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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1996 Page 1 of about 833 results (0.039 seconds)

Jun 06 1996 (HC)

Hindustan Corporation (Hyderbad) Pvt. Ltd. Vs. M/S. United India Fire ...

Court : Andhra Pradesh

Decided on : Jun-06-1996

Reported in : AIR1997AP347

..... company v. london. liverpool, and globe-insurance company. (1877) 5 ch. d. 569. it was jesset, m. r., who held that a fire policy was a contract of indemnity and indemnity only' - it was to indemnify against loss by fire; and the court of appeal affirmed that. this shows that policies under which things or goods are insured against loss ..... that subrogation springs not from payment only but from actual payment conjointly with the fact that it is made pursuant to the basic and original contract of indemnity.' 17. the doctrine of subrogation flowing from the contract of indemnity is accepted and applied by indian courts also. in maharana shrijasvaisingji fatesingji v. secretary of state for india ilr (1890) 14 bom 299, jardine j ..... , are contracts of indemnity because they indemnify against loss and the doctrine of subrogation is attracted when amounts are paid under them. this has been further exemplified by lord blackburn in the case of ..... the safely of the subject-matter insured by reason ofthe peril insured against.' it was also observed in that case that the question whether fire policies were contracts of indemnity like marine policies or were contracts to pay a certain sum of amount in a particular event like life policies was settled by the court of appeal in north british and mercantile insurance .....

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Oct 28 1996 (HC)

National Insurance Co. Ltd. Vs. Smt. Santro Devi and ors.

Court : Punjab and Haryana

Decided on : Oct-28-1996

Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667

..... is in a position to control the conduct of the insured or insurer in the use of vehicles in public place. there is no gain-saying that the contract of indemnity is not a personal contract in that sense with the third person. it is the third party's right against the insured undertaken by the insurer to re-imburse the insured under ..... of loss too. insurer cannot be antagonised because its participation in carrying out the welfare activities of government which is the governmental functions.34. the contract of motor insurance in essence is one of the indemnity for consideration which guarantees the insured, compensation for the loss or risk in case of an accident or loss or damage suffered totally or partially stipulated ..... the holder of a fake driving licence renewed by a competent authority, would not amount to violation of the conditions of contract or of insurance policy. it would not be violating either conditions of indemnity or the insurance policy or the contract or violation of any statutory provisions. under these circumstances, merely employing a driver with a forged driving licence would not absolve ..... insured. the insurer is entitled to all the rights and remedies against third person with respect to the subject matter of insurance. the contract of motor insurance is an essence for all intents and purposes of the indemnity and particularly to the third person. the insurer is liable to reimburse the third party on account of the loss caused by him. the .....

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Jan 04 1996 (HC)

Anil Kumar and ors. Vs. Central Bank of India and ors.

Court : Himachal Pradesh

Decided on : Jan-04-1996

Reported in : AIR1997HP5

..... state bank of india, air 1986 ori 247.23 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 'rights of indemnity holder when sued; section 126 defines the expressions 'contract of guarantee', 'surety', 'principal debtor' and 'debtor'. section 127 provides regarding the ..... or performance and surety's right to benefit of creditor's securities respectively; sections 142 to 144 deal with the guarantee; section 145 deals with the implied promise to indemnity-, surety; section 146 deals with co-sureties liable to contribute equally and lastly section 147 deals with liability of co-sureties bound in different sums. thus, it is ..... next contended that the first appellate court was not justified in discharging the liability of the appellants once it had invoked the provisions of sections 139 and 141 of the contract act in discharging second surety, namely, santokh singh respondent. in support of his contention, he placed reliance in state bank of saurashtra v. chitranjan rangnath, air 1980 ..... in these circumstances, the court was justified in fastening' the liability qua the other surety. (ii) the court having invoked provisions of sections 139 and 141 of the contract act, in discharging one of the sureties, whether in the circumstances the lower appellate court was justified in not discharging the liability of the appellant. 9. during the pendency .....

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Sep 11 1996 (HC)

M.S. Balasubramaniam Vs. the United India Insurance Co., Ltd., Represe ...

Court : Chennai

Decided on : Sep-11-1996

Reported in : (1996)2MLJ525

..... to fail. the relationship between the plaintiff in both suits and the third defendant in both the suits is that of an insurer and insured. the contract of insurance is a contract of indemnity. in a contract of indemnity the indemnifier by itself cannot file the suit as per repealed section 130-a of the transfer of property act. in the present case, the plaintiff ..... in such policy, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the suit had been brought in the name of the person by or on behalf of whom the policy was effected ..... not correct. the lorry was also burnt and damaged. the defendants are therefore not bound to make payment of the suit claim to the plaintiff. there is no privity of contract between the insurance company and the owner of the lorry and the suit is liable to be dismissed on that ground.4. since both the suits arise out of a .....

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Jul 01 1996 (FN)

United States Vs. Winstar Corp.

Court : US Supreme Court

Decided on : Jul-01-1996

..... the reserved powers doctrine inapplicable because "the private party to the contract does not seek to stay the exercise of sovereign authority, but merely requests damages for breach of contract," post, at 923, he appears to adopt a distinction between contracts of indemnity and contracts not to change the law similar to the unmistakability analysis he rejects ..... . the requirement of unmistakability embodies this reversal of the normal reasonable presumption. governments do not ordinarily agree to curtail their sovereign or legislative powers, and contracts must be interpreted in a commonsense way against that background understanding. here, however, respondents contend that they have overcome this reverse presumption that the government ..... in the court of federal claims, seeking monetary damages on both contractual and constitutional theories. that court granted respondents' motions for partial summary judgment on contract liability, finding in each case that the government had breached contractual obligations to permit respondents to count supervisory goodwill and capital credits toward their regulatory capital ..... toward regulatory capital requirements, respondents each filed suit against the united states in the court of federal claims, seeking damages for, inter alia, breach of contract. in granting each respondent summary judgment, the court held that the government had breached its contractual obligations and rejected the government's "unmistakability defense"-that surrenders .....

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Nov 27 1996 (HC)

Jaysinghrao Dadu Patil and Another Vs. KutubuddIn Ismail Soudagar and ...

Court : Mumbai

Decided on : Nov-27-1996

Reported in : I(1998)ACC210; 1997ACJ1374; 1998(4)BomCR446; 1997(1)MhLj737

..... to accept the opposite party no. 2-a mohammad abdul waheed khan as the insured person in relation to the vehicle. there was no renewal of contract of indemnity in favour of opposite party no. 2-a mohammad abdul waheed khan. therefore, in our opinion the learned member of the tribunal was wholly justified in ..... and part of the consideration amounting to rs. 10,000/- was paid. the possession of the lorry was transferred to the purchaser and there was unconditional contract for sale of the lorry. in this background of facts, the division bench relied on section 20 of the sale of goods act and reached the conclusion ..... goods act, 1930, that obviously section 20 of the said act will apply to such a transaction. it lays down that where there is an unconditional contract for the sale of specific goods in deliverable state, the property in the goods passes to the buyer, when an offer is made and it is ..... goods act cannot be invoked nor can it be attracted when the agreement for sale is conditional. in other words section 20 has application only where the contract for the sale of goods is unconditional.12. in mohd. abdul waheed mohd nakim khan v. shyam behari rameshwar kalvar and others, (supra), the division ..... the transfer of the property in the goods is to take place at a future time of subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) an agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which .....

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Nov 01 1996 (HC)

Dr. A.C. Mehra Vs. Behari Lal and anr.

Court : Delhi

Decided on : Nov-01-1996

Reported in : I(1997)ACC657

..... the consignee, continues to be primarily liable for the damages sustained by the plaintiff. it, not being a party to the contract of indemnity, cannot be absolved of its liability to pay damages to consignor merely because the consignor had already recovered the money from the insurance company under ..... be reimbursed. he did not receive the amount of rs. 2,785 /- from his insurance com pany because of . this accident, but because of the contract entered into by him, with his insurance ' company. the pre-condition was the happening of an accident. the said insurance company on the happening of ..... correctly stated that the amount paid by his insurance company to m/s. saran motors cannot be adjusted or deducted. that was paid under a separate contract entered into by the appellant with a third party. in this regard reference can be made to chapter 10 of 'the quantum of damages' by kemp ..... hence cannot be taken now nor can take advantage of the insurance amount received by the appellant. that payment he received was pursuance to a separate contract entered into with his insurance company. moreover, the tribunal erroneously ignored the price paid by the appellant for purchase of the spare part at london. ..... a contract of insurance. these observations of the allahabad high court aptly apply on all fours to the facts of this case.9. .....

