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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Page 1 of about 2,310 results (0.024 seconds)

Feb 17 1938 (PC)

Tilak Ram and ors. Vs. Surat Singh and ors.

Court : Allahabad

Reported in : AIR1938All297

..... vendee to pay off a mortgage debt, as i consider the present sale deed implies, is or is there not an implied contract of indemnity, and if there is a contract of indemnity does the case therefore come for the purpose of limitation under article 83, limitation act, when the plaintiff is actually damnified by ..... 1909) 31 all. 583 at page 589;if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a contract of indemnity.18. in the present case as stated above, the vendee had covenanted with the vendor to pay the encumbrance on the property to the extent ..... i am of the opinion that under article 83 the plaintiffs, have three years from the time when they were damnified, and as such a contract of indemnity was contained in a sale deed in writing registered, the time is extended to six years.16. i have no doubt that several causes of ..... of the money that was left with him. the present contract therefore is one of indemnity and the appellants are liable to indemnify the vendor against the loss sustained by the vendor by their default. the cause of action ..... the appellants that there was no express clause of indemnity in the contract, so the contract could not be regarded as one of indemnity. in order to make a contract of indemnity, it is not necessary that there should always be an express clause of indemnity. a contract of indemnity may be express or implied. as observed by their .....

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May 21 1971 (HC)

Hindustan Sugar Mills Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1972All8

..... the duty would be payable in accordance with that provision and not in accordance with article 15.23. section 124 of the indian contract act defines a 'contract of indemnity' as follows:--'a contract by which one party 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.'24. in the instant case there can be no doubt that by making the recitals in the last part of paragraph 3, and the 4th ..... loss that may be occasioned to it by his conduct in not paying the sales tax when demanded. this is clearly a contract of indemnity and the bond executed will become an indemnity bond liable to duty under article 34 of the schedule, it will therefore fall outside the ambit of article 15 of the ..... government from loss that may be caused to it by sri adukiya in performing his obligations. this agreement clearly amounts to a contract of indemnity as defined in section 124 of the contract act.12. in the last two paragraphs of the deed, it has been mentioned that without prejudice to any other rights or ..... already been referred by it. the additional questions are as follows:--(3) whether the document executed by sri gangadhar adukiya is in the nature of an indemnity bond falling under article 34 schedule i-b ibid, chargeable with a duty of rs. 18/- and the document executed by sarvasri kunj behari lal and .....

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Mar 19 2002 (HC)

Buckeye Batteries (P.) Ltd. (In Liq.) on Behalf of Sri Khalid Mukhtar ...

Court : Allahabad

Reported in : 2002(2)AWC1458; (2002)2UPLBEC1379

..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor, is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be liable ..... 10, this principle has been illustrated. in para 10.25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety ..... before this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not yet ..... any more than the debtor. sri manish goyal has also relied upon, 'chitty of contracts' 27th edition .....

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Mar 19 2002 (HC)

Khalid Mukhtar Vs. Buckeye Batteries Private Ltd. (In Liquidation) and ...

Court : Allahabad

Reported in : [2003]114CompCas70(All)

..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be ..... 10, this principle has been illustrated. in para. 10-25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety before ..... this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not ..... liable any more than the debtor. sri manish goyal has also relied upon chitty on contracts, 27th edition, .....

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Feb 02 1951 (HC)

Dharni Dhar and ors. Vs. Chandra Shekhar and ors.

Court : Allahabad

Reported in : AIR1951All774

..... modified form. the decision can be supported on the general ground that there was no equity in 'favour of the plaintiff nor was there any contract of indemnity between him and his co-defendant in the original suit. with great respect, it may be pointed out that the view expressed by the bench ..... there is no implied contract, does equity require that a a party who has alone suffered a burden that was cast ..... between this case and that of a joint judgment against several defendants in an action of assumpsit: and that this decision would not affect cases of indemnity, where one man employed another to do acts, not unlawful in themselves, for the purpose of asserting a right.' the editor of the revised reports ..... agreed to be committed, and cannot be separated from it, and, when the whole contract becomes unlawful the terms relating to contribution falls along with it and cannot be enforced.42. where there is no express contract for indemnity or contribution as between joint tort-feasors, does the law imply one? or, if ..... in that case that it lay upon the plaintiff (i. e. person seeking contribution) to show that there was either some contract between him and the .....

