Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 11 of about 110 results (0.019 seconds)

Nov 18 1969 (HC)

Raghunath Swarup Mathur and ors. Vs. Har Swarup Mathur and ors.

Court : Allahabad

Decided on : Nov-18-1969

Reported in : [1970]40CompCas282(All)

m.h. beg, j. 1. raghunath swarup mathur and his four sons are the petitioners before this court under sections 397 and 398 of the companies act, 1956 (hereinafter referred to as the act). the petitioners fulfil the requirements of section 399 of the act for filing a petition under sections 397/398 of the act as they hold more than one-tenth of the paid up capital of the co-operative co. ltd., nawabganj, saharanpur, which is the company involved here. the petitioners allege that the first three opposite parties, har swarup mathur and kishan swarup mathur and jagroop swarup mathur, the real brothers of petitioner no. 1, control the affairs of the co-operative company and that the three opposite parties nos. 4 to 6--hari mohan mathur and r.p. mathur and k.k. bhartari--are mere puppets in their hands. m/s. shyam k. gupta company, auditors, opposite party no. 7, have been impleaded by the petitioners on the allegation that they have been colluding in concealing irregularities and frauds of opposite parties nos. 1 to 3. the central government, opposite party no. 9, is probably impleaded only because section 400 of the act requires a notice of such a petition to be sent to the central government. the real targets ofthe attack of the petitioners are the three opposite parties, who according to the petitioners, have functioned in various capacities contrary to the provisions of the act and realised salaries illegally from the company. the petitioners also allege that the three .....

Tag this Judgment!

Dec 31 1969 (HC)

Ganga Bai Vs. Sita Ram

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All170

..... the sale was made to pay debts. it was then a sale which the son himself, if alive, could not have resisted, for it is not suggested the debts were contracted for immoral purposes. consequently, in our judgment, the alienation by the father-in-law does not in this case impose on him personal liability of maintaining the appellant.

Tag this Judgment!

Dec 31 1969 (HC)

Mathura Singh Vs. Bhawani Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All248

..... title torecovery of land. immoveable property, except-(a) claims in respect of mesne profits or arrears of rent in respect of the property claimed,(b) damages for breach of any contract under which the property or any part thereof are or is held, and(c) claims by a mortgagee to enforce any of his remedies under the mortgage.rule b.--no .....

Tag this Judgment!

Jan 10 1969 (HC)

Raghubar Dayal Kanodia Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Jan-10-1969

Reported in : AIR1970All143

..... of telephone for a previous period is paid, then it cannot be said that the telephone authorities are punishing that subscriber. in fact it would probably be a matter of contract between the subscriber and the department. mr. seth has pointed out that under rule 443 of the rules, the department has a right to disconnect the telephone in case of .....

Tag this Judgment!

Dec 31 1969 (HC)

Kishen Lal and ors. Vs. Nehalo

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All162

robert stuart, c.j.1. after repeated consideration of the arguments and authorities referred to in this case, i feel that i can add nothing to what is clearly laid down in the judgment of the calcutta high court. but in expressing this opinion i desire to confine myself to the principles and authorities of the hindu law, for i can derive no useful analogy from any rule or principle of the law of england or from any other european system of jurisprudence.pearson, j.2. the question referred to the full bench has been exhaustively considered and discussed by the learned judges of the calcutta high court. it seems unnecessary to repeat at length the arguments used by them on both sides of the question and impossible to add thereto. after full consideration, the conclusion to which i have come is that the question was rightly answered in the negative by the majority of those learned judges, and that we should return the same answer to the bench which has put the question to us.3. the opposite conclusion is certainly not an unavoidable inference from the text of catayana mainly relied on in support of it: 'let the sonless widow, preserving (unsullied) her husband's bed and residing with her venerable relative, eat or enjoy moderately' not so long, be it observed, as she remains chaste or resides with her protector but 'until her death.' the text is in its form and may well be in substance a mere injunction. it enjoins submission to the venerable relative, purity of life, and .....

Tag this Judgment!

Dec 31 1969 (HC)

Man Singh and anr. Vs. Ghure and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All226

..... the present that the record of village custom does set out that pre-emption in chanderbhanporeat the time when the settlement record was prepared rested upon custom, and not upon contract then prepared among the share holders it is necessary to examine with great care and minuteness the exact nature of the custom, the extent to which it prevailed and the .....

