Court : Guwahati
..... .e.,) employer) in the w.c. act? is it possible to fasten an insurer with such a liability of the 'employer', which the 'insurer' may not be liable to indemnify under the contract of insurance or even by the provisions of the w.c. act? is it possible that though the insured ..... possible. it is also clear that the commissioner under the w.c. act may impose such liabilities on the 'employer', which the 'insurer' is not liable to indemnify and/or take care of, unless the terms of contract so permits. it cannot, therefore, be held that invariably and always, the rights and interest ..... clause, the requirement of deposit of the awarded amount is not there. mad the intention of the legislature been to cover the 'insurer' with liability to indemnify the 'employer', then clause (d) would have, at least, been included in the third proviso to section 30.35. thus, it is ..... indemnify the 'employer' even though the motor vehicle is covered by a policy of insurance. it always depends upon the terms, conditions and the limitations contained in the contract of policy and not beyond that. that is the reason why the supreme court, while determining the liability of penalty under workmen's ..... liability imposed on the 'employer' and the 'insurer' under the w.c. act is merely an indemnifier. in other words, when the 'insurer' need not indemnify always the 'employer', the question of the 'insurer' invariably stepping into the shoes of the 'employer', when the 'insurer' prefers an appeal, does not arise at all.39 .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR575(Delhi); 2008(106)DRJ207
..... the 'project', and would also meet any undisclosed liability like the enhancement of compensation towards acquisition of land etc. and the sugarfed and sugar mill shall be indemnified and kept indemnified by psidc....14. that the sugar mill shall transfer all their licenses of whatsoever nature in favour of psidc including contracts pertaining to machinery supply and erection thereof by way ..... that the psidc shall be entitled to continue the erection construction of work through the contracts already executed by accepting the liabilities thereon. however, in the event of contractor(s) not agreeing in work or the psidc not willing to get work executed through them the contractor(s) shall be entitled to remove unpaid materials, operational materials, tools and tackles belongs to ..... part. whereas the sugarfed had obtained letters of intent to setting up three sugar mills at amloh, patran and dasuya in the cooperative sector and an amount of rs. 39 crores was obtained from the state government as share capital for setting of three sugar mills.... whereas finding that the financial institutions are not likely to finance these projects, ..... to contend that there was no arbitration clause between it and respondent no. 1. it is also pertinent to mention that the single judge had rejected the appellant's submission on the ground that appellant had never raised this issue before the arbitrator and further had not only willingly participated in the arbitration proceedings and contested the claim .....Tag this Judgment!
Court : Kerala
..... cases in which there is only permanent partial disability also, appellant will be liable. we are unable to accept this contention because the terms of contract can be construed or interpreted as a statute. since appellant's liability is only in respect of permanent total disablement, in the absence of establishing that there is permanent total r.p.nos.521 of 2013 & 618 ..... under which the parties agreed that the insurer is liable to pay compensation or indemnify in respect of any injury, appellant cannot be imposed with liability to pay compensation under the terms of contract ext.d1.26. though learned counsel for 1st respondent argued that it has to be inferred from the terms in ext ..... 2013, who is hereinafter referred to as the insurer. in the judgment under review, the division bench categorically found as follows: "25. the terms of the contract do not cover a liability to pay compensation or indemnify the employer in case of permanent partial disablement or any other injury sustained by the mahout. in the absence of any specific provision in the agreement ..... .618 of 2013 is filed by the 1st respondent/1st opposite party, viz., the employer before the commissioner for workmen's compensation.3. the commissioner by the order which was impugned by the insurer in the appeal found that an amount of `39,137/- is to be paid as compensation with 12% interest per annum.4. it is a case where the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1925Cal609
..... passing the property from one to the other there was also a contract of agency between the parties.39. this being the nature of the contract, the question which arises is whether the parties intended that shipment at new york should be a condition precedent to the defendants' liability under the contract to indemnify the plaintiffs, or whether it was a stipulation, the breach of which ..... sounded in damages and did not entitle the defendants to refuse to accept the documents or the goods.36. it was not disputed that if the contract were treated as a contract between the plaintiff's as vendors and the defendants as vendees, the breach of the provision to ship at new york would entitle the defendants to reject the goods.37. it ..... . we agree to accept and pay your draft on or before maturity interest as usual. buying commission 2.''ship to 58/1, canning street, calcutta, invoice to messrs. s. rohomotollah & co.'draw on messrs. s. rohomotollah & co.'through any bank.'shipment soonest.' insurance at 10 per cent over invoice amount w.p.a., with risk of pilferage and breakage, war risk extra ..... was argued on behalf of the defendants that the contract in this case was one between vendor and purchaser and reliance was placed upon the opinion of blackburn .....Tag this Judgment!
