Court : Kolkata
Decided on : Feb-25-1998
Reported in : [1999(82)FLR530],(2000)ILLJ456Cal
..... particular person has procured the employment under the same employer on the basis of a false declaration, cannot be said to be a contract of indemnity as defined in section 124 of the central act because loss, if any, caused to the employer on account of wrongful employment of such particular ..... writ petition, contending that the respondent ought to have approached the forum created by the industrial disputes act, 1947. the learned trial judge held that indemnity is reimbursement and so a statement of an employee to the effect that his employer can terminate his service summarily, if it is found that a ..... made by mahesh kora in the indemnity bond that he was the brother of late dingle kora was false and so the services of respondent gopal chandra mondal were terminated. the termination ..... is that mahesh kora was provided with the employment in terms of the provisions contained in clause 9.4.0 referred above and the aforesaid indemnity bond but after thorough inquiry by the vigilance department it was found that mahesh kora was not the brother of dingle kora and the declaration ..... be given to one dependent of workers disabled permanently and those who met with death while in service. the respondent and one another executed an indemnity bond in the year 1991 in connection with the employment of one mahesh kora on the ground of the death of his sister dingle kora declaring .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-09-1998
Reported in : 2000ACJ1359; AIR1998MP257; 1998(2)MPLJ442
..... 's compensation act. the above said provision accepts the requirement of a policy in the cases contemplated thereunder and it has also not excluded the insurer from entering into a contract of indemnity to cover circumstances and conditions countenanced by the provision. because of this statutory entitlement, an employee or his legal representatives.are entitled to exercise option under section 110aa to ..... para-5 thus:'the provision aforquoted explicitly accepts the requirement of a policy in the case contemplated thereunder, and it has also not excluded the insurer from entering into a contract of indemnity to cover circumstances and conditions embracedby the provision. indeed, because of this statutory entitlement, an employee or his legal representatives is/are entitled to exercise option under section 110 ..... his legal liability under the workmen's compensation act.' herein also, i do not read any limit of liability being explicitly reserved by the insurer by the terms of the contract that is entered with the owner of the motor vehicle.'10. the decision in, dhanno's case (supra) was followed by r.k. varma j. in, kishori v. gulab khan .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-19-1998
..... the insured is concerned, he has the right as an adverse party to cross-examine the witness on the point of income of the deceased or injured. under the contract of indemnity, the insured may have also an obligation to mitigate the amount of damages which the insurer may have to ultimately pay as an indemnifier and such an obligation may also ..... , being one of the following conditions, namely:(i) a condition excluding the use of the vehicle-(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organised racing and speed testing, or(c) for a purpose not allowed .....Tag this Judgment!
Court : Chennai
Decided on : Jun-15-1998
Reported in : 102CompCas166(Mad); (1998)IIMLJ774
..... agreement would not be considered to be valid consent as contemplated under section 133 of the act.17. chapter viii of the indian contract act deals with the indemnity and guarantee consisting of sections 124 to 147. among these sections, section 128 deals with the surety's liability. sections 132 ..... creditor extinguishes the debt to the principal debtor it does not absolve the sureties from their liability under surety bond, where the surety had expressly contracted to remain liable notwithstanding the discharge of the principal, and therefore, the discharge of the principal cannot be said to be implied discharge of ..... and/or in any manner affecting the guarantor(s) liability under the guarantee. (10) that notwithstanding anything contained in section 133 of the contract act or in any other provision of law the guarantor(s) will not claim to be discharged to any extent because of the bank varying ..... clauses cannot have any statutory force, as these being the provisions contained in the agreement cannot override the statutory provisions of section 133 of the contract act. therefore, the second defendant, the first respondent herein is not liable to pay any amount except rs. 8,000 and not the suit ..... variation in the terms of a guarantee, the responsibility of the guarantor would be discharged. in the instant case, there is a variation of contract between exhibit a-4 agreement and exhibit a-7 statement of account. of course, the clauses of exhibit a-4 agreement provide that notwithstanding .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-19-1998
Reported in : AIR1998All156
..... has taken, he will return the amount at his pleasure or when he receives his other payments against the contracts of his construction business with other government agencies. for the bank, the petitioner is a risky customer. there is no contract of guarantee nor indemnity between the bank and the petitioner's other business associates.6. this court has often expressed in its ..... overshooting a cash credit limit and running an overdraft and then rushing in a writ petition in the high court's prerogative writ jurisdiction is itself inequity which offends the contract between the petitioner and the bank and violates the sanctity of credit worthiness of the petitioner with the bank. being permitted to take an overdraft is anact of faith on ..... payments from these government departments are outstanding. what the petitioner was telling the bank was that as soon as he receives the payment from the other government departments against the contracts which had been assigned to him, he would discharge the overdraft against his account. finding that the petitioner was avoiding the discharging of overdrafts, the outstandings were swelling with interest .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-1998
Reported in : 1998(3)ALLMR713; 1998(5)BomCR344; (1998)2BOMLR179
..... act, 1956, as ongc limited. the 1st defendant is a foreign underwrite concern organized under the laws of united kingdom and have undertaken the risk of protection and indemnity (p & i) in respect of the 3rd defendant-vessel which is motor-vessel registered in india and owned by the plaintiffs. the 2nd defendants are the agents ..... in this suit as well.(xii) on 25-4-1996 abhay ocean filed suit being suit no. 61 of 1996 in this court challenging the termination of the contract by allied marine. in the said suit said vessel is defendant no. 1. osprey defendant no. 2 and allied marine defendant no. 3. as stated earlier ..... ) it is noticed (refer para 8 of the plaint in suit no. 61 of 1996) that allied marine as local agents of osprey entered in wreck removal contract on the very day when deed of release was executed i.e. on 28-9-1995 with abhay ocean for the removal of said vessel. according to abhay ..... the said deed of release which is sought to be enforced by the ongc in this suit;(vi) on 20-9-1995 ongc allied marine entered into a contract of wreck removal of the said vessel with abhay ocean. it is pertinent to note that even before that, material available shows that on 31-7-1995 ..... 1996 addressed to them by allied marine, contents of which read as under:'in the light of the cancellation of our contract for wreck removal with abhay ocean projects ltd. we are delighted to award the contract to you under the same terms and conditions.(a) you will remove the wreck for the title to the hull .....Tag this Judgment!