Tag this Judgment!

Dec 31 1969 (HC)

Dondh Bahadur Rai and ors. Vs. Tek NaraIn Rai and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1899)ILR21All251

..... in second appeal. the respondent relies on section 76(c) of the transfer of property act. as it is his own case that there was in the mortgage deed 'a contract to the contrary' providing that the mortgagors and not the mortgagee should pay the rent, it is obvious, without going any further, that section 76 cannot help him. the only .....

Tag this Judgment!

Dec 31 1969 (HC)

Ramjiwan Mal and ors. Vs. Chand Mal and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All587

straight, j.1. this appeal relates to a suit which was instituted by the plain tiffs-appellants before us in the court of the subordinate judge of azamgarh upon a plaint which, alleging a partnership as subsisting between the plaintiffs and the defendants, prayed for the following relief: ' that the plaintiffs pray the court to decree a dissolution of the partnership, and that the accounts of the said partnership trading may be taken by the court and the assets thereof realized, and that each party may be ordered to pay into court any balance due from him upon such partnership-account, and that the debts and liabilities of the partnership may be paid and discharged, and that the costs of the suit may be paid out of the partnership assets, and that any balance remaining of such assets, after such payment and discharge and the payment of the said costs, may be divided between the plaintiffs and the defendants according to the terms of the agreement, or that if the said assets prove insufficient, the plaintiffs and the defendants may be ordered to contribute, in such proportion as shall be just, to a fund to be raised for the payment and discharge of such debts, liabilities and costs, and to such other reliefs as the court shall think fit. the approximate value of the claim is rs. 2,000.'2. now that was a suit which undoubtedly was framed and presented to the court in contemplation of the provisions of section 215, civil procedure code. but it is unnecessary for me in dealing .....

Tag this Judgment!

Dec 31 1969 (HC)

Hardeo Das and anr. Vs. Hukam Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All322

pearson, j.1. the appeal must, in our opinion, prevail. the lower court has erred in applying the provisions of section 210, act x of 1877, to this suit, which is not a mere suit for money but asks for the recovery of the amount of a bond-debt by the sale of the property hypothecated in the bond section 210 was not intended to enable the courts to set aside and over-ride such a contract as that on the basis of which the present claim is laid. the security over the hyothecated property which it gave for the payment of the debt would be of little value, if it could be so set aside and over-ridden. the plaintiffs are entitled to an award against the defendants of the principal sum (rs. 12,000), with interest at the rate of twelve per cent, per annum to date of decree, and to interest from the latter date to the date of realization at the rate of six per cent, per annum, and to their costs with interest thereon at the same rate; and to be empowered to recover the amount of the bond-debt by the sale of the hypothecated property. the decree of the lower courts is modified accordingly; and the costs of this appeal are allowed.

Tag this Judgment!

Feb 26 1969 (HC)

Bhagwan Industries Private Ltd. Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Feb-26-1969

Reported in : [1970]25STC420(All)

r.s. pathak, j.1. the assessee, m/s. bhagwan industries private limited, carries on the business of selling atta, maida and suji. it was assessed for the assessment year 1957-58 to sales tax under rule 41(5) of the u.p. sales tax rules. the net turnover was determined at rs. 46,00,000. the assessment was made ex parte as the assessee did not produce its account books. then, on september 13, 1961, the sales tax officer issued a notice calling upon the dealer to appear with its account books on september 27, 1961. he stated that certain purchases and sales made by the assessee during the years 1957-58 and 1958-59 had come to his notice and required verification. the notice warned that in case the assessee failed to appear it would be presumed that all sales and purchases effected by it had not been entered in its books and accordingly action under section 21 of the u.p. sales tax act would be taken. the assessee did not produce its account books. subsequently on march 13, 1962, the sales tax officer issued another notice. this was in the form of a memorandum. it pointed out that the turnover assessed for the year 1955-56 was rs. 58,18,426 and the turnover disclosed for the year 1958-59 by the assessee itself in its account books was rs. 75,70,840. having regard to these figures, the sales tax officer said, turnover for the years 1956-57 and 1958-59 appeared to have escaped assessment. it was, therefore, considered necessary to ascertain the actual position from the assessee. it .....

Tag this Judgment!


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