. 20. the policy says to us : 'apply the board principle of indemnity, and you have the answer.' the assured cannot recover a loss greater than he suffers. in order to ascertain what that loss is, everything must be taken into account which ..... insurer's liability. it is a method of measuring loss. it is the basis of the insurance cover. if a debt is guaranteed, the assured may enforce the guarantee. the contract of insurance relates to the debt and will, if duly performed, place the assured in the same position as if the loss had not happended. after the insurers replenish the .....

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Mar 16 1981 (HC)

Nellikka Achuthan Vs. Madras Motor and General Insurance Co. Ltd.

Court : Kerala

Decided on : Mar-16-1981

Reported in : [1983]54CompCas130(Ker)

..... that he even placed wooden pieces at the back of the wheel so as to prevent the bus from moving.5. section ii-1 of the contract of insurance provides (ex. a.-1 is the contract) for indemnity subject to the limits of liability including claimant's costs and expenses which the insured shall become legally liable to pay in respect of (1 ..... negligence of the appellant or his driver in this case (the decision in the earlier case being not binding on the insurance company), the company cannot be held liable. the indemnity that the insurance company has taken is in respect of loss or damage suffered by the insured on account of his being made legally liable for damages. in this connection ..... company was liable to pay the amount decreed as against him and costs thereon.2. the insurance company resisted the claim on the ground that it was liable under the contract of insurance only if the claim was made as a result of damage to the property caused by the use of the vehicle, that taking the vehicle for servicing and .....

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