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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 2015 Page 4 of about 1,077 results (0.060 seconds)

May 08 2015 (HC)

M/S. Devika Builders Pvt. Ltd. Vs. National Cooperative Consumers and ...

Court : Delhi

Decided on : May-08-2015

..... petitioner, when in fact, the same was entirely inconsequential. further misinterpreting the clause 15 of the agreement and ignoring the specific terms of clause 15 the indemnity bond and section 73 of the indian contract act, whereby the petitioner is entitled to claim damages on the investments made by the petitioner and the benefits and profits therefrom blocked by the acts, omission ..... and acts and omissions and fundamental breaches by the respondent and need to be compensated in terms of clause 15 of the agreement read with section 73 of the indian contract act. he would state that both the parties had claimed interest at 16.5% compounded quarterly in their respective claim statements. he states, the learned arbitrator also ignored that on ..... agreement must operate within the four corners of the agreement; he cannot award any amount which is ruled out; the damages could only be claimed u/s 73 of the contract act for which burden of proof was on the petitioner to show that it had actually suffered damages or loss. she would also state, the agreement between the parties provided ..... the claim itself, the said amount was a nonrefundable deposit made to the respondent. there is no stipulation in the contract that the petitioner would be entitled to the interest on the said amount. on a specific query, no stipulation under contract was brought to my notice. the learned arbitrator in the award has concluded as under: i find that there is .....

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Sep 11 2015 (HC)

St. Soldier Limited Vs. Pushpinder Kumar

Court : Punjab and Haryana

Decided on : Sep-11-2015

..... . if such liability which is statutory in nature were to be transferred to an apartment owner, there ought to be specific contract between the coloniser and an apartment owner making possible a recovery which is in the nature of indemnity for a coloniser. i have not been shown through any particular clause which is the most crucial thing in this case. if ..... of the punjab apartment and property regulation act, 1995, the liability for payment of external development charges was only on the developer of a colony and there had been no contract any point of time to incur the expenditure by the apartment owner. the trial court dismissed the suit but in the appeal, the appellate court made reference to a statutory .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

Simplex Infrastructure Limited Vs. Siemens Limited and Another

Court : Mumbai

Decided on : Jan-05-2015

..... corrective action. the letters categorically stated that the willful neglect in performing as per the milestone schedule would compel respondent no. 1 to take mitigation measures under the contract such as performance by substitution, which expenses would be back-charged to the petitioner. this submission is further belied by the tabular chart with details regarding some ..... annexure thereto shall prevail. ? 10. the afore-stated clauses establish that all the three amendment agreements were executed without prejudice and were not in derogation to the original contract. the additional advance payments were made without prejudice to any of the rights of the respondent no.1 under the agreement and/or any attachments, annexures thereto. the ..... exceed 15% of the final contract price (as amended by any supplement), save for all third party claims, ..... 3 and 13.6. notwithstanding any provision in this contract to the contrary, contractors aggregate liability for all losses, claims or damage arising out of, under or in connection with this contract, its performance or breach (including claims for an indemnity and costs under clause 13.1) whether such liability arises in contract, tort (including negligence) or otherwise shall not .....

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Jul 22 2015 (HC)

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Decided on : Jul-22-2015

..... ('rights') and to execute all the documents necessary to carry out, facilitates and enforce the rights in the property including to execute lease agreement, licence agreements,construction contracts, supplier contracts, agreement for sale, conveyance, mortgage deeds, finance documents and all documents and agreements necessary to create and register the mortgage, conveyance, lease deeds, licence agreement, power ..... transaction, a transferee like a developer is allowed to undertake development work on the land by assuming general control over the property in part performance of the contract. the date of that transaction determines the date of transfer. the actual date of taking physical possession or the instances of possessory acts exercised is not very ..... transfer of immovable property ; the transferee should have taken possession of the property ; lastly, the transferee should be ready and willing to perform his part of the contract. that even arrangements confirming privileges of ownership without transfer of title could fall under section 2(47)(v). section 2(47) (v) was introduced in the act ..... of attorneys, affidavits, declarations, indemnities and all such other documents, letters as may be necessary to carry out, facilitate and enforce the rights and to register the same .....

