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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1950 Page 1 of about 37 results (0.073 seconds)

Aug 02 1950 (HC)

Firm NaraIn Das Balak Ram Vs. Bhagwan Das Kedar Nath and ors.

Court : Allahabad

Decided on : Aug-02-1950

Reported in : AIR1951All860

..... was sent to the defts., who acknowledged receipt of the same direct to the plff. the plff. then wrote a letter to the defts and the contract was thus finalised. it was held that the indent form signed by the plff. was part of the offer which was accepted by the defendants and ..... document containing all the terms is sufficient.' the letter accepting the indent was, therefore, held to be sufficient acceptance of the terms embodied in the indent contract. it was further held:'all that is required is that both parties accept a written document as containing the agreed terms : it might be in ..... shankarlal lachhi narain's case (63 all. 384) the facts were similar to those in sukhmal bansidhar's case (42 all. 525). there also the contract was entered into by one party signing an indent on the form, prescribed by the delhi piece goods association as in the other cases the other party ..... invoices or indents, and the acceptances, the submission is clear and binding upon both the parties.' in the present case, the documents relating to the contract are not before us; and the opposite party relies upon the rules and bye-laws of the chamber, supported by the oral agreement and they do ..... for reference to arbitration; that the award was vitiated owing to misconduct; and that the transaction between the parties was in the nature of a wagering contract.2. the learned munsif found that there was no valid agreement between the parties to refer the dispute to arbitration and rejected the petition filed by .....

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Apr 28 1950 (HC)

Rameshwar Bux Singh and ors. Vs. Ganga Bux Singh and ors.

Court : Allahabad

Decided on : Apr-28-1950

Reported in : AIR1950All598

..... in baldeo prasad v. bhola nath : air1929all941 spring from fine considerations of matter of procedure, and not from substantive legal rights, grounded in the contract between the parties.'20. the decision in umeshchandar mandal v. hemanga chandra : air1933cal325 was given in connection with the abatement proceedings. in that case ..... and procedure of the courts, so that justice may be done between the parties, according to their rights and interests at law and by their contracts, such rules are framed for expediency in order that judicial business may be conveniently and expeditiously despatched, and that there may be an end to ..... justice observed :'they (mortgagors) entered into one single transaction with a group of people to whom moneys were due previously and with whom they contracted that the amount would be payable in one lump sum to them jointly and they jointly would have the right to recover the amount and ..... death of c with the representatives of b and c jointly.'it is obvious from a plain reading of this section that in a mortgage contract where several mortgagors borrow money from several mortgagees to whom they hypothecate their property as security for the debt borrowed, it is the manifest ..... of the parties as required by order 34, rule 1, civil p. c., but because of the rule of substantive law under section 45, contract act, that in the casa of joint promisees the right to claim performance rests with the representatives of the promisees jointly. the suit was accordingly .....

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Feb 20 1950 (HC)

Shiromani Sugar Mills Ltd. Vs. Debi Prasad

Court : Allahabad

Decided on : Feb-20-1950

Reported in : AIR1950All508

..... managing directors and other directors committed any breach of rules, the shareholders may have other remedy against them but not that of rescinding the contract of purchase of shares. they might have acted dishonestly and inefficiently and filed false declarations before the registrar, but even that would not entitle ..... names and addresses of the vendors of any property purchased or acquired by the company, and the debts of, and parties to, every material contract. the prospectus does not contain this information. but there is no penalty prescribed in the act for non-compliance with the provisions of section ..... held that the prospectus did not announce to the public in clear and unequivocal language that the promoters of the company actually possessed, or had contracted for the possession of 6 ships of the description mentioned. his 'lordship observed at p. 475 :'there is a material distinction between the employment ..... the company. in smith's case: (1867)-2 ch, a. 604) the prospectus contained the statement that the property which the company had contracted for consisted of 50 acres of land 'containing several very valuable claims, some of which are in full operation, and making large daily returns.' ..... the suits were contested by the opposite parties. the grounds with which we are concerned in these applications were (1) that the original contract for the purchase of the shares was procured by the promoters of the company by fraudulent misrepresentation, (2) that the promises held out to .....

