Court : Andhra Pradesh
Decided on : Dec-14-2004
Reported in : 2005(4)ALD86; 2005(4)ALT524
..... risk of third parties who are involved in the accident due to the act of the employee of the plaintiff. the contract amounts to a contract of insurance, which is deemed to be a contract of indemnity. the policy was subject to terms and conditions as noted in the policy. in case of any damage occurred to ..... event which may be the subject of indemnity under this section.(5) in the event of the death of any person entitled to indemnify under this policy the company will in respect of the ..... company may its own option (a) arrange for representation at any inquest or fatal injury in respect of any death which may be the subject of indemnity under this section and undertake the service of proceedings in any court of law in respect of any act or alleged offence causing or relating to any ..... 1939.(2) the company will pay all costs and expenses incurred with its written consent(3) in terms of and subject to the limitation of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor vehicles on the insured's order or ..... section 1 of the policy, the liability of the insurance company refers ex.b11 with regard to the loss or damage for which the company would stand as indemnity. the four relevant clauses of section 1 of ex.b11 commercial vehicle comprehensive policy (india), reads as follows:section-1: loss or damage :--(1) the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-2004
Reported in : AIR2005Bom249
..... in respect of each item making up the total claim(f) there cannot be a term in a contract of indemnity which would have the effect of destroying the very contract embodying that term.(g) interpretation put by the defendants on excess clauses, assuming but not admitting that it applies to ..... years from the date of such discovery. the respondent also denied that 'excess clause' was unjust, improper and against the letter and spirit of indemnity granted under the policy. there is no case made out or any averment made that the earlier policy of the year 1973-74 was also with ..... be restricted to difference between excess clause amount actual amount exceeding that clause, is not only unjust, improper and against the letter or spirit of indemnity granted under the policy.(e) if at all excess clause is applicable, it should read along with one total claim under the policy and not ..... the parties based on the terms and conditions of the banker's policy in question, including the principle of indemnity, will govern by the general provisions of the contract act and banker's policy and its clauses referred above, are clear that upto 1973-74 there was the retroactivity period ..... policy under which suit claim is filed, is contrary to the provisions of contract act as well as insurance act, it is .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-28-2004
Reported in : 2006ACJ897; 2004(4)MhLj569
..... india and claim cannot be put forward under section 110a of the m. v. act. the insurer's liability is based on the contract of indemnity entered into between the insurer and the owner of the vehicle. the contract of indemnity is always subject to the provisions of the m. v. act. points for determination :1. whether the impugned award is illegal, bad and ..... liable only because the vehicle was insured with it. the question is not of passing award against the insurer only or against the owner of the vehicle. it is a contract between the owner of the vehicle as well as, of the insurer. the applicants or sufferers have nothing to do with the ..... contract between the insurance company, as well as, the owner. the liability prima facie based on the accident, whether with negligence or without negligence and/or mechanical failure of the vehicle. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-11-2004
Reported in : 2004(3)AWC2720(SC); IV(2004)BC141; (2007)3CompLJ533(SC); 2004(6)SCALE560; (2004)6SCC758; 2004(2)LC1369(SC); (2004)3UPLBEC2366
..... other encumbrance; or(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section, in respect of a contract of indemnity or guarantee entered into a relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) where the property .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-23-2004
Reported in : III(2004)ACC317,II(2005)ACC514,2005ACJ600
..... '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 statutory entitlement, an employee or his legal representatives are entitled to exercise option under section 110-aa to .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Aug-11-2004
Reported in : 2005(2)JKJ260
