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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1992 Page 1 of about 582 results (0.042 seconds)

Feb 11 1992 (HC)

Radhabehn and ors. Vs. Mulji Kanji Dhrod and ors.

Court : Gujarat

Decided on : Feb-11-1992

Reported in : 1(1995)ACC403

..... never be the intention of the provision in workmen's compensation act or the motor vehicles act, so far as the insurance policy, viz., the contract of indemnity is concerned.thus, this court has, in terms, negatived the contention that the insurance company is liable also for the penalty amount awardable under section ..... the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence he incurs ..... for such a liability, suffice it would have been for it not to have included in the contract of insurance any indemnity clause for such a liability. on one hand, to include in the contract of indemnity a liability to be responsible for the liability for penalty and in the same breath to stipulate for ..... be covered.35. now, before we go to the actual terms of the policy to find out whether, as a matter of fact, it provides indemnity to the insured for its liability to pay penalty to the employee or to his dependents we would like to refer to certain authorities which have ..... section 4-a in the w.c. act, the legislature would have simultaneously amended section 96 of the m.v. act suitably to provide the indemnity to be given by the insurer to the insured also in respect of the insured's liability for penalty payable by the insured employer to the .....

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Feb 11 1992 (HC)

Radhabehn and ors. Vs. Mulji Kanji Dhord and ors.

Court : Gujarat

Decided on : Feb-11-1992

Reported in : 1994ACJ404

..... never be the intention of the provision in workmen's compensation act or the motor vehicles act, so far as the insurance policy, viz., the contract of indemnity is concerned. thus, this court has, in terms, negatived the contention that the insurance company is liable also for the penalty amount awardable under section ..... the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence he incurs ..... for such a liability, suffice it would have been for it not to have included in the contract of insurance any indemnity clause for such a liability. on one hand, to include in the contract of indemnity a liability to be responsible for the liability for penalty and in the same breath to stipulate ..... covered.35. now, before we go to the actual terms of the policy to find out whether, as a matter of fact, it provides indemnity to the insured for its liability to pay penalty to the employee or to his dependants we would like to refer to certain authorities which have ..... made by enacting section 4-a in the wc act, the legislature would have simultaneously amended section 96 of the mv act suitably to provide the indemnity to be given by the insurer to the insured also in respect of the insured's liability for penalty payable by the insured employer to .....

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Nov 06 1992 (HC)

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Decided on : Nov-06-1992

Reported in : ILR1993KAR201; 1993(1)KarLJ308

..... and liabilities of the sureties and the principal debtor are in-the nature of public policy because it is the policy of law that the persons who enter into a contract of indemnity and guarantee should have certain rights and liabilities. as otherwise it is likely that the creditor being in a dominating position may exploit the hopeless position of a person ..... judgment, therefore, it is necessary to reproduce the same:'9. chapter viii of the indian contract act, 1872, (hereinafter referred to as the 'act') deals with indemnity and guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for guarantee ..... seeking credit and may compel the persons seeking credit and the persons furnishing guarantee and indemnity to agree to the terms which in the very nature of things will be iniquitous, unjust and unconscionable. it is submitted that it is this danger which is intended to ..... said clause is neither bad in law or is not enforceable.'11. we are of the view that as the provisions contained in chapter viii of the act relate to indemnity and guarantee, they deal with one subject and they are to be read together. the liability of the surety as stated in general terms in section 128 of the act .....

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Jun 15 1992 (HC)

New India Assurance Co. Ltd. Vs. Kannammal and ors.

Court : Chennai

Decided on : Jun-15-1992

Reported in : II(1995)ACC229

..... third party. there is yet another angle, from which the liability of the appellant-insurance company may be considered. essentially, a contract of insurance is only a contract of indemnity, in and by which, the insurance company agrees on payment of a premium, to indemnify the owner of the vehicle against his ..... a personal accident policy, which, ex. b. 1 was not. a further submission was also made by learned counsel that the contract of insurance being essentially one of indemnity, the insurer could at best be made liable to indemnify the insured in respect of his liability to pay compensation for the ..... vehicle in an accident. it had also been further laid down that a contract of insurance is one of indemnity and a contract stipulating for payment of compensation for the death of the insured person himself, cannot be a contract of indemnity and that if the owner of the vehicle, who has only the ..... act and common law. endorsement 16 appended to the policy providing for the insured being indemnified is only to this effect and the right of indemnity is to the insured against his legal liability for the payment of compensation under the workmen's compensation act, fatal accidents act and under the ..... benefit of indemnity, is not covered by the policy, his representatives, unless he be an employee covered by the first proviso to .....

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Dec 14 1992 (HC)

New India Assurance Co. Ltd. Vs. Celine and ors.

Court : Kerala

Decided on : Dec-14-1992

Reported in : I(1993)ACC445; 1993ACJ371

..... laws of england, 4th edition, volume 25, paragraphs 523 to 527, it is stated that the doctrine of subrogation applies to all contracts of non-marine insurance which are contracts of indemnity, sych as fire insurance, motor insurance and contingency insurance. it is further stated that in the strict sense of the term, subrogation ..... have already referred to the said clause, but we shall again refer to the relevant portion thereof. it reads :'no admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the company which shall be entitled, if it so desires, ..... of the insured the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured ..... the insured, the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit, any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured shall ..... relied upon by the appellant-insurer is condition 2 of the policy of the insurance and reads as follows :'no admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the company which shall be entitled, if it so desires .....