Court : Kerala
Decided on : Aug-28-1998
Reported in : AIR1999Ker72
..... after 30-hscl shall have the fullest liberty without affecting in any way the liability of the bank under this guarantee or indemnity from time to time to vary any of the terms and conditions of the said contract or to extent time of performance by the said contractor or to postpone for any time and from time to time any ..... the bank guarantee alone need be considered for its enforceability. in other words, the obligations arising under the bank guarantee are independent of the obligations arising out of a specific contract between the parties. therefore the court should not lightly interfere with the operation of bank guarantee or irrevocable documentary credit. in order to restrain the operation of an irrevocable ..... fraudulent action the payment could be refused.(11) a demand by the beneficiary under the bank guarantee may become fraudulent because of subsequent events taking place after executing the underlying contract.25. learned counsel for the appellant has forcefully contended that if there was no contractual liability undertaken by the principal debtor there could not be any question of enforcing ..... beneficiary and who are the persons involved in fraud? one person alone cannot create fraud. the dispute between the parties on the interpretation of certain provisions contained in the underlying contract does not amount to fraud. normally fraud consisted of large number of delinquencies and none is alleged against the hscl. on the basis of suspicion and conjecture, finding of .....Tag this Judgment!
Court : Allahabad
Decided on : May-20-1998
Reported in : 1998(3)AWC2015
..... purchaser that he had conveyed a perfect title to the purchaser.17. therefore, in my view, there is no infirmity in approving the incorporation of indemnity clause as approved by the appellate court.18. thus, it appears that there is no infirmity in the order impugned. the writ petition, therefore, ..... the vendor would be entitled to indemnify such property out of the properly of the judgment debtor. on the other hand, it had simplified the indemnity clause that if the whole property is not conveyed or if there is any defect in the title as is being conveyed, in that event ..... be said that it is a case of going behind the decree by the executing court.16. then again, the appellate court had modified the indemnity clause by which the vendor was made liable in case he is unable to deliver possession of the whole property or part of it being ..... the decree itself. the decree is a decree for specific performance of contract which is a contract for sale. it encompasses all the conditions implied by section 55 of the transfer of property act. incorporation of such stipulation particularly indemnity clause, therefore, can never be treated to be an alteration or modification ..... 11. if before he has accepted the conveyance, the buyer discovers a material defect which has not been disclosed he may, claim damages or rescind the contract for misrepresentation. he may also resist the suit for specific performance. duty of disclosure merges in the conveyance, but if the buyer has accepted the conveyance .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-22-1998
Reported in : (1998)2CALLT215(HC)
..... as between themselves, whatever the plaintiff had done in furtherance of their illegal designs, and would have precluded him from claiming, in a court of law, any indemnity from the defendant in respect of the liabilities he had incurred: common v. bryee (1819) 3 b. & aid. 179; mckinnel v. robinson (1838) ..... . there is no definite head or principle of public policy evolved by courts or laid down by precedents which would directly apply to wagering contracts. even if it ispermissible for courts to evolve a new head of public policy under extraordinary circumstances giving rise to incontestable harm to the ..... employed by the defendant to speculate for him upon the stock-exchange, entered into contracts on behalf of the defendant with a third party upon which he (the plaintiff) became personally liable. he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held ..... supreme court held that betting is not illegal or immoral or contrary to public policy. the learned advocate has also referred to the law of contract by cheshire flfoot and furmston (11th edition) relied on by the petitioners at page 311 last paragraph in this connection.65. it has been ..... be perpetrated.b) it seems that while enacting the said provisions in the west bengal act, blindly the provisions in section 30 of the contract act, 1872, a piece of legislation during the british rule has been followed.c) if there is no sanction under the constitution of india .....Tag this Judgment!
Court : Delhi
Decided on : Oct-27-1998
Reported in : 1998VIIAD(Delhi)134; 97CompCas73(Delhi); 76(1998)DLT656; 1998(47)DRJ829
..... : air1986sc1924 in the case of centex india ltd. ( supra ) the supreme court held that the obligation of the allahabad bank under the letters of indemnity countersigned by the appellant was absolute and upon a demand being made by the shipping company i.e. the beneficiary, the bank was liable to honour the ..... a period subsequent to furnishing of the bank guarantee and there being no pleading and argument that it was of egregious nature vitiating the underlying contract, the first exception also is not attracted in the present case. besides, the aforesaid allegation of the plaintiff that fraud was committed by the ..... case is to scrutinise and find out whether any fraud has been committed which would disentitle the customer from invoking the bank guarantee. under the contract between the parties, it was the obligation of plaintiff to pack the goods in seaworthy material. the survey report of the surveyor which is ..... in the event of any default or any violation on the part of the plaintiff to observe all or any of the conditions of the contract/purchase order, the bank would on first demand without protest, demur or proof and without reference to the plaintiff and irrespective of and notwithstanding ..... the parties i.e. the appellantbuyer and respondent-sellers, as to whether the contract of sale had been performed. it was also held that the appellant took the risk of unconditional wording of the letters of indemnity executed by its bankers, the allahabad bank and there is really no equity in .....Tag this Judgment!