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Mar 26 2015 (HC)

Canara Bank Vs. Bharat Sanchar Nigam Ltd. and Anr

Court : Delhi

Decided on : Mar-26-2015

..... the financial arrangement was not dealt with by the mla. it was independently entered into between the canara bank and resl by way of an indemnity agreement dated 27th february 1998 and the hypothecation agreement dated 4th march 1998.29. mr. chandan kumar submitted that even in the additional affidavit ..... determine the specific issue as to the compensation and consequential interest and costs which canara bank is entitled to on account of the breach of contract by bsnl. the learned arbitrator will determine the said issue question on the basis of the existing material. the learned arbitrator will call upon ..... opportunities no material was placed on record either by canara bank or resl to show that they were ready to perform their obligations under the contract but for the breach by bsnl they in fact had been in opposition to install the balance 8070 spgs. bsnl had specifically denied the ..... make the non-defaulting party liable to suit; it only indicates that the damages actually suffered are greater than the law will compensate. therefore in contract actions, the doctrine of avoidable consequences is only a statement about how damages will be measured . he also placed reliance in dwarka das v. ..... ( qlr?), the date of commencement of qlr and other charges payable by bsnl to canara bank. it is stated that the obligation under the contract for installation of the remaining 8070 spgs could not be completed on account of the breach committed by bsnl by not giving the destination details. .....

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Dec 11 2015 (HC)

Worldfa Exports Pvt. Ltd. Vs. United India Insurance Co. Ltd.

Court : Delhi

Decided on : Dec-11-2015

..... , delay and lack of transparency in sharing the documents and information by the insurance company and persons appointed by insurance company, we have been denied an actual amount of indemnity under the contract of insurance under this policy, since we claimed an amount of rs.126951063.00 and substantiated the same whereas we have been given rs.56232959.00 only. we hereby ..... , compulsion and coercion. relevant portion of para 52 is reproduced hereunder:- 52. some illustrations (not exhaustive) as to when claims are arbitrable and when they are not, when discharge of contract by accord and satisfaction are disputed, to round up the discussion on this subject are: xxx xxx xxx (iv) an insured makes a claim for loss suffered. the claim is ..... are as under: 9. claim procedure in respect of a general insurance policy (1) an insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. on receipt of such a communication, a general insurer shall respond immediately and ..... full and final settlement before release of admitted claim amounts to coercion and undue influence as defined in sections 15 and 16 of the contract act and such contracts are voidable under section 19 and 19a of the contract act. 7.2. the withholding of the admitted amount by the insurance companies unless complete discharge is given, amounts to deficiency in service within .....

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May 15 2015 (HC)

Commissioner of Income-tax-I, Chandigarh Vs. Usha Saboo

Court : Punjab and Haryana

Decided on : May-15-2015

..... of the premises and respective representations, warranties, covenants, agreements and indemnities herein contained, the parties hereto agree as follows:- ** ** ** 5.5 non-competition: for a period of five years after the closing date, neither sellers nor any firms, companies or other ..... correspondence with fipb which had raised the query, would not mean that the parties had agreed for the price payable for each of the above items. the transaction remained a contract of outright sale of the entire investment for a lump sum consideration [see commentary on model tax convention on income and on capital (oecd, 28-1-2003) as also the ..... crores. the sale price of the shares was inclusive of all dividend rights. clause 1.6 of the agreement provided that it was a fundamental condition and essence of the contract that the sale would be of the entire 440,000/- equity shares owned by the saboo group. the relevant provisions of the share purchase agreement are as under: '** ** ** "in consideration .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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Jan 05 2015 (HC)

V.Surendran Vs. State of Kerala and Another

Court : Kerala

Decided on : Jan-05-2015

..... as mentioned in ext.p3. contention raised in the counter affidavit to the effect that, there exists a contractual obligation by virtue of creation of valid indemnity under the purview of section 125 of the indian contract act, cannot be accepted, based on the legal provisions enabling the confiscation. in the result, the writ petition is to be allowed. ext.p3 impugned ..... was sold in public auction for a sum of rs.43,333/-. but when the petitioner approached the 2nd respondent seeking release of the title deed furnished along with the indemnity bond, the 2nd respondent had issued ext.p3 proceedings stating that the vehicle was released under interim custody on furnishing bond for a value of rs.90,000/- which was ..... was given in exercise of powers vested under section 53 of the act, subject to the condition of the registered owner furnishing security bond along with solvency certificate. on the indemnity executed by the petitioner along with production of the title deed of his immovable property, the vehicle was released. thereafter an order under section 61 a was issued by the ..... .r2(c): true copy of the application submitted by smt.biji mol ext.r2(d): true copy of solvency certificate dt.23.3.1999 ext.r2(e): true copy of indemnity bond dt.24.3.1999 ext.r2(f): true copy of order dt.21.4.1999 /true copy/ p ato judge mjl c.k. abdul rehim, j.--------------------------- wp(c)no .....

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