Court : Orissa
Decided on : Jan-30-1995
Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445
..... the position nor can such a proposition spelled out from the act. the liability of an insurer cannot be the insurance policy. the contract of insurance is a contract of indemnity and the purpose is to indemnify the insured and is definitely limited to the risk covered and to the extent of the sum assured ..... premium schedule showing the premium paid for different risks covered under the policy. it being a contract of indemnity, the rights and liabilities of the insured and the insured are governed by the terms and conditions contained in the contract, i.e., insurance policy. in this view of the matter, it cannot be said ..... ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability inrespect of the death of or bodily injury to persons being carried in or upon or entering or mounting or ..... risk of the passengers travelling in a goods vehicle and, as the deceased was not travelling in the goods vehicle by virtue of or under a contract of employment, the liability was not required to be covered under the act.4. the claimant did not enter the witness-box. he however, filed ..... entered appearance and denied its liability on the ground that carrying passengers in a goods vehicle was in violation of the terms and conditions of the contract of insurance. it contended that in view of the admitted position, that the deceased was a passenger and this fact being further borne out from .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-30-1995
..... supra, 561. the majority cannot argue that, because those five sets of circumstances suggest the contrary. first, the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of 437 indemnity, for doing so would amount to a bypass of, and "render ... superfluous," the statutes and "panoply of implementing regulations" that ..... c. 14311435 (1988 ed. and supp.v)). 12ju8tice breyer asserts that, by citing these statutes and regulations, "the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of indemnity, for doing so would amount to a bypass of" the provisions. post, at 436-437. we view the statutes and regulations, which ..... implication as it is to those expressly made." sutton, 256 u. s., at 580 (opinion of brandeis, j.). when thompson contracted with the united states, statutory mechanisms existed under which a government contracting officer could provide an indemnity agreement to specified classes of contractors under specified conditions. see, e. g., 50 u. s. c. 1431 (1988 ed., supp. v) ..... provided to defense contractors); 10 u. s. c. 2354 (1956 statute authorizing indemnification provisions in contracts of a military department for research or development); 42 u. s. c. 2210 (indemnity scheme, first enacted statutes that expressly provide for the creation of indemnity agreements); the act bars agreements for which there has been no appropriation. we consider open-ended .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Aug-21-1995
Reported in : (1996)57ITD81(Hyd.)
..... shown at 90% after reduction by 10% which had already been received as "down payment". provision for security of 5% of the contract amount with an indemnity clause in the agreement is the pointer of this situation. if the services were not rendered, the amount is bound to be refunded and ..... of 5% of the billed amount is also an indication of this position and the existence of indemnity clause also supports this view. it is thus a case of a sort of executory contract whereunder the rights and obligations of the parties are determined on the basis of fulfilment of respective part ..... actually made by rinl after conclusion of the above-said two agreements although respective invoices were received much earlier. in the case of the wrm contract, the contract agreement was signed during the f.y. 1983-84, it commenced during the f.y. 1983-84 and the direct 'down payment' was made ..... discussion with the indian company mecon regarding organisation of erection, consultation regarding methods how to select competent local erection companies and how to negotiate and conclude contracts with such companies. - planning how to store the equipment parts supplied local and from overseas to the site before erection to ensure that all ..... the parties to be put back to their original position even if the contract is silent about it. this is the general law and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-1995
Reported in : AIR1995SC1811; 84CompCas168(SC); (1996)2GLR83; JT1995(4)SC366; 1995(3)SCALE627; (1995)5SCC482; Supp1SCR349; 1995(2)LC442(SC)
..... gillespie brothers & co. ltd. v. roy bowles transport ltd. 1973 (1) q.b 400, lord denning for the first time construing the indemnity clause in a contract stated that the court to permit party to enforce his unreasonable clause, even when it is so unreasonable, or applied so unreasonably, would be unconscionable, it was ..... in the bargaining process and substantive unconscionability is fault or unfairness in the bargaining outcome-that is, unfairness of terms; quoting section 208 of the restatement (second) of contracts, he stated at page 752 that:over the last fifteen years, however, there have been strong indications that the principle of unconscionability authorises a review of elements well ..... in ramana dayaram shetty v. international airport authority of india : (1979)iillj217sc , another constitution bench held that in a welfare state in regulating and dispensing special services including contracts, the citizen derives rights or privileges by entering into favourable relations with the government. the government, therefore, cannot anchor its role as a private person. the exercise of the ..... business, its policies must be in conformity with the rights in parts iii and iv of the constitution. it has no power to impose any unconstitutional conditions in the contract, no classification much less valid classification has been made between salaried employees in government, semi-government, organised sectors or reputed commercial organisations, self-employed or unorganised sectors. the .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-17-1995
Reported in : 1997ACJ482; AIR1996Kant258; ILR1996KAR1186; 1996(1)KarLJ534
..... a and c that b shall be the servant of c on the particular occasion is not conclusive but such a contract may entitle a to claim indemnity from c for the damages he has had to pay to x.' the principle of law referred to above applies even in a case where the vehicle is requisitioned under ..... to another can take place only with his express or implied consent and that it is not legitimate to infer that a change of masters has been effected because a contract has been made between the two employers declaring whose servant the man employed shall be at a particular moment in the course of his general employment by one of the ..... relevant passage reads as hereunder :'... in mersey docks and harbour board v. coggins & griffith (liverpool) ltd. the appellants let out their crane and driver to the respondent stevedores under a contract providing that the driver shall be servant of the respondent. the crane driver by his negligence injured a person giving rise to the question as to who was the master .....Tag this Judgment!
