Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 1 of about 110 results (0.015 seconds)

Dec 31 1969 (HC)

Bhawani Prasad Vs. Gopal Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All531

..... action. there could have been no defence to that action. the payment of the rent was the only thing guaranteed. if it was a contract of indemnity as distinguished from a contract of guarantee, the plaintiff could not be entitled to the cost or expenses of the previous action unless he brought the case within clause ( ..... guaranteed. further, i much doubt whether the framers of the code had before their minds a case like the present. whether this contract of ganga bakhsh is to be called a contract of guarantee, or a contract of indemnity, appears to me, to be immaterial. ganga baksh in any event was a surety, if it was a ..... rent during the time was guaranteed by one shiban lal, who was the father of the plaintiff. shiban lal on his part required a guaxantee or indemnity against any rent which might not be paid by bahal singh and which he might under his proposed guarantee become liable to pay. the defendant's father ..... contract of guarantee, and it is to be distinguished from a contract of indemnity. i fail to see how ganga bakhsh, if he were alive, could be, or how his representative can be, made liable for the ..... 2) of section 125 of the indian contract act. in this case there is no evidence to show that shiban lal acted as a prudent .....

Tag this Judgment!

Dec 31 1969 (HC)

Churaman Vs. Balli

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All591

..... plaintiff had purchased the properties for himself or benami for the defendants, and if as benami for the defendants, whether they were liable on the implied contract of indemnity.11. in conclusion we hold that the respondent balli is liable in this suit for the arrears of the annual payments of rs. 25 claimed in ..... for the debt, or on the debtor's promise to pay, of which the bond would probably be evidence. here there is no purely personal contract on the part of balli to make the annual payments: his liability arises out of the fact that he is the person who is in possession ..... .' looking at this section, the first thing which we notice is that, although the small cause courts are given jurisdiction overclaims within the specified amount on contract, claims for rent subject to the limitation contained in the 4th proviso, are also expressly brought within the jurisdiction of the small cause courts. claims for ..... is as follows: 'the following are the suits which shall be cognizable by courts of small causes, namely, claims for money due on bond or other contract, or for rent, or for personal property, or for the value of such property, or for damages, when the debt, d image or demand does not ..... was not one for a small cause court, although they said 'it is true that the allowance is as to its amount fixed by contract, and that ordinarily a claim arising under a contract would be cognizable by a small cause court.'10. in the case of bhawan singh v. ghottar kuar, weekly notes, 1882, p .....

Tag this Judgment!

Feb 10 1969 (HC)

Commissioner, Sales Tax Vs. Noorullah Ghazanffurullah

Court : Allahabad

Decided on : Feb-10-1969

Reported in : [1970]26STC100(All)

..... the railway. the contract provides that when underframes are supplied to the assessee they will be supplied only after the assessee executes an indemnity bond for their safe custody. the property in the underframes does not pass to the assessee and it cannot be said ..... of body construction including painting etc.' this is not a case where what is supplied by the assessee is a composite unit distinct from the underframes. there is in the contract before us reference to a completed coach only and it is a completed coach which the assessee delivers to the railway. significantly, the underframes remain throughout the property of ..... referred accordingly.19. the cases on the point have been discussed by my brother gulati, j., but i may mention the reasons which have prevailed with me.20. the contract between the assessee and the north eastern railway required the assessee to build railway coaches. the underframes were to be supplied by the railway and on those underframes the assessee ..... therefore, taxable 2. the assessee, m/s. noorullah ghazanffurullah is a firm of contractors which carries on business at allahabad. in the assessment year 1958-59, the assessee executed a contract of building railway coaches for the north eastern railway on the underframes supplied by the railway. the coaches were to be built according to the specifications and drawings annexed to .....

Tag this Judgment!

Dec 31 1969 (HC)

Ganga NaraIn Vs. the Municipal Board of Cawnpore

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All313

..... boards are not entrusted with public moneys in order that they may employ them in inducing other persons to break their lawful contracts. however, the indemnity bond was given; the cantonment market was closed, and thereupon customers who had formerly attended the market of the municipal board ..... to get back their customers, and t on this occasion they had no cantonment authorities, who would be willing to close a market on receiving an indemnity, to deal with; they had to deal with the plaintiff in this suit. on the 23rd of july 1892, they served the plaintiff with ..... the request of the municipal board, and that they insisted upon having an indemnity bond to secure them against loss by any damages which might be awarded to the persons with whom they were about to break their contract. whether the cantonment authorities would have been liable in damages or not, ..... that the municipal board of cawnpore authorized the execution of an indemnity bond, and the bond was apparently given, signed by the chairman. whether the municipal board of cawnpore intended, if the cantonment authorities were made liable for their breach of contract, to pay the damages out of the public moneys of ..... and whether or not they had the power to put an end to the lease granted to their contractors are beside the question here. what we know is that the cantonment authorities thought it reasonable that they should get an indemnity .....

Tag this Judgment!

Dec 31 1969 (HC)

Dip NaraIn Rai and ors. Vs. Dipan Rai and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All185

..... duty to limit that penalty to what is the real amount of damage sustained by the plaintiff, who is the lender, in consequence of the defendant's breach of the contract to pay the interest at the due date. the rate of interest at which the money was lent was rs. 9 per cent, per annum, and if the interest ..... on both kinds of damages, that cannot be a fair agreement with reference to the loss sustained by him, as the two together amount to more than an indemnity against loss, and so must be a penalty.2. in this case, the lender stipulates for both kinds of damages. he stipulates for compound interest as an ..... indemnity against loss, and also for interest to be paid at an increased rate. these two stipulations put together cannot, as i have said, be regarded as a fair ..... shall pay for having broken his contract, or may name a penal sum which shall be the outside limit of the damage which can be recovered. it is clear that an agreement, that if the ..... which interest is to be paid, and the interest is not paid when it becomes due, the borrower breaks his contract, and the lender may re-cover damages for such breach, and, at the time of making the contract, it is open to the parties to consider and agree the amount of damage which in such a case the borrower .....

