...indemnity is defined in section 124 of the indian contract act. That definition is in the following terms. "a contract by which one ...wrongfully collected money from the defendant. I fail to understand how any question of indemnity visualised by section 124 of the indian contract act can arise in such circumstances. The mere fac.... The defendant has a right in such a case always to proceed against rattayya under section 235 of the contract act. (9) That this view is correct is...

...underwriting and, therefore, by operation of Section 237 of the Contract Act, the Insurance Company was not bound by such act of the manager.11. A contract of indemnity...applicable to marine insurance, must not be an indemnity, as contemplated by the Indian Contract Act, as the loss in such a contract is covered by the contract itself and such loss is not caused t...peoples, jettisons, battery and any other perils which are either of the like kind or may be designated by the policy. Section 3 of the Act envisages that:“3. A contract of...

...contract of indemnity within, the meaning of the Indian Contract Act. Section 124 defines a contract of indemnity as being a contract...element is present, it is impossible in my view to work out the rights and liabilities of the surety under the Indian Contract Act. Section 145 provides that in every contract...learned Chief Justice. The question for consideration is whether the document of March 12, 1935, is a letter of guarantee or of indemnity. Sections 124 and 126 of the Indian Contract...

...Section 128 of the Indian Contract Act enacts the same rule. In the absence of special circumstances, like fraudulent representation or in the absence of other features from which a court...)." It will, however, be seen from the passage extracted that the contract entered into by the defendant was a contract of indemnity within Section 124 of the .... Section 128 of the Indian Contract Act provides that the liability of the surety is coextensive with that of the principal debtor unless it is otherwise provided by the ...

...“insurance policy”. In common law and as per provisions of Indian Contract Act, 1872, insurance policy is similar contract of indemnity. Section 124 of Contract ...., AIR 1959 Cal. 558. Section 125 of Contract Act, which speaks of rights of indemnity holder when sued and conditions subject to which he can enf...prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;(3) all sums which he may have paid...

...(Annexure P-6/3) attested by the Executive Magistrate was submitted by the allottee.The indemnity bond is defined in Section 124 of the Indian Contract Act, 1872....Act, an agreement is not necessarily required to be attested unless some law mandates a contract to be attested. Nothing was brought to our notice that an Indemnity Bond is required to be...under the provisions of the Contract Act. The proviso to Section 10 of the Act makes it clear that the section will not apply to contracts which are required to be made in writing or in the presence...

...suit is premature. Mr. Tendolkar relies for his arguments on ss. 124 and 125 of the Indian Contract Act, 1872. Section 124 defines the contract of ...125 of the Indian Contract Act, there would be considerable force in the contention of Mr. Tendolkar; but that is obviously not so. The Indian Contract Act is b...that ss. 124 and 125 of the Indian Contract Act are not exhaustive of the law of indemnity and that the Courts here would apply the same equitable principles that the Courts in...

...the ground that the liability which they sought to declare was not a liability of a surety as such, which has been held to be different from that of an indemnifier. Section 124 of the Indian ...one of indemnity, as defined under Section 124 of the Indian Contract Act the liability of the surety is only ancillary and rests only on a valid obligation on the part ...Section 126 of the Contract Act and the decisions in Mir Mohamed Khan v. Abdul Karim...

...the finding that the 2nd judgment-debtor, the father, had executed the security bond. It was however contended that security bond amounts to a contract of indemnity under Section 124...of the Indian Contract Act, and that it is not a bond executed in the presence of a Court or pursuant to order of Court in order to avail himself of the summary procedure under sec. 145 of the...executed out of court by the father of the judgment-debtor during the execution of a decree against the judgment-debtor can be enforced by recourse to summary proceedings under Section 145 of the Code...

...Alexandria. The scope and effect of an indemnity is dealt with under the provisions of Section 124 of the Indian Contract Act which provides as follows:‘.... An assembly contract was entered into between Indian manufacturers including the plaintiff and RUDNAP whereby RUDNAP were required to assemble the components of the wagons and to fit into the same...party to the agreement. On 4th June, 1971 back to back contract between S.T.C and the plaintiff for manufacture and supply of 434 Gas wagons, 425 EAS wagons on the same terms and conditions of the...

.... 12. A contract of indemnity as defined under Section 124 of Indian Contract Act, is a contract by which one party promises to save the other from...compel the principal debtor to pay even though he can sue the principal debtor on behalf of the promisee. A contract of guarantee under Section 126 of Indian Contract Act is a contract to perform ...himself or by the 8 conduct of any other person. Under Section 125 of the Contract Act, the promisee is entitled to...

...the definition of indemnity in Section 124 of the Indian Contract Act is somewhat narrower. It is like this Contract of Indemnity defined A ...indemnity against loss arising from any cause whatsoever, e.g. loss caused by fire or by some other accident. Indeed, every contract of insurance, other than life assurance, is a contract of indemnity. But...promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. If a person promises to save another...

...held to be different from that of an in-demnifier. Section 124 of the Indian Contract Act defines a contract of indemnity, as a contract by which one p...Section 124 of the Indian Contract Act the liability of the surety is only ancillary and rests only on a valid obligation on the part of the party whose debt or obligation is..., Section 42 (i) of the Motor Vehicles Act, 1939, no owner of a transport vehicle shall use, or permit the use, of, the vehicle in any public place, ...

...indemnity. The contract for indemnity has been defined under Section 124 of the Indian Contract Act as “a contract by which one party promises...Section 74 of the Indian Contract Act. In any event I am unable to accept the contention that for an amount even though unascertained and undetermined, subject to a maximum of Rs. 3...74 of the Indian Contract Act which reads as under:—“When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if...

...indemnity. The contract for indemnity has been defined under Section 124 of the Indian Contract Act as “a contract by which one party promises...Section 74 of the Indian Contract Act. In any even I am unable to accept the contention that for an amount even though unascertained and undetermined, subject to a maximum of Rs. 3 lakhs,...of the Indian Contract Act which reads as under:“When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the...

...Section 124 of the Indian Contract Act which refers to contract of indemnity. The Apex Court held that time in that case runs under Art. 83 of...extract the order of the Division Bench which reads as follows:“Article 55 of the Limitation Act relates to the suit for compensation for the breach of any contract express or implied...three years. To the extent the court below has held that a suit for compensation for breach of contract, it is Art. 55 of the Limitation Act that applies, the trial Court may...

..., Civil Procedure Code, is not to be understood as confined to an indemnity arising out of a contract contemplated by Section 124 of the Indian Contract Act....in favour of the first defendant on an application under Order 8-A, Rule 8 and Section 151 of the Code of Civil Procedure, directing that the question of indemnity or...the conduct of any other person and that there, was no contract of indemnity. The expression "indemnity" in Order 8-A...

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...Contract Act observed as under:“9. Section 124 of the Indian Contract Act defines a “contract of indemnity”. A contract by which one party promis...section 124 of the Contract Act and not a document of Guarantee within the meaning of...section 124 of the Contract Act, such Bank Guarantee should have three basic ingredients i.e creditor, guarantor and principal debto...