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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1934 Page 1 of about 22 results (0.018 seconds)

Jan 25 1934 (PC)

Mt. Maida Vs. Kishan Bahadur Singh and ors.

Court : Allahabad

Decided on : Jan-25-1934

Reported in : AIR1934All645

..... of the case. it is as follows:provided that, where the sale is made by a person in a fiduciary character, be shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it.22. mt. maida had ..... not think she can be deemed to have contracted with the plaintiffs that she had power to transfer otherwise than under the authority of a permission granted by the district judge. the permission is expressly recited in ..... placed upon sub-section (2) of section 55. it should however be borne in mind that the presumption arising under that sub-section is subject to a contract to the contrary. assuming that mt. maida can be considered to be the seller and that sub-section (2) of section 55 is otherwise applicable, we do ..... a presumption from the circumstances of such a case that a guardian makes himself personally liable.14. this was a case in which a muhammadan father had contracted the marriage of his minor son and agreed to pay a certain amount of dower. in a suit by the heirs of the wife for recovery ..... of warranty. it was also held that assuming; there was a representation, the only possible representation, if the case be treated as coming within section 235, contract act, was that the defendant represented that she was the agent of her son. but as the plaintiff knew that the son was an infant, he must .....

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Jan 19 1934 (PC)

Muhammad HussaIn and ors. Vs. Sanwal Das and ors.

Court : Allahabad

Decided on : Jan-19-1934

Reported in : AIR1934All397

..... before the expiry of the term. their lordships have made it perfectly clear that the mortgage deed is not forthcoming, but both she courts in india have found that a contract between the parties to the transaction is, for all material purposes, substantially set forth in the proceedings of the collector's court dated 18th september 1830 on an application for ..... the right to foreclose must be regarded as co-extensive and that the mere use of the words 'andar miad' in the mortgage-deed is not enough evidence of a contract that the mortgagor was given a right to redeem before the expiry of the stipulated period for which the mortgage was effected. at one place the learned judge mentioned thatthe ..... that it does not become due unless he exercises his option, even though the mortgagor may already have a right to redeem in accordance with the terms of the mortgage contract. if we hold that time begins to run for a suit to enforce the mortgage from the date of the first default that gives an optional cause of action, then ..... the third column of which were different from the words in the third column of article 132. his right to redeem or recover possession cannot accrue contrary to a special contract fixing a period of time within which he could not redeem. pancham v. ansar husain a.i.r. 1926 p.c. 85, was a case in which there was somewhat .....

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Oct 03 1934 (PC)

Ram Nath and anr. Vs. Chiranji Lal and anr.

Court : Allahabad

Decided on : Oct-03-1934

Reported in : AIR1935All221; 155Ind.Cas.136

..... because it occupies also the status of a joint family.50. the manager in the case of a joint ancestral trading business, has an implied authority to contract debts for its purposes, and the creditor is not bound to enquire into the purpose of the debt in order to bind the whole family. it will ..... family carries on a business or profession and maintains itself by means of it, the member who manages, it for the family has an implied authority to contract debts for its purposes, and the creditor is not bound to inquire into the purpose of the debt in order to bind the whole family thereby, because ..... tarachand v. bank of bombay (1910) 34 bom. 72, chandavarkar, j., in his judgment expressed the following opinion:the rule of hindu law that debts contracted by a managing member of a joint family are binding on the other member only when they are for a family purpose is subject to at least one important ..... to the discharge of the secured and the unsecured debt. the point raised in this branch of the case is not in terms covered by section 61, contract act, but in my judgment the principle underlying that section should be applied. learned counsel for the plaintiffs has not contended, as in my view he could ..... money has been borrowed is a family business and the loan is for the benefit of the family, the sons are liable for the repayment of the loan contracted by the father; and (2) whether the payment of rupees 3,000 should be considered, to be repayment partly of the debt incurred for the benefit .....

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Mar 07 1934 (PC)

Jawahar Lal Vs. Mathura Prasad and anr.

