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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 2 of about 110 results (0.015 seconds)

Dec 31 1969 (HC)

Stowell Vs. Ball

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All336

..... full term of the bond has expired, and the contract in this respect may be supposed to represent the true meaning of the parties and might not unreasonably be construed in favour of the plaintiff, who was at ..... force of this ruling in the case of stowell v. billings i.l.r. 1 all. 350.4. it is true that by the terms of the contract between the parties an option is given to the plaintiff either to take his money at once on the occasion of default or to postpone his suit until the ..... the bond should be repaid in certain portions at different times. interest may not be a part of a contract between the parties to it. if there is a condition in a bond that simple interest should be paid at a certain rate, then it is as much ..... of appeal to which i will subsequently refer.3. i am not prepared to admit that the bond in suit is one payable by instalments. there was no contract between the parties that the sum borrowed should be paid off by instalments, that is to say, there was no agreement that the money borrowed and secured by ..... to be the real nature and position of the bond, but it contains an allusion to policies of assurance, and premia thereon, as to which there is no contract apparent on the face of the bond itself, although there would appear from the evidence to have been an arrangement of the kind between the parties to fortify and .....

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Feb 27 1969 (HC)

Rama Prasad Ghildyal Pahari Vs. Hindi Sahitya Sammelan and ors.

Court : Allahabad

Decided on : Feb-27-1969

Reported in : (1970)ILLJ399All

..... view expressed in the oases just mentioned, we are of opinion that the use of the word ' permanent' in relation to an employment only signifies its stability and security in contract to the instability and insecurity of a temporary employment and it is indicative not so much of its duration as of its nature in contrast to the nature of a ..... examination by a division bench of the madras high court in chilakamarri lakshminarasimhacharyvlu v. mclaurin high school, cocanada a.i.r. 1949 mad. 788] and it was observed:though the contract merely says ' permanent; and though the word ' permanent' may to a proper case be taken to mean for life, nevertheless in the matter of appointment; of teachers in schools, it ..... is of opinion that they are fit to perform their duties efficiently. this usage prevailing in the educational world must be deemed to be past of the contract and it is in impossible, in our opinion, to record the contract as being one for life, having regard to the conditions and usages known to both the parties at the time of the ..... in itself normally create a promise of life employment or disentitles the employer from terminating the employee's contract of service on reasonable notice. a contract for permanent employment will, however, be considered as a contract for employment for life if the terms of the contract are such as to render inevitable the conclusion that a lifetime employment was intended.far from rendering inevitable .....

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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 .....

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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 .....

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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 .....

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Sep 10 1969 (HC)

B. Malik Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Sep-10-1969

Reported in : AIR1970All268

..... :--'thus the essential structure of the secretary of state services was altered and the basic foundation of the contractual-cum-statutory tenure of the service disappeared. it follows that the contracts as well as statutory protection attached thereto came to an automatic and legal termination.'the indian administrative service, as observed in the majority judgment delivered by wanchoo, j. (as ..... application and, after quoting the above statement of lord russell, proceeded to say:'the same view was expressed by this board in a similar case where it is stated:'contracts are expressed in terms of the unit of account, but the unit of account is only a denomination connecting the appropriate currency.''the unit of account must accordingly be ..... or discharge, the obligation of the surety is also extinguished. the creditor cannot then complain that the extinction of the obligation of the surety impairs the obligation of his contract with the principal debtor. so here, on the lawful extinguishment of the principal right to payment in sterling, the alternative right of conversion of sterling into rupees is automatically ..... v. state of u.p. : air1959sc564 for the application of the de minimis rule).11. the constitution of the u.s.a. absolutely forbids any impairment of the obligations of contract. speaking in that context. justice holmes made this generalised remark: 'constitutions are intended to preserve practical and substantial rights, not to maintain theories'. davis v. mills, (1904) 194 .....

