Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 2015 Page 5 of about 1,077 results (0.040 seconds)

Mar 04 2015 (HC)

CEAT Limited Vs. The Commissioner of Central Excise Mumbai-III

Court : Mumbai

Decided on : Mar-04-2015

..... of 20 document made by the appellant to the bank of india was a payment under reserve while that of reserve as well as against the letter of guarantee or indemnity executed by it. a payment 'under reserve' is understood in banking transactions to mean that the recipient of money may not deem it as his own but must be prepared ..... ltd. case. fourthly, a larger bench of the tribunal in the lucas tvs ltd. case held that the expression ??paid ? should be construed as ??ought to have been paid ? or ??contracted to be paid ? . since these two decisions failed to consider the decisions of the hon'ble apex court and of the hon'ble gujarat and patna high courts, they have ..... if the suit were to be brought by the bank of india, the high court would not have granted any injunction as it was bound by the terms of the contract. what could not be done directly cannot be achieved indirectly in a suit brought by the plaintiffs. 51. even if there was a serious question to be tried, the high .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jul 15 2015 (HC)

M/S Visa Agro Industries Pvt Ltd (Presently Visa R Vs. Sh. Mam Chand ...

Court : Delhi

Decided on : Jul-15-2015

..... by the revenue court and only a civil court is competent to decide the same.15. the contention of learned counsel for visa agro that the sale deeds are one contract and indivisible in character and thus part relief cannot be granted inasmuch as all the executants have not challenged the said sale deeds to be null and void also deserves ..... . in vedakannu nadar (supra) the madras high court was dealing with a trust created for charitable endowment and it was held that since there was one contract for a single consideration and each part of the contract was an inducement to every other part thus there was no warrant for dissecting the bargain into two distinct parts. thus the reason why the ..... whole settlement must be set aside. the two decisions do not lay down a universally applicable rule that in no case, the contract cannot be severed. whether a contract can be severed would depend on the terms of the contract.17. learned counsel for visa agro has strenuously argued that since both the sale deeds were registered and there being presumption under section ..... contract was not severed was that the parts of the contract were reciprocal to each other. in mahadeo jew (supra) again the court was dealing with a trust and thus it was held that the terms of settlement .....

Tag this Judgment!

Jul 15 2015 (HC)

M/S Visa Agro Industries Pvt Ltd (Presently Visa R Vs. Sh. Charan Sin ...

Court : Delhi

Decided on : Jul-15-2015

..... by the revenue court and only a civil court is competent to decide the same.15. the contention of learned counsel for visa agro that the sale deeds are one contract and indivisible in character and thus part relief cannot be granted inasmuch as all the executants have not challenged the said sale deeds to be null and void also deserves ..... . in vedakannu nadar (supra) the madras high court was dealing with a trust created for charitable endowment and it was held that since there was one contract for a single consideration and each part of the contract was an inducement to every other part thus there was no warrant for dissecting the bargain into two distinct parts. thus the reason why the ..... whole settlement must be set aside. the two decisions do not lay down a universally applicable rule that in no case, the contract cannot be severed. whether a contract can be severed would depend on the terms of the contract.17. learned counsel for visa agro has strenuously argued that since both the sale deeds were registered and there being presumption under section ..... contract was not severed was that the parts of the contract were reciprocal to each other. in mahadeo jew (supra) again the court was dealing with a trust and thus it was held that the terms of settlement .....

Tag this Judgment!

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 .....

Tag this Judgment!

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. .....

Tag this Judgment!

Aug 26 2015 (HC)

Commissioner of Income-tax (TDS), Chandigarh Vs. Ivy Health Life Scien ...

Court : Punjab and Haryana

Decided on : Aug-26-2015

..... entitled to collect the amount to be shared between the two. however, there is no such clause for regularly employed doctors. (g) the consultant doctors were required to take professional indemnity insurance on their own. (h) the consultant doctors were not employed by service rules and regulations but they were expected to follow the code of conduct and ethics of doctors ..... independent professionals. the amounts paid to them did not amount to salary. similarly, in relation to other doctors where the remuneration was variable and there was a written contract or no written contract, it was recorded that the amounts paid to them did not amount to salary. it was observed that it will depend upon facts and circumstances of each case after ..... case of doctors with fixed pay and tenure, the amount paid to them constituted salaries. in relation to the second category of doctors drawing fixed plus variable pay with written contracts, after noticing the terms and conditions, the conclusion of the tribunal was upheld that neither of the doctors was entitled to provident fund or any terminal benefits. both were free ..... are some doctors who attend the hospital on call. thus the respondent has employed these professional doctors as their employees to provide full time services to the patients as per contract for service entered with them. the respondent company deducted tax under section 194j of the act from the payments made to them treating the payments as professional fees instead of .....

Tag this Judgment!

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 .....

Tag this Judgment!

May 20 2015 (HC)

The Oriental Insurance Co.Ltd. Vs. Shobhana Omanakuttan

Court : Kerala

Decided on : May-20-2015

..... exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. (8) apportionment of liability in case of contributory negligence.-- (1) where any person suffers damage as the result partly of his own fault ..... , taking the probable income which he may have fetched if he was working in india during the relevant time.63. likelihood of termination of contract employment in gulf maca1075& 2974 of 2009 70 countries, therefore, looms large. but the background of the deceased will show that he had ..... in the responsibility for the damages: provided that -- (a) this sub-section shall not operate to defeat any defence arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of maca1075& 2974 of 2009 48 damages recoverable ..... machindranath maca1075& 2974 of 2009 36 kernath ksar's case (supra) are the following: i) the insurance company will be liable under the contract of insurance to indemnify the owner; ii) the driver of the offending vehicle will be primarily liable and the owner will be vicariously liable; ..... apex court challenging the above direction. in paragraph 10, the apex court has made certain general observations. on the general principles available under the contract of insurance, it was held in that paragraph that "once the driver is liable, the owner of the vehicle becomes vicariously liable for payment .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //