Court : Madhya Pradesh
Decided on : Aug-29-1988
Reported in : II(1989)ACC205
..... the appeal is not maintainable. the policy prima facie shows that the vehicle was covered by it on the date of accident and therefore the appellant is entitled to claim indemnity under section 12(2) of the act. the insurance company is now an undertaking of the government and it must act with all fairness to abide by the ..... contract undertaken under the said policy irrespective of the commissioner exonerating insurance company. on the appellant's application, after he had satisfied the claim to the claimant, the insurance company will, .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-04-1988
Reported in : ILR1988KAR1632
orderpatil, j.1. this revision filed under section 50 of the karnataka rent control act, 1961, hereinafter referred to as the act, is directed against the order of eviction dated 31-1-1983 passed by the 19th additional judge, court of small causes, bangalore city.2. premises bearing nos.1 & 2 situated at chinnappa garden, lalbagh road, bangalore, more particularly described in the schedule to the original petition is the subject of dispute. it belongs to the family of respondents-1, 2 & 3, who are related among themselves as full brothers. c.h. keerti sunder and c.h. lokanath are their other two brothers. when the family was still joint, keerti sunder, as karta of joint family, leased the said premises (open site) under a registered lease deed dated 20-9-1965 (ex.p-1) in favour of s.k. khader sheriff, original respondent-1, since deceased whose legal representatives have been arrayed as respondents in this revision, on a monthly rent of rs. 275/- for a period of five years commencing from 20-9-1965 for the purpose of running an automobile workshop and parking buses, the rent being payable on or before 10th of each following month. in terms of the lease, the lessee was permitted to take water and power connections, but in the name of the lessor and bear the charges himself. in terms of the lease, it was also agreed that the lessor shall apply for licence enabling the lessee to put up temporary structure, for the use for which the premises was let out, at the cost of the lessee .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-23-1988
Reported in : AIR1988SC2149; JT1988(3)SC616; 1988(2)SCALE420; 1988Supp(1)SCC722; Supp2SCR536; 1988(2)LC657(SC)
..... government could fasten some obligations upon the government, the lessee could also be estopped from questioning the terms of the grant of the sanction even where there is no written contract executed to bind the lessee. but, once there has been a valid execution of lessee by duly authorised officers, the documents would be the best evidence of sanction. in that ..... immediately. regular sanction follows separately.sd/-executive engineer8. shri r.l. bansal, divisional accountant construction, in his deposition before the trial court stated that there was no document concerning this contract which had been issued or made in the name of the governor of punjab according to the records. he also admitted in his deposition that the letter of acceptance had ..... to various clauses. the learned judge noted that it was clearly laid down in the tender itself that the tender together with acceptance thereof would constitute a valid and binding contract between the parties. the relevant condition of the tender, that is, condition no. 4. 6 read as follows:the tender together with letter of acceptance thereof shall constitute a binding ..... the respondent was not accepted by the governor of punjab, as it was mandatory under the constitution in order to amount to a valid acceptance and to create a binding contract between the parties. the respondent, however, withdrew the offer on 6th november, 1976. on 22nd november, 1976 the respondent-contractor in its letter made it clear that no agreement had .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-28-1988
Reported in : AIR1989P& H324; (1990)97PLR334
..... provided it is subject matter of suit. ii) that a compromise or consent decree can be got set aside on one of the grounds on which a contract can be set aside, namely, if obtained by 'fraud; 'misrepresentation', or 'coercion', with an additional ground in favour of the minors or persons of ..... were to he shown that the compromise was unlawful, the suit would not lie. therefore, unless a ground is established on which compromise or a contract can be avoided, the courts will have no jurisdiction to reopen or go behind the compromise decrees merely on the basis that whether the facts stated ..... court show that a compromise decree would bind the parties and their privies unless it can be avoided in one of the ways in which a contract can be avoided, that is, by showing that the decree was obtained by fraud, misrepresentation, misunderstanding or mistake and otherwise the decree would be ..... is not relevant. sometimes collusion is misunderstood in contra-distinction to consent or compromise. if the rights of a third person is not involved, the contract, compromise or compromise decree between the parties would be binding. if rights of third party are involved in such a matter then the third party ..... the facts even if it is proved that the decree was not obtained by fraud, coercion or misrepresentation, that is, the grounds on which a contract can he avoided, arise in this appeal, which has been admitted to division bench for determination in view of the conflict of opinion between the single .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-18-1988
Reported in : (1988)90BOMLR686
..... establish such cause without filing a separate suit; for, counter-claim is, in reality, a suit by the defendant. if the defendant in a suit for specific performance of the contract of sale of immovable property is not in possession, he may seek possession by establishing his counter-claim. he cannot be permitted to seek a decree for possession without making ..... lending transaction. according to him, even if the agreement was assumed to be an agreement of sale, the plaintiff was not ready and willing, to perform his part of the contract. consequently, he confirmed the dismissal of the suit as also the decree directing delivery of possession to the defendants. the plaintiff appeals to this court.4. the error in the ..... g.h. guttal, j.1. the question for consideration is whether, upon dismissal of a suit for specific performance of contract of sale of immovable property instituted by the plaintiff in possession, a decree for possession against the plaintiff could be passed, in the absence of a counter claim seeking such .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-26-1988
