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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1997 Page 1 of about 795 results (0.042 seconds)

Apr 01 1997 (SC)

State of Orissa Vs. United India Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Apr-01-1997

Reported in : 1999ACJ162; AIR1997SC2671; JT1997(5)SC570; (1997)116PLR695; RLW1997(2)SC297; 1997(4)SCALE320; (1997)5SCC512; [1997]3SCR499; 1997(2)LC268(SC)

..... nor by the conduct of any other person. breit. l.j., observed, with regard to this indemnity, thus:this contract means that the assured, in case of loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified. that is ..... undertake such liability by subsequent incorporation into the policy of such underwriting and, therefore, by operation of section 237 of the contract act, the insurance company was not bound by such act of the manager. 11. a contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of any other person ..... a contract is covered by the contract itself and such loss is not caused to the assured by the conduct of the insurer ..... as contemplated in section 124 of the indian contract act. but indemnity, as applicable to marine insurance, must not be an indemnity, as contemplated by the indian contract act, as the loss in such .....

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Apr 11 1997 (HC)

L.i.C. of India Vs. Ramesh Chandra

Court : Mumbai

Decided on : Apr-11-1997

Reported in : 1998(3)BomCR439

..... subject to payment of premiums for a term dependent on human life and shall be deemed to include :(a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance,(b) the granting of annuities upon human life; and(c) the granting of superannuation allowances and annuities payable out of any fund applicable solely ..... on human life by the deeming inclusion clause for the grant of disability and double or triple benefit and accident benefit, if so provided in the contract of insurance. the provisions in the contract of insurance is the determining factor of the contract of indemnity and the incidence of payment of the amount under the policy bond. insurance often does not necessarily give perfect ..... indemnity. a contract of insurance is like any other contract whereby one person, called the insurer undertakes, in return for the agreed consideration, called the premium, to pay to another person, called the assured, sum of money or its equivalent, ..... on the happening of a specified event. an essential element of the contract of insurance is that the agreement provides that the insurer undertakes to indemnify the insured on the happening of a specified event. life insurance business now includes miscellaneous insurance. a .....

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May 15 1997 (HC)

Assambrook Exports Ltd. and anr. Vs. Export Credit Guarantee Corpn. of ...

Court : Kolkata

Decided on : May-15-1997

Reported in : AIR1998Cal1

..... that of the ordinary contractual warranty. otherwise there is no principle in insurance law which is at variance with the ordinary principles of the law of contract.'46. a contract of insurance is primarily a contract of indemnity but it may be framedotherwise, in terms whereof the insurer has certainobligation. 47. in lucas ltd. v. export credits guarantee depatment reported in 1974 (2 ..... price. the export credit guarantee department of the department of trade issues to exporters policies covering them them upto specified percenages against non-commercial risk. these policies are contracts of indemnity and if payment has been made under a policy by the department of trade in respect of a loss due to restrictions on the export of currency, and the ..... made by the first petitioner as regards the solemn promise made by it. a case of this nature would not fall within the general cases arising out of a pure contract qua contract.30. in life insurance corporation of india v. escorts ltd. reported in : 1986(8)ecc189 , the apex court was concerned with transfer of shares. the apex court ..... stated :--'the ministry of foreign economic relations of the republic of kazakhstan is pleased to inform that it is taking all the possible measures to perform its obligations under the contract concluded between 'rassik woodworth limited' and the state joint-stock company 'kazpishepromsyrio' for the delivery of tea to kazakstan. but some difficulties related to introduction .! the national currency, .....

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May 13 1997 (HC)

Smt. Tirpta Bakshi and ors. Vs. Sukhwant Singh and ors.

Court : Punjab and Haryana

Decided on : May-13-1997

Reported in : 1999ACJ498; [1998]93CompCas381(P& H); (1997)117PLR406

..... transferor did not intimate the insurance company with respect to the sale of the vehicle. the insurance company did not transfer the policy to thetransferee. thus, in terms of the contract of indemnity, i.e., the insurance policy, the insurance company was absolved of its liability to pay compensation to the claimants. 4. learned counsel for the appellants challenged the finding of ..... policy, consequently the insurance company is jointly and severally liable to pay compensation to the claimants. it is nobody's case that the driver of the vehicle was not under indemnity of the insurance company under the insurance policy. i may hasten to add that inferences ordinarily should be drawn in favour of the claimants who are a third party and ..... were not privy to the contract of insurance. the statutory insurance is encumbent to protect his interest. the attempt should be to protect his interest rather than to defeat it, as otherwise the respondents would be ..... raj, may be the owner has not remained in actual possession for the purpose of plying the vehicle. mere transfer of ownership would not really affect the matter when the contract of insurance policy covers the driver too. moreover, as discussed earlier, hans raj, insured, was the owner of the truck having a subsisting interest in it and it is for .....

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Jul 24 1997 (HC)

United India Insurance Co. Ltd. Vs. Valliammal

Court : Chennai

Decided on : Jul-24-1997

Reported in : 1998ACJ1336; (1998)IMLJ427

..... , the insurer will indemnify the owner. we cannot take it that when the owner who happens to be the driver is guilty of rash and negligent driving, the contract of indemnity will hold good. either way the claim against the insurer cannot succeed.(6) if the claimant's husband was guilty of rash and negligent driving and such driving caused the ..... , a similar view has been taken by a division bench of the kerala high court, which has been set out in the following terms:(5) the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay a compensation to persons who suffered injury or damage on account of an accident involving the vehicle ..... in the vehicle, or(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 in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle .....

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Sep 24 1997 (HC)

H.K. Bhalla Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-24-1997

Reported in : 1997VIAD(Delhi)960; 69(1997)DLT352

..... stated that the transactions could be termed as the terms of indemnity as distinguished from the contract of guarantee. the condition precedent for enforcement of any claim with reference to the indemnity is that there should be proof that the person claiming indemnity, as a matter of fact, should that he sustain loss ..... the certificate was approved by the protector of emigrants, the 2nd defendant. the 2nd defendant later on called upon the plaintiff to issue a letter of indemnity and the plaintiff had no option but to execute the surety bond in favor of the 2nd defendant. the plaintiff had also to give two bank ..... shri h.k. bhalla. pw-11 stated that the main thrust of the case is that there was insurgency ill iran, thereforee, the whole contract between the union of india and- the plaintiffs and the principal employer in iran had become unenforceable and consequently the plaintiff, h.k. bhalla was ..... formalities of every emigrant will -be that of the recruiting agency. in no case the emigrant worker should be asked/coerced to sign any other contract subsequently either in india or abroad by the employer or his agents. 8.every recruiting agency/recruiting agent shall ensure that the workers, before ..... be registered by him with the concerned protector of emigrants. while the recruiting agency is in any case to be a signatory on the employment contract he could, if he so desires, make the foreign employer also to be a signatory to that effect. the entire responsibility for completing the .....

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Jan 17 1997 (HC)

Sada Nirmala and ors. Vs. Indrapaul Singh and anr.

Court : Andhra Pradesh

Decided on : Jan-17-1997

Reported in : 1997(2)ALT275

..... a meaning out of the interpretation so as to operate upon the deceased in this case to give the benefit of the indemnity under the terms of the contract on the part of the insurer to pay the compensation in this case on the ground that the deceased had no reason ..... held that unless the act policy covers the risk in regard to third parties, any other person cannot be covered for the purpose of the indemnity and the liability cannot be fastened as against the insurer to indemnify the owner of the vehicle unless covered by the terms of the policy ..... therefore, it must be evolved from its true or real and grammatical meaning in addition to the legal meaning in the law of contract and contract of employment. the term 'contract of employment' connotes atleast two persons viz., employer and employee, the former being in the dominating position and contrary to the latter ..... with certain terms to be settled between them for the object of fulfilling the terms of contract of employment. no social contract can bring the meaning within the relationship of master and servant or employer and employee to create venculim juris or the relationship in ..... court in k. rajanna's case, 1995 acj 1015 (karn.), the relationship between respondent no. 1 and deceased should be brought within the meaning of 'contract of employment'. according to the learned advocate for the appellant (sic. 1st respondent), the word 'business' should not be given a restricted meaning to import .....

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May 26 1997 (HC)

Oriental Insurance Co. Ltd. Vs. Maheshwari and ors.

Court : Himachal Pradesh

Decided on : May-26-1997

Reported in : I(1998)ACC622,1998ACJ1268

..... 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 ..... having failed to get the registration transferred by the registration authority under section 31 of the motor vehicles act, 1939, unless there is a contract to the contrary between the transferee and the transferor. the moment the possession of the vehicle together with documents is delivered, title stands transferred ..... the insured parts with his vehicle, the policy relating to it lapses, inasmuch as the vehicle is the subject-matter of the very foundation of contract of insurance. neither section 96(1) nor section 96(2) of the act results in a policy of motor insurance being continued to operate and ..... insurer undertakes to compensate against. where such a contract provides for indemnity to the assured against the 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 give 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 is .....

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May 13 1997 (TRI)

S.T. Patil and ors. Vs. Registrar of Companies

Court : Company Law Board CLB

Decided on : May-13-1997

Reported in : (1998)91CompCas578

..... decision in paul and frank ltd. v. discount bank (overseas) ltd. and the board of trade [1967] 37 comp cas 76 {ch d), wherein it has been held that contracts of insurance, guarantee, indemnity, etc., do not require registration. in these circumstances, the decision of kent and sussex sawmills ltd., in re [1947] 17 comp cas 169 (ch d) has no bearing .....

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Nov 27 1997 (HC)

H.P.A. International and ors. Vs. State Bank of India and anr.

Court : Chennai

Decided on : Nov-27-1997

Reported in : [2001]103CompCas682(Mad)

..... the amount of the bill. for this purpose, the learned judge relied on exhibit p-2, the general letter of indemnity. so far as the alleged amendment to the contract pleaded by defendants nos. 1 to 6, the learned judge found that the said information were given to the plaintiff-bank ..... respondent-bank to make arrangement for payment of freight, for insurance and for warehousing. exhibit p-2 (march 22, 1977) is the letter of indemnity, which categorically states that it relates to the first respondent-bank negotiating for the payments from time to time, documentary bills under letters of credit ..... was justified in making a claim against the seventh defendant. it was further contended by defendants nos. 1 to 6 that the letter of indemnity could not cover the suit transactions. certain other incidental pleas were also taken, but it is not necessary to narrate the same in view ..... 1977, for rs. 3 lakhs with interest at 11.5 per cent. per annum, agreement of guarantee dated march 22, 1977, general letter of indemnity, dated march 22, 1977, relating to the documentary bills and a general letter of hypothecation dated march 22, 1977. an equitable mortgage was also created ..... passage supports the plea of the first respondent-bank :'payment against indemnity should permit of no doubt if the indemnity is in writing and contains the terms of the agreement between the parties ; the payment is the consideration for this extra credit contract between the tenderer and the tenderee. if, however, payment is .....

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