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Apr 16 1926 (PC)

Kedar Nath Vs. Har Govind

Court : Allahabad

Reported in : AIR1926All605; 95Ind.Cas.913

..... , either of these contingencies read distributively was sufficient to give him a cause of action. if the two contingencies be read together there would still be an implied contract of indemnity to pay the plaintiff the damage which he may suffer in consequence of the delay and the suit would be within time. in kaliyammal v. kolandavela goundar air 1918 ..... , apart from a suit by the mortgagee, taking effect. it is true that in a madras case, kaliyammal v. kolandavela goundan air 1918 mad 1135 a similar contract was held to be one of indemnity governed by article 83 on the strength of the privy council decision in izzat-un-nissa v. partab singh (1909) 31 all 583. but the privy council ..... ,000 and litigation ensued, the defendant would be liable for costs of the litigation and for interest on the said sum.14. this, however, was a particular clause constituting a contract of indemnity in a certain event. as the mortgagee never sued the plaintiff, nor was the plaintiff involved in a suit in consequence of the non-payment, this ..... singh v. mohendra prasad (1912) 16 cwn 1040 and kumar nath bhuttacharjee v. nobo kumar bhuttajee (1899) 26 cal 241 a contract of indemnity may be express or implied. hare there was an express agreement for the payment of the indemnity in case the vendee failed to pay the money left with him, and the plaintiff was landed in a suit in consequence .....

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Mar 06 1979 (HC)

Union of India (Uoi) Vs. Deoria Sugar Mills Ltd.

Court : Allahabad

Reported in : AIR1979All200

..... there can be no liability under the contracts of indemnity; on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no ..... his classic on marine insurance (british shipping laws vol. 10, page 1193) has stated the position thus:'...... it is entirely foreign to thespirit of contracts of indemnity that a person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, ..... the railway company continues to be primarily liable for the damages sustained by the plaintiff and it not being a party to the contract of indemnity, cannot be absolved of its liability to pay the damages to consignor merely because the consignor had already recovered the money from the insurance company ..... he has nothing to do. the third party remains liable to the person indemnified just as if there had been no contract of indemnity. but the person indemnified can only take the sum recovered from the third party as trustee for the indemnifier, and similarly ..... high court in para 23 of the judgment observed thus:--'contracts of insurance are considered really as contracts of indemnity and the principle of subrogation is applied to it, being an equitable arrangement incidental to all contracts of indemnity and to payment on account of the indemnity. subrogation is an equity rule and theequity of subrogation arises .....

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Mar 12 1965 (HC)

Loon Karan Sohan Lal Vs. Firm John and Co. and ors.

Court : Allahabad

Reported in : AIR1967All308

..... by him in the exercise of his authority as an agent, in the latter, he is entitled to be indemnified only if there is a contract of indemnity to this effect. if the plaintiff had been employed to purchase and sell cotton yarn on behalf of the government of assam, or asked by ..... of the agreement made by him with the assam government may he hard and the plaintiff may have made a bad bargain, but he cannot claim indemnity from the government for any breach of agreement by john and co.13. moreover, even the direction to pay the price of bales within ten days ..... by sri kirty that there was collusion between the plaintiffs and the defendant first set in order to make sethiya and company responsible for the breach of contract occasioned by the wrongful act of the defendants first set.24. for the purpose of determining the liability of sethiya and company, if any, it ..... . at any rate, the court cannot presume from the entry relating to the commission that 152 bales in dispute were unconditionally appropriated by sethiya to the contract or the property in them passed to the plaintiff. the plaintiffs' claim under conversion fails.4. i shall now consider the plaintiff-appellants' case against the ..... them to distribute yarn, belonging to the government, he would have been their agent under section 182 of the contract act and entitled to be indemnified for .....

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Oct 12 1933 (PC)

Sheikh MoIn UddIn Vs. Maqbul Alam and ors.

Court : Allahabad

Reported in : AIR1934All461

..... opinion, however, it is not necessary to go further into this question as we prefer to base our decision upon another ground. there is no doubt that the contract of sale and the contract of indemnity were closely connected and, in our opinion, they can be considered to be party of one transaction. this was the view taken by the trial court and ..... to take the benefit of any covenant forming a part of the contract of sale. we hold, therefore, that the pre-emptor is entitled to sue upon the indemnity bond. we accordingly allow the appeal, set aside the decree of the court below and restore the decree of the trial court ..... they were executed was also the same. we have no doubt that substantially these two documents do form part of one transaction and that the execution of the indemnity bond by mt. fatma bibi was an important factor in the contract of sale. as found by the court below siddiq ahmad would never have purchased the property unless he had obtained the ..... indemnity bond from fatma bibi. on the view that these two documents evidence part of one and the same transaction the position is clear. the pre-emptor is certainly entitled .....

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Dec 19 1933 (PC)

Mt. Naima Khatun Vs. Basant Singh

Court : Allahabad

Reported in : AIR1934All406

..... interest whatever it may be, whether the price be settled by private bargain or determined by public competition together with an indemnity against the encumbrances affecting the land. the contract of indemnity may be express or implied. if the purchaser covenants with the vendor to pay the encumbrances it is still nothing ..... 3) it may be a mere promise to perform an act for consideration or a contract of indemnity in which case a suit for damages incurred on the breach of the contract would lie under section 125 of the contract act; but it must be proved that loss has been sustained. where the money ..... suit compelling the defendant to make the payment would lie. the plaintiff's remedy is not restricted to a claim for damages for breach of contract only after she has been actually damnified by the defendant's failure.50. mr. mukerji, counsel for the plaintiff has however consented that the ..... be invalid the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete he cannot pick up ..... more than a contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out to .....

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