Court : Orissa
Decided on : Oct-25-1995
Reported in : (1997)IIILLJ655Ori
..... of agreement; where the contractor is liable to indemnify the principal in respect of all statutory compensations, the question of a determination of amount of indemnity by thecommissioner does not arise. therefore, it is manifest that the commissioner has committed an illegality in assuming jurisdiction to decide the question and in ..... is found in section 12(1) of the act which gives the workman a right to recover from the person who has entered into a contract with the workman's immediate employer and in that case section 12(2) becomes operative and the principal who has engaged the contractor has a ..... when the services of a workmen are temporarily lent or let on hire another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him.'section 3 is the provision regarding employer's liability for compensation ..... they were held to be liable to pay compensation, they were entitled to be indemnified for the amounts by the contractor under the stipulations in the contract.7. on consideration of the case of the parties, the commissioner formulated two issues:(i) what is the nature and extent of injuries sustained by ..... employer by way of penalty.' section 12 on which heavy reliance is placed by the appellants is quoted hereunder in extenso:'12. contracting-- (1) where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade .....Tag this Judgment!
Court : Orissa
Decided on : Oct-25-1995
Reported in : 1997ACJ987
..... default of agreement; where the contractor is liable to indemnify the principal in respect of all statutory compensations, the question of determination of amount of indemnity by the commissioner does not arise. therefore, it is manifest that the commissioner has committed an illegality in assuming jurisdiction to decide the question and ..... is found in section 12(1) of the act which gives the workman a right to recover from the person who has entered into a contract with the workman's immediate employer and in that case section 12(2) becomes operative and the principal who has engaged the contractor has a ..... when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him.section 3 is the provision regarding employer's liability for compensation ..... they were held to be liable to pay compensation, they were entitled to be indemnified for the amounts by the contractor under the stipulations in the contract.7. on consideration of the case of the parties, the commissioner formulated two issues:(i) what is the nature and extent of injuries sustained by ..... by way of penalty.section 12 on which heavy reliance is placed by the appellants is quoted here-under in extenso:(12) contracting.-(1) where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-13-1995
Reported in : 1996(1)BomCR245
..... the company for the order would be made against such materials on production of a certificate from the officer of the inspection and liaison organisation and on furnishing the necessary indemnity bond to the paying authority. 'on account' payment was not, however, permissible against steel procured by the company from a source other than the floating stock held by the railways ..... the following observations of the supreme court in sentinel rolling shutters & engineering company pvt., ltd. v. commissioner of sales tax  42 stc 409 : '....... the question whether a particular contract is a contract for sale or for work and labour is always a difficult question and it is not surprising to find the taxing authorities divided on it. the difficulty, however, lies ..... arrangement made or permit or licence and to use such materials economically and solely for the purpose of the contract against which they were issued and not to dispose of them without the permission of the government. one of the clauses in the indemnity bond provided that the company should hold at its works the stores and articles of the railways in ..... respect of which advance might be made to the company. the special conditions also provided that 'on account' payment was part of the 'full contract price' for each completed wagon and that the government .....Tag this Judgment!
Court : Chennai
Decided on : Sep-12-1995
Reported in : (1996)1MLJ29
..... of the principal employer, not only the contract must have been in the course of the trade or business, but ..... has excluded section 12(2) of the act from its applicability, which, according to the learned counsel is an inconsistent finding and therefore the indemnity under section 12(2) of the act has to be extended to the principal employer. of the above five ingredients, laid down by this ..... was brought only by the second respondent - contractor for the dismantling work of the electrical installation from the tower and there is no direct contract between the appellant and the deceased ramu. on the instruction of the appellant - temple to the second respondent to instal the illuminations for ..... the work entrusted also must relate to the trade or business. but, in this case, even though the contract as in the course of business ..... contract for the performance of the illumination of the tower has become the business contract. but the illumination of the temple tower, as mentioned above, is not connected with the business. there may be a contract during the course of the business for performing certain things not connected with the business. for the indemnity .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-17-1995
Reported in : 106STC158(AP)
..... safe custody. it is also one of the special conditions that the stores and articles of the railway kept at site should be covered by proper indemnity. the 'on account' payment was part of the 'full contract price' for each completed wagon and the government reserved the pre-emptive right to purchase all surplus or unserviceable materials from the company. on a ..... interpreting the agreement held 'the expression all items provisioned will be the property of the government and will be issued on contract loan' indicted that though gathered and processed or manufactured by the appellant, the appellant would have no property in those goods and would not be able to dispose of or ..... karnataka on further reference affirming the view of the tribunal, held that the sale of spare parts was clearly in contemplation by parties, that the documents in question constituted composite contracts and that sales tax was attracted. 10. on appeal to the supreme court, by the company the decision of the karnataka high court was reversed. the supreme court while ..... reiterated his contentions as were advanced before the tribunal. it is strenuously contended by the learned counsel for the state that the transactions by virtue of the entrustment of the contract between the government of india and the french company should be regarded as outright sales exigible to tax. it is further contended that the documents exchanged between the parties and .....Tag this Judgment!