Court : US Supreme Court
..... to the same extent only as if such employee was in fact an employee of the railroad company, and the latter was indemnified by the plaintiff for all liability in excess thereof. the railroad company carried free on its line such employees of the plaintiff and its general officers when on ..... , might equally well have been large enough to practically stop altogether the particular species of commerce. what was that commerce? the plaintiff, by its contract, furnished sleeping cars to the railroad company, to be used by the latter "for the transportation of passengers," sufficient in number to meet the requirements ..... such unfulfilled covenants and conditions of this agreement within a reasonable time after such notice, the other party shall be at liberty to declare this contract ended, and no longer in force." the agreed statement further set forth that the plaintiff had never had any branch office or establishment of ..... as drawing room cars and sleeping cars, and in hiring those cars to various railroad companies in tennessee and other states under the following form of contract: "this indenture, made this 19th day of june, a.d. 1872, between the louisville and nashville railroad company, the party of the first ..... for the cars and materials for the lights, shall wash and cleanse said cars, and shall also keep said cars in good page 117 u. s. 39 order and repair, including renewals of worn-out parts, and all things appertaining to said cars, necessary to keep them in first-class condition, .....Tag this Judgment!
Court : Kerala
Reported in : 107CompCas306(Ker)
..... be undertaken either before or after the signing of the contract and it springs to operation when there is default in performance of the obligations. but the former is an unqualified undertaking for shouldering the liability to pay another's debt. liability of a surety is always there, and it is neither ..... obligations of a third person, the degree of involvement of a surety is far greater as he is directly responsible and indebted for the liability itself. the petitioner as surety has subscribed his signature on the very same instrument, for the selfsame consideration. the creditor is not expected ..... destroy the debt but operates only as a covenant not to sue the debtor, who however, remains liable to indemnify the surety (pollock and mulla, page 742-10th edition). therefore, the liability of the surety is unextinguishable and, therefore, unenviable, and consequently he cannot have any grouse when the creditor ..... of the creditor's rights against the surety (kanhai v. sukannan, ilr 14 rangoon 594. section 135 of the act also refers to a discharge when there is a composition. sections 136, 137 and 138 also speak about the continued liability of a surety. 9. section 39 of the negotiable ..... instruments act also refers to the disabilities of a surety. when a holder of an accepted bill of exchange enters into a contract with the acceptor, under section 134 or 135 of the indian contract act, it would discharge .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2003ACJ94; 2001(3)MPLJ554
..... statutory measure to provide a speedy relief to the claimant in the matter of recovery of the amount of award. in doing so, the insurer does not in any way indemnify the owner's liability inasmuch as that the amount so paid by the insurer is recoverable by it from the insured. the insurer does not stand exonerated of its ..... supreme court in its decision in the case of oriental insurance co. ltd. v. sunita rathi 1998 acj 121 (sc), the liability of the insurer arises only when the liability of the insured has been upheld for the purpose of indemnifying the insured under the contract of insurance.39. further, if the liability of the insured is proved to be irrespective of the limit of the ..... insured. the apex court came to the conclusion that the claimants were entitled to an amount of rs. 1,52,500 towards compensation but since the respondent, insurance company's statutory liability was confined to only rs. 1,50,000 the award was confined to the amount of rs. 1,50,000 which award was to include compensation already allowed on all ..... high court had however, reduced the amount to rs. 96,500. hon'ble supreme court had observed that for the accidental injuries caused in that case, the insurance company's statutory liability under the 1939 act was limited to rs. 1,50,000 and since the insured was not a party-respondent before the apex court, the only question which survived for .....Tag this Judgment!