Court : Allahabad

Decided on : Mar-07-1934

Reported in : AIR1934All661

..... the whole amount only before the expiry of the stipulated period and not 'afterwards,' such a covenant would clearly have been void. parties cannot by contract alter the statutory period of limitation. nor can they alter the statutory starting point of limitation. when the statute lays down that in certain circumstances, ..... that a clear intention of the creditor making the choice and communicating that choice to the debtor would be enough even though there is no contract between the creditor and the debtor and no fresh consideration passes from the debtor to the creditor. i do not think it necessary to decide ..... of recovering instalments only after their successive dates.20. it seems to me that it is not necessary that there should be either a fresh contract between the parties or a fresh consideration proceeding from the debtor in order to bind the creditor by his choice. he had the option ..... into an option in the mortgagor, for if the latter finds subsequently that he can make a better bargain elsewhere he has only to break his contract by refusing to pay the interest and so eo instanti entitle himself to redeem. in their lordships' opinion this was an impossible result. their lordships ..... and to the plaintiff having 'waived' the condition of payment in a lump sum in the deed, and there was allegation that the defendants contracted subsequently that they would not make payments by instalments but would pay the entire amount within the stipulated period. the cause of action was alleged .....

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Aug 01 1934 (PC)

Jahan Singh Vs. Dr. Hardat Singh and anr.

Court : Allahabad

Decided on : Aug-01-1934

Reported in : AIR1935All247; 152Ind.Cas.487

..... . the only question for consideration was whether in that case the mortgagee decree-holder could proceed with the sale without establishing that the mortgage debt was contracted without family necessity. the point was decided against the mortgagee and it was held that before the sale takes place, the mortgagee must, in order ..... . i would therefore dismiss the appeal.rachhpal singh, j.12. i agree. i think that the proposition is well settled that where a father has contracted a debt for his own personal benefit, the creditor may obtain a money decree against the father alone, and may enforce the decree by attachment and ..... a satta transaction need not be a gambling transaction if either of the parties intends to make delivery of the goods in case of breach of contract. it can be a gambling transaction only if it is the common intention of both the parties that in no event would delivery take place and ..... inquiry beyond what appears on the face of the proceedings and that therefore the sons must show that they had notice that the debts had been contracted for immoral or illegal purposes. so far as strangers are concerned, it makes no difference whether only the sale has taken place and has been ..... means of a compulsory sale. after the sale has taken place under the authority of the court, the matter passes beyond the stage of a mere private contract or private transfer, and therefore different considerations apply. the case of sahu ram chunder v. bhup singh 1917 p.c. 1917 p.c. 61, was .....

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Feb 01 1934 (PC)

Gajadhar Prasad Ramnath and anr. Vs. Lado Ram Gajanand

Court : Allahabad

Decided on : Feb-01-1934

Reported in : AIR1934All587; 150Ind.Cas.438

..... the plaintiff is entitled to claim from the defendants the enhanced duty on silver is in the first instance one of interpretation of the written contract. if the contract were clear and had made the defendants liable to pay in addition to the contractual price the enhanced duty as well, there would be ..... to the defendants. the parties therefore dealt with each other as principal to principal. the plaintiff can only recover the difference between the actual contract price and the sale price and not necessarily any loss which he may have suffered on account of his own private transaction with a third party ..... the interval of time between the date of the contract and the date of delivery was so short that a fresh order for importing goods could not have been contemplated. the position, in our opinion, ..... the indian market itself. plenty of silver bars must have been in india before the enhanced duty came into effect. there is nothing in the contract to indicate that the defendants contemplated that the plaintiff would import these silver bars from outside in order to deliver them to the defendants. indeed, ..... goods produced in india. section 10 lays down thatin the event of any duty of customs...on any article being increased...after the making of any contract for the sale of such article...duty paid, where duty was chargeable at that, (a) if such...increase so takes effect that the...increased .....

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Mar 06 1934 (PC)

Mathura Prasad and ors. Vs. Ram Sarup

Court : Allahabad

Decided on : Mar-06-1934

Reported in : AIR1934All617

..... bound to hand over to the vendor under the terms of the deed. it has been suggested in argument that there was really in practice a notation of contract between the parties, the vendee agreeing to accept the substituted property on condition that the sale consideration was reduced by the amount which had to be paid to ..... deed as being equivalent to the plot which he desired to obtain. it does not appear therefore that he had any intention of putting an end to the contract, and in failing to fulfil his obligation under the sale deed he apparently-tried to gain two advantages. he secured an equivalent to the property which it was ..... appellant for failure to carry out the terms of the contract was that he was not put in possession of the property which had been sold to him. according to the sale deed the property sold was a plot ..... and the plaintiff-respondent had to pay a sum of rs. 657 odd in consequence of the failure of the appellant vendee to fulfil the terms of the contract contained in the sale deed. the present suit therefore was one to recover this sum as damages from the vendee-appellant.2. the reason given by the ..... bishan dial. there is, however, no evidence whatever that there was any agreement between the parties that there should be a fresh contract of this nature, but on the other hand it appears that both parties considered themselves to be bound by the terms of the original .....