Tag this Judgment!

Dec 31 1969 (HC)

Parbhu Lal Vs. Sital Prasad

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All535

..... contended for so unsustainable a proposition, that assuming there was a relationship such as that which is contemplated in clause (1), section 16 of the contract act, or such a quasi relationship, once established, the onus would not rest upon the party who held that position towards the person who sought ..... judgments of learned judges upon this particular subject and from legal works which have been referred to, notably pollock on contracts, at pages 282 and 578, but it is unnecessary for me to do so, because i have shown, i think sufficiently, what the principle ..... by any direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the court in setting aside a contract made by him, on account of some oppression, or fraudulent advantage, or imposition, attendant upon it.'11. now i might quote endless passages from the ..... there is one class of cases in which there being no fiduciary or quasi fiduciary relation between the parties, courts of equity have interfered with contracts into which the persons claiming relief have entered upon various grounds. but in such cases they have required that the parties seeking that relief should ..... to prevent the plaintiff from seeing any one, a fact known to all the people of the town of sambhal. under the above circumstances both the contracts, namely, the one contained in the deed of sale and that contained in the deed of endowment, are voidable at the will of the plaintiff. .....

Tag this Judgment!

Dec 31 1969 (HC)

Durjan Kuar and ors. and Piarey Lal and ors. Vs. Naraini Kuar

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All738

..... 3rd chapter of the civil procedure code, though it is worthy of observation that the provisions of orders 17 and 19, as to adding persons from whom a defendant claims contribution or indemnity, or others whom the court or judge thinks should be joined for the purpose of a question being determined, not only as between the plaintiff and defendant, but between them ..... test as to the joinder of defendants should be whether the relief sought is 'in respect of the same matter,' or the liability alleged to exist relates to 'any one contract.'7. now let us see how the language of these sections is applicable to the cases under consideration. so far as the two sets of plaintiffs are concerned, it is ..... , exercised his discretion in passing the two orders appealed.5. no doubt it is most desirable, when litigation has been instituted in respect of a particular subject-matter or specific contract, that the court having cognizance of it should see that all questions directly springing out of it should be raised and dealt with once and for all, and that all .....

Tag this Judgment!

Dec 31 1969 (HC)

Basdeo Vs. John Smidt and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All55

..... other objection which has been pressed is that the courts below have applied a wrong principle as to the measure of damages. the damages claimed are the difference between the contract price of the goods which the defendant refused to accept and the price realized by the plaintiffs on the resale. that claim is in accordance with the clause in the ..... indent contract, which is admittedly indistinguishable from the clause under consideration by the full bench of the calcutta high court in moll schutte and co. v. luchmi chand (1898) i.l.r ..... case, and i adopt all that was said by the chief justice in delivering the judgment of the full bench. in this case, as in that, section 107 of the contract act has no application. i think that the courts below have taken the right view of the measure of damages, and that this appeal should be dismissed with costs.knox .....

Tag this Judgment!

Dec 31 1969 (HC)

In Re: Reference by Board of Revenue, N.-w.P., Under Act I of 1879

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All654

..... comes within the meaning of a bond as defined in the stamp act. i look on the main clauses as only evidence of a contract between contracting parties in respect of the lease or sale of a right of manufacture and vend of spirits, and so far the instrument is subject ..... against which courts of law have, in modern times, endeavoured to relieve, by directing juries to assess the real damages sustained by the breach of contract.' the fairness of the rule so expounded is obvious, and in the present case would, if applied, prevent the injustice of the full penalty ..... of england (1864), p. 618:-- 'where, however, parties agree that a specific sum shall be payable by way of penalty for breach of contract, our courts will apply equitable principles in the assessment of damages, not indeed allowing them to exceed the sum thus stipulated, but requiring evidence to ..... before us in which, besides, there is no condition of nullity or voidance, the penalty being applied, without discrimination or specification, to the entire contract and the whole of its provisions, and which are exclusively of a pecuniary character, and the violation of which could be adequately measured in damages. ..... penalty contingent on the non-performance cannot be anticipated or presumed. on the contrary the presumption, according to all recognised legal principles, is that the contract or agreement will be performed, and that the circumstances under which this penalty may be sought to be enforced will never arise. that i say .....

Tag this Judgment!

Dec 31 1969 (HC)

Dalganjan Singh Vs. Kalka Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All1

..... me that the whole question was whether the plaintiffs, when they brought their suit, were co-sharers of the village within the meaning of the contract. that depended on whether the pre-emption clause meant by co-sharers of the village all persons owning shares within any part of the village ..... on comfortably together, and partition is the process which enables them to separate. it is therefore primd facie unlikely that, in the case of a contract, the co-sharers should intend that pre-emption, which implies the distinction between the co-parceners and outsiders, should continue after a partition by which ..... or that it should be claimable after partition by those only who continued to be co-sharers in any of the separate mahals. if the contract unmistakeably confined the right to the existing co-parcenary body, there can be no doubt that it would not survive the partition. if it contained ..... is really a question of the construction of a particular contract or the interpretation and application of a particular custom. in many of the cases the terms of the particular pre-emption clause upon which the ..... appear to regard partition as a purely fiscal arrangement concerned exclusively with the collection of the government revenue, and having no possible bearing upon any contract or custom of pre-emption. both views appear to me equally open to the objection that they treat as an abstract question of law what .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //