Court : Karnataka
Decided on : Nov-23-1988
Reported in : 1(1989)ACC465
..... makes a provision for indemnifying cases involving third parties in accidents and for satisfaction of claims arising therefrom in favour of the party affected rather than to absolve the insurance indemnity.19. the learned counsel appearing for the appellant took us through the decision of a learned single judge of the madras high court in the case of v.s. ramani ..... is learning and is not having sufficient experience. the company therefore in his opinion was right in excluding the person whose learner's license had expired from the scope of indemnity. we are not persuaded to agree with this view of the learned judge in preference to the majority of the decisions referred to above. it is worthy to note that ..... upheld.15. generally stated, such clauses of the policy should receive the interpretation consistent with the intent of the parties to the contract and also to further the objects of the statute. this should particularly be so when contracts are in printed form and issued in usual course. if we were to go by the terms of section 96(2)(b)(ii .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-30-1988
Reported in : 1989(2)BomCR410
..... it does not mean that the defendants have demanded the cash of rs. 5,75,000/- as submitted by mr. manohar. it is true that even such demand of indemnity is not contemplated under the agreement. the defendant was not entitled to claim the idemnity from the plaintiff. the plaintiff was, therefore, justified in refuting the claim by his ..... the parties subsequent to execution of the agreement cannot be pressed to suggest to the contrary or derrogatory. moreover, the parties while making the time as the essence of the contract adequately took proper care and caution of all contingencies such as negligence, default, callous attituted, by making necessary stipulation under clauses 4, 5, 6 and 14. particularly clause ..... terms with a definite intention to make time as the essence of the contract and the learned judge has completely misconstructed agreement.mr. manohar, the learned counsel appearing for the respondent/plaintiff on the other hand supported the reasoning and findings recorded by ..... counsel appearing for the appellants defendants very vehemently assailed the reasoning and findings recorded by the trial court in holding that the time was not made the essence of the contract. according to shri palshikar, the learned trial judge has completely misread the stipulations in various clauses of the agreement, mr. palshikar submitted that the parties unequivocally settled the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1988
..... , 350 u. s. 202 -204 (1956) (arbitrability); cohen v. beneficial industrial loan corp., 337 u.s. at 337 u. s. 555 -556 (indemnity bond for litigation expenses). nor can or should courts ignore that issues of contract validity are traditionally matters governed by state law. for the reasons stated, i respectfully dissent. * contrary to the opinion of the court, there is ..... controls the issue of the validity of the clause between the parties. * page 487 u. s. 36 second, 1404(a) was enacted against the background that issues of contract, including a contract's validity, are nearly always governed by state law. it is simply contrary to the practice of our system that such an issue should be wrenched from state control ..... products of respondent, a nationwide manufacturer with its principal place of business in new jersey. the agreement contained a forum-selection clause providing that any dispute arising out of the contract could be brought only in a court located in manhattan. [ footnote 1 ] business relations between the parties soured under circumstances that are not relevant here. in september, 1984, ..... market copier products of respondent, a nationwide manufacturer with its principal place of business in new jersey. the agreement contained a clause providing that any dispute arising out of the contract could be brought only in a court located in manhattan, in new york city. petitioner company (and the individual stockholder petitioners) filed a diversity action in the united states .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-08-1988
Reported in : AIR1989MP28; 1988MPLJ453
..... memo ex.p.23, in f.a. no. 114/79 and ex.p.89, in f.a. no. 115/79 and submitted that by special contract the bank contracted out its liability for the loss and deterioration of the pledged goods. the respondents submitted that in sheik mahamad's case (1909) ilr 32 mad 95) ..... cal 252 and indian air lines corporation v. jothaji maniram, air 1959 mad 285.13. section 152 provides that the bailee, in the absence in special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care prescribed by section 151. thus ..... obtain a decree unless he was ready and willing to redeliver the goods pledged with him. the learned trial court held that there was no completed contract of pledge as the defendant failed to deliver the goods. since the second defendant agreed to become a surety for repayment of the said loan, ..... pledged goods.'clause 9.-- that during the continuance of this agreement the bank shall not be responsible notwithstanding anything to the contrary in section 152 of the contract act, for any loss or deterioration of or damage to or damage to the said goods whether caused by theft, fire, rain, flood, earthquake, ..... could sell them in exercise of its rights under section 176 of the contract act. instead the bank allowed the goods to become valueless during the pendency of the suits and therefore it cannot claim the decree. referring to the indemnity clauses relied on by the bank, learned counsel for the respondents submitted .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-18-1988
Reported in : (1988)2CALLT84(HC),92CWN858
..... in the unreported decision of delhi high court noted above that by a letter, dated december 17, 1979, the plaintiff sent copies of the indemnity bonds, affidavits, undertakings and plans of the project for the signatures of the defendant and the plans were duly signed by the defendants which were ..... of the matter being a requirement of law ought also to be noted at this juncture. section 14 of the specific relief act, 1963 provides to contracts which cannot be specifically enforced. the statute, however, in particular section 14(3) goes on to add that notwithstanding anything contain- ed in earlier ..... letters which would otherwise be sufficient for the purpose, if it is clear, upon the facts, that there were other conditions of the intended contract, beyond and besides those expressed in the letters, which were still in a state of negotiation only and without the settlement of which the parties ..... appeal cases 311 and the observation of lord selborne seems to be very apposite. lord selborne observed :'the observation has often been made, that a contract established by letters may sometimes bind parties, who, when they wrote these letters, did not imagine that they were finally settling the terms of the ..... of the final estimate and plan and clearance to proceed with work for relocation. the plaintiff contended that mere reference to a future formal contract will not prevent a binding bargain between the parties. while it is true that there cannot be any dispute as a proposition of law but .....Tag this Judgment!
