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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 3 of about 110 results (0.018 seconds)

Dec 31 1969 (HC)

inayatullah Vs. Gobind Dayal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All775

..... digest, on which the learned judges of the calcutta court relied, that they owe their origin to extremely technical rules of the muhammadan law of contract, procedure or evidence, in none of which departments of law are we bound by those technicalities. the muhammadan substantive law, in matters governed by ..... goes far to show that this conclusion cannot be right. if by the expression 're-purchase' is meant the institution of a new contract of sale other than that entered into by the vendor and the vendee, the hypothesis becomes obviously erroneous, because the entire argument, that the ..... interpretations, they adopted the more lenient one, acting upon the presumption that a legal obligation does not exist till expressly provided, and that all contracts are lawful unless expressly prohibited by law. the law, therefore, as it stands, does not oblige the vendor to give notice of the projected ..... right of preemption does not prohibit sale in general regardless of the purchaser, of the amount of the price, and other terms of the contract of sale; and because the right is in its very nature incapable of being asserted or exercised till these matters are definitely ascertained, it ..... once belonged to it. the consent of fellow-villagers, according to the mitakshara, is required for the publicity of the transaction merely; but the contract is not invalid without their consent. the consent of neighbours tends to obviate future disputes concerning boundaries. the consent of kinsmen and co-parceners .....

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Dec 31 1969 (HC)

Bhagwat Das Vs. Parshad Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All602

..... but the mortgage-deed contains no such stipulation in express language, and the courts have to decide whether any such stipulation was implied in the contract of mortgage.18. in the present case i am of opinion that because the terms of the mortgage itself do not expressly state that the mortgage ..... either in foreclosure, or in obtaining possession of the mortgaged property, or in bringing such property to sale, according as the terms of the mortgage contract itself may be. but whether the debt is a simple money-debt or a debt secured by mortgage, one element is common to them all, namely ..... latter a security of property is given as the means whereby such obligation is to be discharged. the difference rests, not in the essence of the contract but in the modus operandi agreed upon by the parties in respect of discharge of the obligation of the debt. in the case of a simple ..... have already said, the nature of the mortgage being usufructuary, the period of enjoyment of possession by the mortgagee would form a substantial part of the contract, lending force to the contention that such possession and enjoyment could not be put an end to at the will of the mortgagor before the expiry ..... upon the mortgagee and that the mortgagor can enforce redemption even before the expiry of the stipulated period. a mortgage is only a kind of contract whereby certain rights and obligations are created as between the mortgagor and the mortgagee. such rights and obligations may be subjected to any terms and .....

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Dec 31 1969 (HC)

Dwarka Prasad and anr. Vs. Chatarbhuj

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All388

..... practically, so far as this court is concerned, the question is concluded. unless a case of mutual mistake is shown, the parties must be held to have contracted according to the calendar year.4. this question does not, however, determine the fact of this appeal. in either view of what the parties may have meant ..... other man believed it to be. the result would be that a court of law would be bound to hold the contract to be void. that is a state of things to which patwaris, if they think of these things, ought to pay attention, and not to persist ..... be two totally different dates separated by nearly three months interval at which the same calendar year may commence, would be to create disastrous confusion in all contracts depending on such calendar year's. for example, if we were to hole that 1298 fasli, which did in fact commence on the 29th of september ..... described as the asarh of 1298 fasli with any correctness either in law or in fact. on proof of a mutual mistake the contract could be rectified, or, without rectification of the contract, effect could be given to it according to the intention of the parties just in the same way as if rectification had formally ..... year. the result would be, if each side was found to tell the truth, that when they thought they had arrived at a contract, they had in fact arrived at no contract at all. there would in that case be no mutual mistake. each man believed that the fasli year was different from what the .....

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Dec 31 1969 (HC)

Muhammad Askari Vs. Radhe Ram Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All307

..... doubt and is supported by the authorities cited by the learned chief justice in his judgment. therefore, since the enactment of section 43 of the contract act, the recovery of a judgment against one of several joint debtors does not bar a subsequent suit against his co-debtors. the result is ..... in rahmubhoy hubibbhoy v. turner (1890) i.l.r. 14 bom. 408, scott, j., in the first court said that 'section 43 of the contract act ix of 1872 is not perhaps quite clear whether a complete adoption of the english rule is intended.' he, however, applied the decision in hemendro coomar ..... 37. similarly in lukmidas khimji v. purshotan haridas (1882) i.l.r. 6 bom. 700, mr. justice latham expressly held that section 43 of the contract act materially altered the rules of the english common law, and disallowed an objection by a partner defendant that the other partners should have been joined as defendants ..... applicable where the liability sought to be enforced is joint and several. that being so, how does the matter stand in india? section 43 of the contract act provides: 'when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any ..... the plea in abatement would formerly have been dealt with. in india that right of joint debtors has been expressly excluded by section 43 of the contract act, and therefore the basis of the doctrine being absent, the doctrine itself is inapplicable. cassante ratione legis, cessat ipsa lex.4. that this .....

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Dec 31 1969 (HC)

Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All294

..... ) man on that which belongs to another.' then follow several illustrations from the growing of crops, &c.; this is the illustration given in sloke 53: '53. but if by special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this world as sharers of .....

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Dec 31 1969 (HC)

W.F. Legge Vs. Balkishen Das and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All434

..... of the iqrarnama, the surrounding circumstances and the oral evidence, we have come to the conclusion, in concurrence with the court below, that the contracting parties intended the transaction to be one of mortgage by conditional sale, and not an absolute sale with a right to repurchase. this case is therefore ..... he retained in his hands the equity of redemption of the property in question. it is not likely, therefore, that he entered into a contract of the nature alleged by the defendants. a third circumstance is the form adopted--a form commonly used in these provinces to represent a bai-bil ..... are therefore of opinion that the iqrarnama of the 4th of february 1873, itself affords intrinsic evidence showing that the transaction was intended by the contracting parties to be one of mortgage and not an absolute sale with a right of repurchase.13. there are many extraneous circumstances which we think ..... -wafa or mortgage by conditional sale. in our opinion it is necessary to bear these facts in mind in considering what the intention of the contracting parties was when they entered into the transaction.7. as we have stated above, taluqa pataila, the property which the plaintiff seeks to redeem in ..... the right of repurchase was a genuine document. with the exception of the documents themselves there was no evidence to show the intention of the contracting parties in regard to the transaction. on this point we have satisfied ourselves by a reference to the records of the case. this being so .....

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Dec 31 1969 (HC)

Khadim HusaIn and ors. Vs. Narindra Bhadur Pal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All581

..... that the interest on payment of which in addition to the principal money a mortgagor may prevent foreclosure or sale or obtain redemption is the interest which be contracted to pay, and the payment of which was secured by the mortgage-deed. those who were responsible for the drafting of the transfer of property act, 1882 ..... non-payment on the due date of the money due under a registered mortgage-deed, if the suit was not brought within six years of the breach of contract.12. turning now to act no. iv of 1882, it seems to us to be clear, upon a comparison of the provisions of sections 83, 84 ..... be allowed depend, not upon the agreement of the parties, but entirely on the discretion of the court. it is allowed as compensation for the breach of contract, in the one case to pay at the time certain, and in the other case for non-compliance with demand in writing, and is damages, although ..... , competent to a court in its discretion to allow interest after the date certain under act no. xxxii of 1839, provided that the parties have not contracted themselves out of that act. it is seldom that the provision in the act enabling a court to allow interest when a demand in writing has been ..... seeds, but, until taught by bitter experience, he has but the most hazy conception of legal phraseology. it would be as reasonable to construe a doubtful contract between a spider and a fly against the fly as it would in these provinces be to construe a doubtful provision in a mortgage-deed against the mortgagor. .....

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Dec 31 1969 (HC)

Bithal Das Vs. Shankar Das Dube

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All265

..... , and in every one of the many cases connected with this riasat, which up to the present have been before this bench, the debts had been contracted after the date of the agreement of june 17th, 1889. for that reason therefore, and not because (as the lower court holds) the appellant had ..... personal expenses. neither the riasat nor hari har dat's former interest in it remained any longer liable for any debt which hari har dat might contract after the date of the agreement.12. there is no ground whatever for supposing that this agreement was entered into for the purpose of defrauding creditors ..... executed and not an executory consideration, and that therefore, with the reference to the definition of the word 'consideration' in section 2 of the indian contract act, that consideration was a bad consideration, and that raja shankar dat took nothing under the agreement. he contends that no express request moving from hari ..... second, third and part of the fourth paragraphs treat of the management of the riasat, and take away from raja hari har dat all power of contracting debts binding the riasat or of in any way incumbering it, and em-power the younger brother to remove raja hari har dat from the management ..... be no doubt that of the debt in which the estate was. involved by far the greatest portion, amounting to several lakhs of rupees, had been contracted by raja hari har dat. consequently, when consenting to the court of wards taking over his interest in the riasat, and so giving a good title .....

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Dec 31 1969 (HC)

Empress of India Vs. Sarmukh Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All237

robert stuart, c.j.1. this is a reference for confirmation of a capital sentence passed on the accused sarmukh singh by the sessions judge of agra under these circumstances: on the recent occupation by the british of the island of cyprus, situated in the mediterranean, and within the empire of european turkey, one of the regiments forming part of the military forces on the occasion was an indian regiment, the 13th native infantry, and in the regiment was a man named sarmukh singh. on the night or early in the morning of the 21st of august 1878, while the regiment was still at cyprus, another sepoy named dewa singh came to his death by a shot from a rifle fired, it was believed, by sarmukh singh. he was at once placed in custody by the military authorities, and on the return of the regiment shortly after to agra, in the north-western provinces of india, he was handed over to the civil court of that district for trial, and the case came before the cantonment magistrate of agra for the purpose of commitment. but the cantonment magistrate believing that he had no jurisdiction to entertain the case ordered the prisoner to he at once sent back to the commanding officer of the regiment, with an intimation to that effect; whereupon an application for revision under section 297 of the criminal procedure code was made by the government to this court complaining of the magistrate's proceeding, and praying that he be ordered to inquire into the charge against the accused, with a view to .....

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Dec 31 1969 (HC)

Gopal Das Vs. Fateh Mahammad

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All424

..... was imperfect, that is, insufficient to satisfy the requirements of section 258 of the code, because the creditor, whilst admitting the creation of a separate contract, took care to say that the decree was to be kept alive, and the attachment thereunder was to subsist. this is not a sufficient compliance with ..... -hand executed by the judgment-debtor in favour of the decree-holder, which must also be regarded as included in the scope of the. new contract, as substituting a new obligation in lieu of a document creating an obligation in favour of the decree-holder and providing a method of payment. ..... the 11th january 1881, was intended by the parties as a performance of the obligation created by the decree, by substituting a fresh obligation founded upon contract. but that is not the real matter before us, and the question really is whether, whatever may have been the effect of the agreement, the ..... judgment-debtor. i am unable to hold that the arrangement entered into contemplated, or had the effect of, cancelling the decree and substituting a new contract in its place. all it did was to provide means by which the decree, together with another small sum due by the judgment-debtor to the ..... writing, which saves limitation. the other objection is, that the decree is no longer fit to be executed, since it was superseded by a new contract under the instrument of the 11th january 1881. it appears that execution had been taken out, by attachment and sale of a mortgage bond infavour of .....

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