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Dec 01 1992 (HC)

The Kerala Handloom Finance and Trading Corporation Limited Vs. Bal. R ...

Court : Chennai

Decided on : Dec-01-1992

Reported in : (1994)2MLJ215

..... whom the plaintiff cannot recover the decree amount easily.further, there was no separate contract of indemnity between the 3rd defendant and the plaintiff and there was also no consideration for any such contract if there was one. thus, the plaintiffs attempt to make out a contract of indemnity has no factual foundation since this is a simple case of bailment for reward. ..... the contract of bailment was fully completed and also performed. there was no loss or destruction or ..... plaintiff cannot claim any damages against the 3rd defendant for the following reasons. even before the plaintiff-corporation approached the 3rd defendant, the former had already entered into a contract with the 1st defendant regarding the export of garments. p.w. 1 concedes that the plaintiffs arrangement with the binny company (3rd defendant) was confined to stitching and delivery ..... deterioration of the goods. therefore, no liability arises under section 161 of the contract act.even on evidence, the plaintiff/corporation .....

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Sep 22 1992 (HC)

United India Insurance Co. Ltd., Gauhati Vs. Member, Motor Accident Cl ...

Court : Guwahati

Decided on : Sep-22-1992

..... set out in clauses (a) and (b). 10. it is necessary to bear in mind that a contract insurance is practically a contract of indemnity. to effectuate the contract of indemnity, a decree has to be first obtained against the insured and thereupon the liability of the insurer to discharge ..... also requires to be taken into consideration. the possibility of the owner being deprived of no claim bonus in certain types of insurance contract is also relevant. the mere fact that the insurance policy in a given case covers the amount ordered to be paid as compensation ..... policy, the supreme court observed : 'the insurance policy might provide for liability wailed in by conditions which may be specified in the contract of policy. in order to make the protection real, the legislature has also provided that the judgment obtained shall not be defeated by ..... the decree arises. a contract of insurance is a contract by which the insurer promises to save the insured from ..... the loss caused to him by the conduct of any other person. by virtue of section 125 of the indian contract .....

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Jan 27 1992 (HC)

Andhra Civil Construction Co. Vs. the Board of Trustees of the Port of ...

Court : Mumbai

Decided on : Jan-27-1992

Reported in : 1992(2)BomCR132

..... restricted nature of the guarantee. during course of discussion, j.c. shah, j., speaking for the bench distinguished a contract of indemnity and a contract of guarantee in paragraphs 8, 9 and 10 of his judgment and observed that a contract of guarantee required concurrence of three persons, the principal debtor, the surety and the creditor. undoubtedly it is so. does ..... engineer, central railway, who is appointed as sole arbitrator. the petitioner shall communicate to the respondent amount of damages claimed by the petitioner for the alleged wrongful termination of contract within four weeks from today. iii) the learned arbitrator shall arbitrate upon the claim referred to in sub-clause (e) of paragraph 20a of the plaint in conjunction ..... a) to (d) of paragraph 20a of the plaint are covered by the arbitration clause. the arbitration clause is contained in clause 18 of the general conditions of contract governing the works contract dated 6th december, 1980. the said arbitration clause reads as under :---'18. settlement of disputes - arbitration.if any dispute or difference of any kind whatsoever, other than ..... more particularly set out therein. the tender submitted by the plaintiff-petitioner for the said work was accepted by the respondent. ultimately, on 6th december 1980, a written contract was executed between the petitioner and the respondent whereunder the petitioner agreed to construct marine works of sassoon fish harbour project and carry out other contractual work. even prior .....

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Mar 27 1992 (HC)

New India Assurance Co. Vs. Hurmat Begum and ors.

Court : Jammu and Kashmir

Decided on : Mar-27-1992

Reported in : II(1994)ACC247,1993ACJ1281

..... in the pleadings of parties. such an approach is bound to cause miscarriage of justice.7. a policy of insurance is a contract of indemnity and the liability of insurer should be taken to be what is contained in the contract. it is the best guide which can show the extent of risk which an insurer has sought to cover. therefore, it can .....

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Nov 12 1992 (HC)

Dattatraya Shankarrao Kharde and ors. Vs. Executive Engineer, Chief Ga ...

Court : Mumbai

Decided on : Nov-12-1992

Reported in : (1994)ILLJ395Bom; 1994(1)MhLj776

..... , holidays and holiday pay, maternity pay, reasonable opportunity to earn remuneration during the period of lay off and guaranteed remuneration etc., form implied terms of individual contract of employment. 49-a it is thus quite clear that certain terms and conditions of service which are regulated by the provisions of the statutes can form implied ..... 1872, there are certain sections especially those relating to particular relationship such as contract of guarantee, indemnity, bailment, principal and agent and opening with the phrase 'subject to the contract otherwise' which form 'implied terms of contract', even though they might have been expressly incorporated in the contract entered into between the parties. it is thus clear that although certain terms ..... assessing quantum of compensation, when they were thrown out of employment in situations contemplated by the said amending act. 41. as already pointed out, originally either the contract of service or in most of standing orders framed by the employers under the relevant law to regulate the conditions of the service of their employees, no compensation ..... , which may be even statutory, are not expressly contained in a contract, they .....

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