Court : Kerala
Decided on : Dec-21-1988
Reported in : AIR1989Ker140; 65CompCas680(Ker); (1989)IILLJ220Ker
..... act.14. the division bench, in parameswari amma's case, ilr (1976) 1 ker 237, while stating that there may be scope for indemnity because of the contract of the insurance, observed that any adjudication on that question is not within the province of the workmen's compensation commissioner. the court, however, ..... insolvent or the winding up of a company had commenced, all the rights and remedies of such person enforceable against a third party under a contract stand transferred to and vest in the official receiver or official liquidator as the case may be. but in the interest of the workman and ..... under this act' section 14 of the act provides as under :'14. insolvency of employer : (1) where any employer has entered into a contract with any insurers in respect of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a ..... identical provision in the workmen's compensation act should be read as providing immunity in favour of the insurer in spite of the terms of the contract of insurance.'the objection to the judisdiction was not however, considered on merits in that case. in national insurance co. v. narayanan nair, ( ..... does not appear to operate as a prohibition against any proceedings before the workmen's compensation commissioner involving the insurer who is liable under a contract of insurance to discharge the liability of the employer to compensate the workmen; according to the provisions of the workmen's compensation act. the .....Tag this Judgment!
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 : US Supreme Court
Decided on : Jun-29-1988
..... 2). in 1982, the tucker act was again amended to give the claims court exclusive jurisdiction to grant declaratory and equitable relief "on any contract claim brought before the contract is awarded." 28 u.s.c. 1491(a)(3). [ footnote 2/2 ] the court points out that "the specific agency action that ..... idaho migrant council, inc. v. united states, 9 cl.ct. at 89. the medicaid act itself can be analogized to a unilateral offer for contract -- offering to pay specified sums in return for the performance of specified services and inviting the states to accept the offer by performance. but regardless of ..... , those suits will not lie in district court either. it is settled that sovereign immunity bars a suit against the united states for specific performance of a contract, see larson v. domestic & foreign commerce corp., 337 u. s. 682 (1949), and that this bar was not disturbed by the 1976 amendment to ..... plaintiff of the precise property that has been wrongfully taken, or by enjoining acts that would damage the plaintiff's person or property. see 5a a. corbin, contracts 1141, p. 113 (1964); dobbs, supra, at 135. the use of the term "damages" (or "money damages") in a context dealing with ..... installments); joyce v. davis, 539 f.2d 1262, 1265 (10th cir.1976) (specific performance of a promise to pay money bonus under a royalty contract)." "in the present case, maryland is seeking funds to which a statute allegedly entitles it, rather than money in compensation for the losses, whatever they may .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-13-1988
Reported in : ILR1989KAR2138
..... of the correctness of the details of quantities of the forest produce was given. therefore, the bidders were advised to inspect on the spot, the contract area and the produce they intended to bid with a view to satisfy themselves about its correctness. in view of this, the clause further provided ..... also be considered to be conclusive. therefore, certain observations made in the judgment of the previous suit relating to violation of the terms of the contract cannot be held to be conclusive. however, sri gundu rao, learned counsel for the plaintiff has placed reliance on explanation viii to section 11 of ..... decreed as prayed for.41.1. the contention of sri gundu rao, learned counsel for the plaintiff is that the aforesaid suit related to the very contract-ext. p-2 between the parties; therefore the decree passed therein operates as res judicata. on the contrary sri papanna, learned counsel for the defendant ..... recorded in o.s.no. 83 of 1972 on the file of the additional munsiff, mysore, between the parties in respect of the very contract in question and in which a decree for permanent injunction was passed restraining the defendant-municipal council or its agents or servants interfering with the ..... proves that the acts of omissions and commissions attributed to the defendant are acts done by the defendant in violation of the terms of the contract?(7) whether the plaintiff has sustained any loss owing to the acts of commission and omissions attributed to the defendant. if so what is .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1988
..... u. s. 225 (1956), that, because the rla preempts all state laws banning union security agreements, the negotiation and enforcement of such provisions in railroad industry contracts involves "governmental action," and is therefore subject to constitutional limitations. accordingly, in street, we interpreted 2, eleventh to avoid the serious constitutional question that would ..... respondents, 20 employees who chose not to become union members, initiated this suit challenging cwa's use of their agency fees for purposes other than collective bargaining, contract administration, or grievance adjustment page 487 u. s. 740 (hereinafter "collective bargaining" or "representational" activities). specifically, respondents alleged that the union's expenditure of ..... whether this provision also permits a union, over the objections of dues-paying nonmember employees, to expend funds so collected on activities unrelated to collective bargaining, contract administration, or grievance adjustment, and, if so, whether such expenditures violate the union's duty of fair representation or the objecting employees' first amendment rights. ..... not to become union members, filed this suit in federal district court, challenging cwa's use of their agency fees for purposes other than collective bargaining, contract administration, or grievance adjustment (hereinafter "collective bargaining" activities). they alleged that expenditure of their fees on activities such as organizing the employees of other employers .....Tag this Judgment!