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New India Assurance Co. Ltd. Vs. Rula and ors.

Court : Supreme Court of India

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 147(5) and 149; Insurance Act, 1938 - Sections 64VB; Indian Contract Act, 1872 - Sections 2

Reported in : II(2000)ACC751; 2000ACJ630; AIR2000SC1082; 2000(2)ALT45(SC); [2000]100CompCas711(SC); 2000(2)CTC179; (2001)2GLR1219; JT2000(3)SC37; (2000)IIMLJ167(SC); 2000(2)MPHT440; (200; [2000]2SCR148; (2000) 3 SCC 195; (2001)3 SCC1515

Reliance for this purpose has been placed by learned Counsel for the appellant on various provisions of the Contract Act, 1872 and it is contended that since the cheque through which premium was sought to be paid to the … be assumed unless premium was received in advance. These contentions cannot be accepted.4. According to Clause (d) of Section 2 of the Contract Act, consideration is spoken of thus:(d) When, at the desire of the promisor, the … Act deals with insurance of motor vehicles against third party risks. Section 146(1), inter alia, provides as under:146. Necessity for insurance against third party risk.(1)

New India Assurance Co. Ltd. Vs. Raghu

Court : Kerala

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(1), (3), (5), 149, 149(1) and 163-A; Insurance Act, 1938 - Sections 64VB and 640VB; Indian Contract Act, 1872

Reported in : I(2002)ACC217; II(2002)ACC552; 2002ACJ217

The High Court dismissed the appellant's appeals. Before the Supreme Court, placing reliance on various provisions of the Contract Act, 1872, the appellant contended that on account of bouncing of the cheque there was a failure of consideration and … provides for the insurance of motor vehicles against third party risks, S. 146 thereunder states that no person shall use or cause or allow any … as the case may be, a policy of insurance complying with the requirements of this Chapter. Thus the section clearly states that there should be in force a policy. S. 149 of the Motor Vehicles Act states

Seth Loon Karan Sethiya Vs. Ivan E. John and ors.

Court : Supreme Court of India

Subject : ContractCivil

Acts : Indian Contract Act, 1872 - Sections 202; Code of Civil Procedure (CPC) , 1908 - Sections 146 - Order 21, Rule 16

Reported in : AIR1969SC73; [1968]38CompCas760(SC); [1969]1SCR122

with interest and hence the same could not be revoked in view of Section 202 of the Indian Contract Act, 1872 (9 of 1872). The High Court answered that question in favour of the bank. It held that it … interest execute the decree, despite the objection of the appellant, either under Order XXI, Rule 16, or under Section 146 of the Code of Civil Procedure and(5) The execution application having been filed in the name of the

Govindram Gordhandas Seksaria Vs. the State of Gondal

Court : Mumbai

Subject : Civil

Reported in : (1950)52BOMLR450

which the law recognised in the mill property prevented any right arising under Section 69 of the Indian Contract Act, 1872. For some reason which is not clear to their Lordships the learned Judges appear to have considered that … the trustees from whatever liability they may have had to the Municipality by virtue of the provisions of Section 146 of the Bombay Municipal Act of 1888. Their Lordships have had placed before them on behalf of the

Surendra Kumar Rai Vs. Zilla Parishad, Jhansi and Others

Court : Allahabad

Subject : Commercial

Acts : Uttar Pradesh Kshetra Samities and Zilla Parishads Act, 1961 - Sections 119, 120(3), 121, 123, 142 to 145, 146, 148, 148(1), 152(2), 153, 153(3), 158(2) and 159; Evidence Act, 1872 - Sections 115; Indian Contract Act, 1872 - Sections 10, 14, 16 and 65; Constitution of India - Articles 299; Uttar Pradesh Zilla Prashiads (Recovery of Arrears of Tax and Rent on Land) Rules, 1975; Uttar Pradesh Town Areas Act, 1940; Northern India Ferries Act, 1878

Reported in : AIR1997All387; (1997)2UPLBEC1106

contract was void. Reliance has been place for this submission on Sections 10, 14 and 16 of the Contract Act. learned counsel has further submitted that in any case the unpaid amount of the contract money cannot be … issue the recovery certificate for realisation of such amount as arrears of land revenue.He has submitted that under Section 146 of the Act any amount of unpaid fee and toll could be recovered in the manner prescribed in