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Jan 11 1996 (HC)

E.i.D. Parry Ltd. Vs. Commissioner of Income Tax

Court : Chennai

Decided on : Jan-11-1996

Reported in : [1997]226ITR836(Mad)

..... any right in it in favour of the insurance company. it was by virtue of the contract of insurance or of indemnity, and in terms of the conditions of the contract . . . when an asset is destroyed, there is no question of transferring it to others. the destruction or loss of ..... , there was no transfer of it in favour of a third party. the money received under the insurance policy in such cases was by way of indemnity or compensation for the damage, loss or destruction of the property. it was not in consideration of the transfer of the property or the transfer of ..... new boiler from the insurer, was not the discarded or exploded boiler, but the right enuring in favour of the insured, against the insurer, under the contract of insurance. he, therefore, held that there was no capital gain. this was the view taken by the commissioner with regard to the trading profits, as ..... property or pay for the loss or damage in money'. the boiler exploded on november 11, 1969. the insurer opted to fulfil its part of the contract by purchasing a boiler of equivalent capacity and quality from the punalur paper mills ltd. at a cost of rs. 3 lakhs to replace the exploded ..... make the payment to cover the loss sustained by the insured would cease on the exercise of the option rendering the contract one for reinstatement ab initio which would mean that the contract between the insurer and the insured would be deemed in law to have always been from the inception one for reinstatement .....

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Jan 01 1996 (HC)

Oriental Insurance Co. Ltd. Vs. Top Bahadur and ors.

Court : Himachal Pradesh

Decided on : Jan-01-1996

Reported in : 1996ACJ931

..... interest to which the policy in his favour can relate and continue to have force affecting thereby the basis of contract of insurance as also the specified vehicle to which the indemnity relates, as is clear from the details required to be set out in the policy. it is with reference ..... mohanlal v. aher bawanji malde 1985 acj 505 (gujarat), it has been held that after the sale of the vehicle, there is no subsisting contract between the insurance company and the transferee, therefore, insurance company is not liable to indemnify the transferee and the claimants are not entitled to recover ..... respondent no. 2 without intimation to it, therefore, there was no insurable interest between the insurer and the insured. in the absence of privity of contract, the appellant could not be asked to indemnify the insured. therefore, in these circumstances, no award could be passed against the appellant.8. from ..... insurer undertakes to compensate against. where such a contract provides for indemnity to the assured against third party risks, the third party who is a stranger to the contract, cannot enforce it against the insurer. neither the general principles of law relating to contracts, nor the common law gives third party a ..... to those details and the history of vehicle and its owner, including claims or no claims in the past that premium payable on the insurance is determined and the contract .....

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Dec 30 1996 (HC)

K. Vedanand Vs. the Regional Manager, Ranga Reddy Region, A.P.S.R.T.C. ...

Court : Andhra Pradesh

Decided on : Dec-30-1996

Reported in : 1997(2)ALT164

..... denning in gillespie bros. and co. ltd. v. roy bowles transport limited, (1973) 1 all e.r. 193 while construing the indemnity clause in a contract said that the courts are not to permit party to enforce his unreasonable clause, so unreasonable as to be unconscionable and stated:'when it gets to this point, i would ..... or irrelevant considerations; (iii) decision has been taken without following the prescribed procedure which is imperative in nature. while exercising the power of judicial review even in respect of contracts entered on behalf of the government or authority, which can be held to be state within meaning of article 12 of the constitution, courts have to address while examining the ..... arbitrariness and discrimination in such transactions'. the activities of the government that a public element and, therefore, there should be fairness and equality. the state need not enter into any contract with anyone, but if it does so, it must do so fairly without discrimination and without unfair procedure.'after scanning through all these decisions, the supreme court in tata cellular ..... ramana dayaram shetty v. international airport authority of india, : (1979)iillj217sc it was held by the supreme court 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 power or .....

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