Reported in : (1988)71CTR(Guj)132; 173ITR216(Guj)
..... that the words used, even in their literal sense, are the primary and ordinarily the most reliable source of interpreting the meaning of any writing : be it a statute, a contract or anything else. but it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary; but to remember that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1988
..... relief cannot be granted in this court unless decisions plainly contradicting the kansas court's interpretations were brought to the kansas court's attention. see, e.g., western life indemnity co. v. rupp, 235 u. s. 261 , 235 u. s. 275 (1914) ("if such decision existed, it was incumbent upon defendant to prove ..... u. s. 740 , of the criticism by the plurality opinion in allstate ins. co. v. hague, 449 u. s. 302 (1981), of hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 (1934), is not to the contrary. that criticism merely rejected the view that the constitution enshrines ..... court's attention. see, e.g., pennsylvania fire ins. co. v. gold issue mining & milling co., 243 u. s. 93 , 243 u. s. 96 (1917); western life indemnity co. v. rupp, 235 u. s. 261 , 235 u. s. 275 (1914); louisville & n. r. co. v. melton, 218 u. s. 36 , 218 u. ..... that the society which adopted the constitution did not regard statutes of limitations as substantive provisions, akin to the rules governing the validity and effect of contracts, but rather as procedural restrictions fashioned by each jurisdiction for its own courts. as chancellor kent explained in his landmark work, 2 j. kent, ..... 1 u.l.a. 44, 84, 85 (1976); restatement (second) of contracts 221, and comment a (1981). the kansas supreme court considered petitioner's undertaking with the fpc (as well as the reference to a similar undertaking in an indemnity agreement proposed by another oil company to its lessors) to be evidence of an .....Tag this Judgment!
Court : Delhi
Decided on : Sep-28-1988
Reported in : AIR1989Delhi88; 65CompCas413(Delhi); 1989(16)DRJ27; 1988RLR693
..... insurance company and the insured was to indemnify the insured in respect of third party liability. without any doubt, it was a contract of personal indemnity. there is nothing in the insurance policy to indicate that the insurance company had undertaken to indemnify the person to whom the insured ..... covered the legal liability of the assured in respect of the use by the assured of a car other than the insured car. the assured claimed indemnity against claims by an injured person by his new car. at the time of accident he had sold the car, subject-matter of the insurance. ..... . after the sale, the insured was left with no insured was left with no insurable interest in the vehicle. thereforee, under the terms of the contract of insurance, the insurance company was not liable to indemnify the transferee. 23. has any liability been imposed on the insurance company by the statute, i ..... liability to any person being conveyed in or on the motor cycle unless such person is being conveyed by reason of or in pursuance of a contract of employment ....' 22. it is clear from this clause that the insurance company undertook to indemnify the insured against all sums which the insured becomes ..... has sold the vehicle prior to the accident. the insurance company could not be compelled to indemnify a person with whom it had no contract and who was .....Tag this Judgment!
Court : Delhi
Decided on : Sep-28-1988
Reported in : I(1990)ACC155
..... the insurance company and the insured was to indemnify the insured in respect of third party liability. without any doubt, it was a contract of personal indemnity. there is nothing in the insurance policy to indicate that the insurance company had undertaken to indemnify the person to whom the insured ..... further covered the legal liability of the assured in respect of the use by the assured of a car other than the insured car. the assured claimed indemnity against claims by an injured person by his new car. at the time of accident he had sold the car, subject-matter of the insurance. ..... ex-owner liable to indemnify the purchaser, who had purchased the vehicle from the ex-owner. these provisions do not have the effect of modifying the contract of insurance by adding the buyer of the vehicle as an insured person.section 96(1) of the act reads as under:duty of insurers to ..... liability to any person being conveyed in or on the motor cycle unless such person is being conveyed by reason of or in pursuance of a contract of employment.(b)...23. it is clear from this clause that the insurance company undertook to indemnify the insured against all sums which insured became legally ..... had sold the vehicle prior to the accident. the insurance company could not be compelled to indemnify a person with whom it had no contract and who was rather .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-21-1988
Reported in : AIR1989Cal150,71CompCas241(Cal),93CWN247
..... and upon demand by the beneficiary the bank is liable to honour such obligation regardless of any controversy between the parties about fulfilment of contract. in coming to such conclusion the unconditional wording in the letter of indemnity weighed very much in further finding, by the court that there was no equity in favour of the appellant.13. more or less, ..... ' of international trade and commerce which thereby impose upon the banker an absolute obligation to pay under such documents which parties furnish as security at the time of entering into contracts. '9. this question and the position of law as stated was raised and considered in numerous cases and there are authorities galore, both foreign and indian in support of ..... entirely dependent upon its terms which is absolutely silent as to any conditional enforcement pending the quantification or assessment of any damage or determination of breach of the terms of contract between the parties. the view that banks cannot be absolved of their responsibility to honour their obligations is based on the time honoured practice and elaborate commercial system that ..... damages with a prayer for further declaration that respondent 1 company is not entitled to enforce the bank guarantees furnished by the plaintiff-appellant pursuant to the express terms of contract between the parties. pursuant to an offer made by the respondent company, the appellant was entrusted with the job work of collecting metallic wires of different sizes and quality .....Tag this Judgment!