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Oct 27 1950 (HC)

Ram Kishore Tandon Vs. Shayaur Sundar Lal

Court : Allahabad

Decided on : Oct-27-1950

Reported in : AIR1951All155

..... which the amount to be advanced, rate of interest, and the nature of the security are arranged, and their lordships think that when such negotiations result in a mortgage contract, the mortgage contract can be correctly described as made in the course of the transaction.'they accordingly held that in order to determine the principal under section 14 (4), encumbered estates act ..... purposes of determining the principal the court shall treat as principal any accumulated interest which has been converted into principal at any statement or settlement of account or by any contract in the course of the transaction made before the first day of january, 1917, but shall treat as interest any accumulated interest which has been converted as aforesaid at ..... purpose of determining the principal, the court shall treat as principal any accumulated interest which has been converted into principal at any statement or settlement of account or by any contract in the course of the transaction made before 1-1-1917, but shall treat as interest any accumulated interest which has been converted as aforesaid at any such statement, ..... purposes of determining the principal the court shall treat as principal any accumulated interest which has been converted into principal at any statement or settlement of account or by any contract in the course of the transaction made before the 1st january 1917, but shall treat as interest any accumulated interest which has been converted as aforesaid at any such statement .....

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Mar 14 1950 (HC)

Prithi Singh Vs. Ganesh Pd. Singh

Court : Allahabad

Decided on : Mar-14-1950

Reported in : AIR1951All462

..... banaras state. the laws became different in 1934 when the agriculturists' relief act was enacted by the united provinces legislature. in the circumstances, the contract would be governed by the lex loci contractus. it is stated by foote at page 372 that the broad rule is that the lex loci ..... the particular case and that law might, in certain circumstances, be the domestic law of another country. as in the instant case the mortgage contract was entered into in british territory, and the parties also are residing in british territory, the banaras state court itself might have applied the law ..... of interest settled was substituted the smaller statutory rate enjoined by this local enactment and that, this being now the 'proper law of the contract under which the debt is incurred', the debtor was entitled to have his indebtedness determined accordingly. the question of the locus to which the ..... , operating in personam and not in rem; and in the exercise of this personal jurisdiction they have always been accustomed to compel the performance of contracts and trust as to subjects which were not either locally or rations domicilli within their jurisdiction. they have done so, as to land, in scotland ..... , though all the same reserving the right of the plaintiff to seek remedy in the agency court regarding those lands.11. under the mortgage contract in this case, which was entered into within british india, the mortgagee agreed to return the property to the mortgagor on receipt of the mortgage .....

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Oct 03 1950 (HC)

Hari Singh and ors. Vs. Kallu and ors.

Court : Allahabad

Decided on : Oct-03-1950

Reported in : AIR1952All149

..... money, the transaction is not a sale, the legal conception of a consideration is not the same as the dictionary meaning of the term. cheshire & fifoot in their law of contract, 1945 edn. p. 47 observe that: 'it seems better, therefore, to approach the problems of consideration through the language of purchase & gale, the plff, must show that be has bought ..... of sale was struck, the primary consideration with the donor was to dispose of the property & get a good price for it by inducing the donee to agree to a contract of sale by this method of a gift would not be enough in law to convert the deed of gift into a deed of sale, unless, of course, it can .....

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Jul 31 1950 (HC)