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Dec 31 1969 (HC)

Balbhadar Prasad Vs. the Maharajah of Betia

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All351

..... this action can be maintained apart from the note altogether. it is said by mr. gonlan that the note is the sole evidence of the contract; that the contract which was entered into between the maharajah and the plaintiff was reduced into writing in all its essentials and embodied in that note. now it is ..... be proved by the independent evidence of a person who was present at it.' if, therefore, in this case this document was intended to embody the contract of the parties, i should hold that the evidence of its contents would not be admissible. but in my opinion there is nothing whatever to show ..... evidence is admissible, under the provisions hereinbefore contained.' i think that refers to cases where the contract has by the intention of the parties been reduced to writing. the following extract from best's principles of evidence, second edition, p. 282, puts very ..... matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases, in which secondary ..... of the admissibility of evidence, and ought to be governed by section 91 of the indian evidence act, which says: 'when the terms of a contract or of a grant or of any other disposition of property have been reduced to the form of a document, and in all cases in which any .....

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Dec 31 1969 (HC)

Mul Chand and ors. Vs. Prag Narain

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All535

..... these are authorities for holding that if the seller elects to re-sell, he must do so within a reasonable time from the date on which the contract was finally repudiated by the buyer. any other conclusion might cause undue hardship to the buyer. a seller may, with the deliberate intention of causing ..... the letter received by him from messrs. sanderson and company was, to say the least of it, disingenuous. he certainly knew that he had signed a contract, the other party to which was the plaintiff mul chand, and it was certainly not the fact, upon his own admissions, 'that he never had ..... address of the plaintiffs at cawnpore in which he stated that the contract had by mutual consent been cancelled, and asked jaggi lal to intimate that fact to munshi nawal kishore by letter. whether that letter reached the ..... as to the nature of the conversation the parties are at variance. while munshi nawal kishore alleged that jaggi lal released him from liability under the contract, jaggi lal denies that he did so. on the 10th of october 1891, munshi nawal kishore caused a letter to be despatched from lucknow to the ..... munshi nawal kishore purchased from the plaintiffs 500 shares owned by them in the cawnpore cotton mills company for a consideration of rs. 40,000. a contract in writing was signed by munshi nawal kishore. it was agreed that the price should be paid and the share-certificates delivered on the 25th of .....

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Dec 31 1969 (HC)

Abdul Kadir Vs. Salima and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All149

..... the muhammadan law. under that law marriage does not make her property the property of the husband, nor does coverture impose any disability upon her as to freedom of contract. the marriage contract is easily dissoluble, and the freedom of divorce and the rule of polygamy place a power in the hands of the husband which the law-giver intended to restrain ..... intercourse, and that which is implied therein and from journeying with her, even though after connubial intercourse and retirement to which she has consented, because all connubial intercourse has been contracted with her, and the rendering of some does not imperatively require the rendering of the rest. this right is for the purpose of obtaining what has been stated as prompt ..... dealing with the first point, i adopt the language employed in the tagore law lectures (1873) in saying that 'marriage among muhammadans is not a sacrament, but purely a civil contract; and though it is solemnised generally with recitation of certain verses from the kuran, yet the muhammadan law does not positively prescribe any service peculiar to the occasion. that it ..... this view of the case the reference cannot, in my opinion be satisfactorily answered without considering, first, the exact nature and effect of marriage under the muhammadan law upon the contracting parties; secondly, the exact nature of the liability of the husband to pay the dower; thirdly, the matrimonial rights of the parties as to conjugal cohabitation; and fourthly, the rules .....

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Feb 26 1969 (HC)

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All518; [1969]24STC508(All)

..... background of the law social, political and economic, has changed. laissez-faire as an ideal has been supplanted by 'social security;' and social security suggests status rather than contract...............'the supreme court has repeatedly stressed that in the changing social pattern of today, the area within which a prospective buyer and an intending seller can bargain has been greatly ..... contention was not accepted by the supreme court. bachawat, j., speaking for the court, referred to the related provisions of the indian sale of goods act and the indian contract act and, analysing the position under the andhra pradesh sugarcane (regulation of supply and purchase) act and the rulesframed under it; he observed:--'.................... the canegrower in thefactory zone is ..... held, by majority (kapur and shah, jj.), that the transactions of despatches of sugar by the assessee pursuant to the directions of the controller were not the result, of any contract of salereference was made to state of madras v. gannon dunkerley & co. (madras) ltd. : [1959]1scr379 where while examining the validity of statutes of provincial legislatures imposing sales ..... in assessment proceedings under the bihar sales tax act. 1947 the assessee contended that the supplies made by it could not be described as sales because there was no contract of sale. the facts disclose that the govt. of different states intimated their requirements of sugar to the sugar controller of india from time to time. after considering .....

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