United India Insurance Co. Ltd. Vs. Santro Devi and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Workmen's Compensation Act, 1923 - Sections 4 and 30; Contract Act, 1872; Motor Vehicles Act, 1988 - Sections 94, 95, 95(5), 145, 146, 147, 147(1), 147(3), 149, 149(1), 149(2), 155 and 157; Insurance Act, 1938

Reported in : 2009ACJ570; 2009(1)AWC502(SC); 2009(2)MhLJ960(SC); 2008(16)SCALE136:2009AIRSCW6472009(1)LHSC74:2009(1)SCC(Cri)582:2009ACJ570

Even according to law the contract cannot be made in favour of dead person. So under the Indian Contract Act, 1872 the alleged contract of Insurance is not liable to pay any amount of compensation. The respondent No. 1 … the case may be. Clause (d) of Section 145 defines `policy of insurance' which include a certificate of insurance.Section 146 mandates that no person, except as a passenger, shall use or cause or allow any other person to

National Insurance Company Limited Rep. by Its Divisional Manager Vs. ...

Court : Andhra Pradesh

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 2(10), 2(34), 3, 4, 5, 140, 143A, 145, 146, 147, 147(2), 147(3), 147(5), 149, 149(2), 149(7), 163A and 166; Contract Act, 1872 - Sections 124 and 125; Insurance Act, 1938 - Sections 2(9); Motor Vehicles Act, 1939 - Sections 93 to 111; General Insurance Business (Nationalisation) Act, 1972; Indian Penal Code (IPC), 1860 - Sections 337

Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121

Act does not define word 'insurance' or '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 Act defines 'contract of indemnity' as 'a … certificate of insurance, which means a certificate issued by an authorized insurer under Section 147(3) of the Act. Section 146 of the Act prohibits any person to use motor vehicle in public place unless it is covered by

United India Insurance Co. Ltd. Vs. A. Narayana Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Insurance Act, 1938 - Sections 2(9), 64VB, 64VB(1) and 64VB(2); Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(4), 147(5), 149 and 149(1); Contract Act, 1872 - Sections 2, 25, 51, 52, 54 and 65

Reported in : 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568

provisions of Section 64-VB of the Insurance Act, 1938 and Sections 51, 52 and 54 of the Indian Contract Act, 1872, their Lordships held:11. Thus the question has now to be considered as the same is the crux of … contract without consideration. After making reference to Section 2(d), (e), (f) and (h) of the Contract Act, Sections 146, 147 and 149 of the M.V. Act, 1988 their Lordships ruled as under:10. The contract of insurance in

T. Raju Setty Vs. Bank of Baroda

Court : Karnataka

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 23, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 152 and 153; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 4, 9 and 11 - Order 41, Rule 33 - Order 43, Rule 1; Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947; Punjab Land Acquisition (Defence of India) Rules, 1943; Madras Debt Conciliation Act - Sections 10(2); Debt Conciliation Act; Limitation Act, 1963 - Article 115

Reported in : AIR1992Kant108

defendants-2 and 3?(3) Whether a decree could be passed against sureties?POINT No. 19. Chapter VIII of the Indian Contract Act, 1872 (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'contract of … Sections 142 to 144 deal with the guarantee; Section 145 deals with the implied promise to indemnify surety; Section 146 deals with co-sureties liable to contribute equally and lastly Section 147 deals with liability of co-sureties bound in

G. Manohar Vs. Indian Bank (Adb), Nagiri Branch

Court : Andhra Pradesh

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 2(1), 2(2), 13, 13(2), 13(4) and 37; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2 and 22; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; General Clauses Act - Sections 3(42); Indian Contract Act, 1872 - Sections 2 and 37; Transfer of Property Act, 1882 - Sections 58 and 59A; Code of Civil Procedure (CPC) , 1908 - Sections 146; Security Interest (Enforcement) Rules, 2002 - Rule 8(1)

Reported in : 2009(4)ALT770

is as follows:2(2). Words and expressions used and not defined in this Act but defined in the Indian Contract Act, 1872 (9 of 1872) or the Transfer of Property Act, 1882 (4 of 1882) or the Companies Act, 1956 … in case of the death of such promisor before performance, unless a contrary intention appears from the contract.21. Section 146 of the Code of Civil Procedure, 1908 provides that where any proceeding is taken or application is made