Court : US Supreme Court
..... 2.11. subject always to the direction of the charterer, the master shall prosecute his voyages with the utmost dispatch. . . ." "the charterer shall indemnify and hold harmless the owner, the master and the vessel from all consequences and liabilities whatsoever arising from compliance with any orders or directions of the charterer or its agents, given pursuant to this article or any other ..... accrual of interest vary as well. compare 41 stat. 526, 46 u.s.c. 745, with 28 u.s.c. (supp. iii) 2516; see de la rama s.s. co. v. united states, 344 u. s. 386 , 344 u. s. 390 . [ footnote 8 ] it is not to be assumed that all claims sounding in contract can form the basis of a suit under the public vessels act ..... of action arose after the 6th day of april, 1920." [ footnote 6 ] section 9 of the shipping act of 1916, 39 stat. 728, 730, as amended, 40 stat. 900, 41 stat. 994, 49 stat. 1987, 2016, 52 stat. 964, 46 u.s.c. 808, provides in part: "every vessel purchased, chartered, or leased from the [united states maritime c]ommission shall, unless ..... . . . owned and operated by the government of the united states," 250 u.s. at 250 u. s. 248 . we have said that the suits in admiralty act "was passed to avoid the embarrassment to which the government found itself subjected by the act of september 7, 1916, c. 451, 39 stat. 728, by the ninth section of which vessels in which the united .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1949Bom215; (1949)51BOMLR256
..... defendant promised to pay the plaintiff her salary in my opinion it was not the bare promise of the plaintiff's father that the plaintiff will serve the defendant in terms of the contract, and his liability to pay damages for breach of that undertaking which formed the consideration, but the real consideration, or at least ..... case of roberts v. gray.  1 k.b. 520 in that case cozens-hardy, master of the rolls, says that the doctrine of an infant's contract for necessaries being binding was applied not merely to bread and cheese and clothes, but to education and instruction. in that case of roberts v. gray, john ..... on the contract.a person who is not a party to a contract is not entitled to maintain an action upon that contract. this rule is subject to well-recognised exceptions, e ..... . g., a person who is not a party to a contract can ..... somebody else he is liable to pay the person who did the work.39. in national petroleum company limited v. popatlal (1986) 38 bom. l.r. 610 it was held that where a and b enter into a contract under which a agrees to indemnify b against all his debts, a creditor of b cannot sue a .....Tag this Judgment!
Court : Rajasthan
Reported in : (2004)186CTR(Raj)59; 269ITR461(Raj)
..... deed for securing an issue of debentures, or in any contract with the holders of debentures secured by a trust deed, shall be void insofar as it would have the effect of exempting a trustee thereof from, or indemnifying him against liability for breach of trust, where he fails to show ..... the company to reissue debentures only affects the security under which the debentures are issued. if the company's rights to reissue the debentures on the same terms after the present liability to repay is discharged, is not reserved, on repayment or repurchase of debentures as such stood extinguished. ..... of issue of debenture also stands discharged.32. as we shall see presently that unless the terms of contract otherwise provide, repayment or repurchase of debentures does not extinguish the company's right to reissue the same debentures and the debentures are kept alive for reissue, the mortgage charge or ..... by way of mortgage or otherwise or by appointing trustees. in the latter case, the trust stand discharged and trustee's obligation to administer trust came to an end.39. in the aforesaid context section 121 is required to be considered, which reads as under:'section 21. power to reissue ..... understood to be a document usually but not' necessarily under seal, acknowledging a debt and securing repayment thereof by mortgage or charge on the company's property or undertaking and providing that until repayment, interest will be paid thereon at a fixed rate payable usually either half-yearly on fixed dates .....Tag this Judgment!