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Sep 14 1934 (PC)

Thomas Bear and Sons (India) Vs. Prayag Narain

Court : Allahabad

Decided on : Sep-14-1934

Reported in : AIR1935All7

king, j.1. this appeal arises out of a suit for a permanent injunction restraining the defendant from selling chewing tobacco contained in tins or packets bearing the trade-mark of an elephant which is a colourable imitation of the plaintiff's trade-mark.2. the plaintiff is a firm styled 'thomas bear & sons (india) limited.' the plaintiff's case is that the plaintiff company, or its predecessor in business, have been carrying on the business of manufacturing and selling cigarettes and tobacco for many years and have been doing extensive business in india. all the goods sold by the company bear the design of an elephant which is the trade-mark of the company. in particular, the company has since the year 1922 been selling in india a brand of cigarettes called the 'elephant' cigarettes and a brand of tobacco known as 'virginia bird's eye' in tins and packets bearing the elephant trademark. the defendant has recently started the sale of chewing tobacco manufactured by him at cawnpore and this tobacco is sold in tins bearing a label on which the picture of an elephant and the name 'elephant' is prominently displayed and therefore resembles the plaintiff's trade-mark. the plaintiff contends that purchasers are likely to be deceived by the picture of the elephant on the defendant's tins and will suppose that the defendant's goods are manufactured or sold by the plaintiff, and that the plaintiff's business, goodwill and reputation are likely to sustain injury.3. the principal .....

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Jan 04 1934 (PC)

Duli Chand Vs. Jwala Prasad and Sons

Court : Allahabad

Decided on : Jan-04-1934

Reported in : AIR1934All568

..... the possession of the railway company as common carriers and it would be the railway company who would be the bailee and not the bank. a reference to section 172, contract act, will not help the applicant in revision. that section deals with a pledge and a pawnor and a pawnee; but these words also imply the bailment of goods as ..... did not clear the goods or take possession of them. the bank has now sued on the loan and the defendant claims that there was a bailment under section 151, contract act, and that the bank had failed to take the necessary care of the goods and that defendant was entitled to a set off for loss that occurred to defendant ..... the learned counsel for the defendant is that a bailment arose when the bank received the railway receipt. under section 148, contract act, a bailment is the delivery of goods by one person to another for some purpose upon a contract that they shall when the purpose is accomplished be returned or otherwise disposed of according to the directions of the person .....

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Feb 21 1934 (PC)

NaraIn Das Gopal Das Vs. (Firm) Khunni Lal Lachmi Narain

Court : Allahabad

Decided on : Feb-21-1934

Reported in : AIR1934All569; 150Ind.Cas.942

..... transferred from that court, but the determination of the question of jurisdiction depends on the decision of the question whether or not the allegations contained in the plaint, that the contract between the parties was entered into at bareilly and it was agreed that accounts will be rendered at bareilly, are true. the agra court has admittedly jurisdiction to try the ..... application for the transfer of suit no. 570 that the forward contracts on behalf of the opposite-party were entered in agra, and the goods were ultimately sold at agra, and that all the witnesses who would be examined in the case ..... 1933) in the court of the munsif of agra, for recovery of a sum of rs. 4,230, on account of alleged losses incurred by the applicant in the forward contracts of the purchase and sale of yarn entered into by the applicant on behalf of the opposite party.2. it is alleged in the affidavit filed in support of the ..... no. 570 has been filed by the opposite-party against the applicant for rendition of accounts and for certain other reliefs. in the plaint the opposite party alleged that the contract for the purchase and sale of yarn between the parties was entered into at bareilly, and it was agreed between the parties that the accounting would be done at bareilly .....

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