..... where the owner of the vehicle allows a person not holding a valid driving license to drive the vehicle, he commits a breach of contract which disentitles him to indemnity and compensation from the insurance company. on behalf of respondent, it was submitted that even in the case of a. fake license, the ..... respect of motor accident when the vehicle is driven by a person holding such license. that is a breach of term of contract of insurance which disentitles the owner to any kind of indemnity or compensation. this is, however, not the end of the matter. in skandia insurance co. ltd. v. kokilaben chandravandan, ..... award against the insured in respect of third party claims, it is not understandable as to why a different yardstick should be adopted in respect of indemnity of own damage claims. no doubt the liability of the insurer and the rights of the insured would be subject to similar conditions. in other ..... by the surveyors. it, however, took the stand that as the driver did not hold a valid license, the respondent was not entitled to any indemnity or compensation. in support of its case, it produced a certificate from the hyderabad licensing authority stating that no license 'no. g/1108/hyd/80 ..... the respondent's case that a fake license is always fake and renewal can not transform it into a valid license. the commission observed that the contract of insurance inter-alia envisages that the vehicle shall be allowed to be run by a driver having valid license. it, however, took the view .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-02-2004
Reported in : 2005(1)ALD459
..... (iii) in such other manner as may be prescribed, order that person to pay the same together with such other amounts as may be due by him under the contract, agreement, lease, indemnity bond, damages or otherwise within such time not less than thirty days as may be specified in the notice.(2) where any person is in unauthorized occupation of any ..... heard, recover the amount due by him on account of arrears of rent together with such other amounts as may be due by him under the contract, agreement, lease, indemnity bond, damages or otherwise, by attachment, lease, indemnity bond, damages or otherwise, by attachment and sale of movable property of such person in the manner prescribed. without prejudice to the aforesaid mode of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-2004
Reported in : AIR2005SC411; 2005(1)AWC228(SC); 2005(2)ESC161; (2005)ILLJ544SC; 2004(9)SCALE623; (2005)1SCC149; 2005(2)SLJ80(SC); (2005)1UPLBEC503
..... or any person for the purpose of carrying out the objects of the corporation or furthering its interests and to obtain from such government of authority or person subsiding, loans, indemnities, grants, contract licences rights, concessions, privileges or immunities which the corporation may think it derisiable to obtain and exercise and comply with any such arrangements, rights privileges and concessions.x) to .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-2004
Reported in : 2005(2)ALLMR299; 2005(5)BomCR832
..... the rent and indemnity, as may be the case, up to the time of contesting the suit which is pending'. sub-section (4) of section 22 of the act provides that in any proceeding ..... vis-a-vis the ground of non-payment of rent under section 22(4) of the act 'article 47 of the decree stated that the right to rescission of the contract on the grounds of non-payment of rents expires as soon as delay is put to an end the moment the lessee makes a payment of deposits the rents or ..... on the date of the said deed of lease. the defendants stated that article 49(b) of the decree no. 43.525 dated 7-3-1961 was subject to the contract to the contrary and that the said deed of lease dated 24-9-1976 constituted a consent in writing within the meaning of the said article 49(b) of the ..... floor and many other things which were not approved and consented by the plaintiff. the case of the plaintiff was that the behaviour of the defendants amounted to breach of contract, as the defendant carried out in the building, without permission in writing from the plaintiff, works which altered its external structure and did internal work of its division which were .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-2004
Reported in : AIR2005Delhi53; I(2005)BC87; 2004(76)DRJ577
..... foreign trade transaction, a bank in the seller's country is usually introduced into the credit contract, an intermediary bank, which usually accepts the instructions of the issuing bank, looking to the latter for indemnity in respect of its so acting. it may be called upon merely to advise the credit ..... bank which chooses to negotiate with recourse may prejudice the rights it would normally have against the issuing bank and may be unable to claim indemnity if its recourse fails. furthermore, i cannot hold as mr. bhushan would have me do, that by reclaiming us$ 82,709.79 the ..... (s) or advises such banks that it has paid, incurred a deferred payment undertaking, accepted draft(s) or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the issuing bank and/or confirming bank, if any, shall not be thereby relieved from any of their obligations ..... 52 american citizens as hostages. the us government had blocked all iranian assets under the jurisdiction of united states and had cancelled the export contract. the court upheld the contention of the exporter that any claim for damages against the purchaser if decreed by the american courts would not ..... affirmed by the court of appeals. that decision establishes the well known principle that the letter of credit is independent of and unqualified by the contract of sale or underlying transaction. the autonomy of an irrevocable letter of credit is entitled to protection. as a rule courts refrain from interfering .....Tag this Judgment!