Moti Lal Jhun Jhunia Vs. Mool Chand

Court : Allahabad

Decided on : Jul-31-1950

Reported in : AIR1952All242

..... respect thereof.'it is not denied that the plaintiff firm had many more cases of katan silk panchtara, in their possession on the date of the contract, and the contract, therefore, was of unascertained goods and by description. the law requires that where unascertained goods have been sold by description, then the title would ..... the goods were shipped by steamer to calcutta. when the goods arrived at their destination the defendant refused to take delivery of them. in the contract there was a term to the following effect:'i herewith pledge myself to pay for them before delivery within 30 days after arrival of the bill ..... get them from the bank and send them to the buyer. there can, therefore, be no question of an implied consent. the relevant portion of the contract is as follows:'we have purchased today ten cases of katan silk ..... from you ..... due date being ..... weshall take delivery on the due date.'it ..... question, however, remains whether it can be said that there own an express or implied assent by the buyer authorising the seller to appropriate the goods towards the contract. reliance is placed on the case of furby v. hoey, (1947) l all e. r. 236. in that case the learned chief justice observed at ..... buyer. such issent may ba express or implied, and may be given either before or after the appropriation is made.'5. on the date of the contract, there can be no doubt that the goods were unascertained, and they were sold by description. but the plaintiff took out from the bank on .....

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Dec 21 1950 (HC)

Mt. Chunai Vs. Ram Prasad and ors.

Court : Allahabad

Decided on : Dec-21-1950

Reported in : AIR1951All167

malik, c.j.1. i have had the benefit of reading the exhaustive judgment of my brother mushtaq ahmad.2. the facts are fully set out in the judgment of my learned brother, and it is, therefore, not necessary for me to deal with them in detail. the plaintiffs' suit was for redemption of a possessory mortgage dated 1-9-1881, executed, by kanhai, mahabir and mahadeo in favour of hathi prasad. the mortgagors are all dead and their heirs and legal representatives, bishwanath prasad, ajodhya prasad and lachmi prasad, sold the property on 19-7-1941, to ram prasad and others, plaintiffs the suit was filed, by the legal representatives of the mortgagors as well as by the transferees for redemption of the mortgage. the mortgage deed provided that the amount borrowed would be paid to the mortgagee within a period of six months and, if the amount was not so paid, the mortgage deed would be deemed to be a sale deed and the mortgagee would become the owner of the property. the amount was not paid to the mortgagee and the mortgagee remained in possession but he never filed any suit for foreclosure.3. the mortgagee, hathi prasad, died, and his widow, sm. sumrekha, purported to transfer the property to her son-in-law baleshwar prasad under a mortgage deed dated 19-9-1917. in the mortgage deed she described herself as--the full owner of the property and no reference was made to the mortgage deed of 1-9-1881. on-31-1-1924, bhairon prasad, the grandson of kanhai, one of the mortgagors, filed an .....

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Feb 10 1950 (HC)

Bindeshwari Ahir and anr. Vs. Bishwanath Singh and ors.

Court : Allahabad

Decided on : Feb-10-1950

Reported in : AIR1950All421

..... instance. nothing was involved which might furnish an occasion for the court to exercise a discretion in favour of the defendants and in disregard of the orginal contract between the parties. i am, therefore, unable to accept the argument of the learned counsel on this point also.9. for these reasons, there is ..... the courts below, nor, i find, was there any issue on any one of these points. on the merits, i see no reason why the contract entered into by the plaintiffs with the late maharaja cannot be enforced against his successor, the present ruler. there is nothing in the provisions of the specific ..... to the maharaja as arrears of rent from plaintiff 4 which the other plaintiffs 1 to 3, undertook to pay to him under the contract of lease. there was, according to the plaint allegation, a further understanding that the lease was to take effect from the beginning of the agricultural year ..... following the contract in that behalf.2. the plaintiffs, no doubt, deposited rs. 1200/- in two instalments out of the sum of rs. 1655/- which they had ..... the suit giving rise to the present appeal was filed on 18th september 1940, for a specific performance of the contract of lease and, in the alternative for rs. 1200/- paid by the plaintiffs under the contract of lease and rs. 168/- as interest. the defendants to the suit were : the banaras state through mr. .....

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Mar 14 1950 (HC)

Ram Harsh Tewari and anr. Vs. Rex, Through Rang Ramanuj Prasad NaraIn ...

Court : Allahabad

Decided on : Mar-14-1950

Reported in : AIR1950All465

..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed commits forgery.'under section 465, punishment for forgery is two years' rigorous imprisonment or fine or both. section .....

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