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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 4 of about 110 results (0.015 seconds)

Dec 31 1969 (HC)

Brown Vs. A.L. Seale

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All710

..... , for a mortgagor in that case retains in his own person not only the equity of redemption, but the right to pay up the debt on the contract made by it, such contract being the contract of the mortgagor himself, and not that of any delegated agent or attorney. for these reasons my answer to this reference is that the sale-deed is ..... the contract already made into effect. now, in the present case everything was left to mr. beresford, the confidence and discretion of the executors was delegated or transferred to him, and he ..... the deed of appointment by attorney (at p. 180).' the meaning of this as applied to the present case is simply that, where the executors or donees themselves make the contract, its execution and completion by deed may be by attorney; that attorney, however, exercising no confidence or discretion or judgment, but merely being the agent or officer deputed to carry ..... the bank is simply, and without any reason assigned, directed to sell and negotiate the sale of the houses and property. there is no direction simply to make a subsidiary contract, or to receive offers, which offers are to be communicated to, and considered by, the executors, but a power to negotiate and conclude a sale, and to sell, in the .....

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Dec 31 1969 (HC)

The Bank of Bengal Vs. Cohen

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All598

..... say i entirely agree with them. the appeal must be dismissed with costs.*exclusion of evidence of oral agreement.[section 92:--when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ..... was no consideration for it but it is equally plain that a defendant may not allege an oral agreement, that contradicts or operates in defeasance of a clear contract, which appears upon the face of a written instrument. the law upon this point may be found fully discussed in alrey v. crux l.r. 5 ..... was no doubt framed in accordance with the current of english decisions upon the question of how far parol evidence can be admitted to affect a written contract, and this court must take care in placing a construction upon it, not to create a precedent, that would open the door to indiscriminate parol proof ..... even under clause 3, section 92 of the evidence act. the whole argument for the defendant has proceeded upon a somewhat loose view of the law relating to contracts, as far as it affects negotiable instruments, and the relative position of drawer, payee, and acceptor of a bill of exchange seem to have been entirely ..... but i am disposed to hold that the oral agreement set up is not one that contradicts, varies, adds to, or subtracts from, the terms of the contract, and that both provisos 2 and 3 of section 92 * of the evidence act might apply to his case.3. i do not, however, think that .....

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Dec 31 1969 (HC)

Nanak Ram Vs. MehIn Lal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All487

..... bond has been executed, and the money advanced to the principal debtor, the creditor feeling anxious about the sufficiency of the security, took the contract of guarantee from the surety. in this deed the surety simply promises to make good any deficiency if the property hypothecated by the obligor of ..... , be considered to be characterised by, has not prevented us from applying the plain language and the very clear meaning of section 127 of the contract act, and we now do that by dismissing the present special appeal with costs.spankie, j.11. both parties admit that the instrument on which ..... have remarked, they, strictly speaking, form no part. with respect to the present case, plainer language than that, used in section 127 of the contract act it would he difficult to imagine, and why it should have been thought proper to illustrate it at all i do not very well comprehend. appended ..... for the benefit of nanak bam the lender alone, and, if so, there was undoubtedly no consideration within the meaning of section 127 of the contract act. against the conclusion, indeed, there appears to be nothing in the case excepting the language of the two documents themselves and any general inference ..... executed and delivered his separate engagement, the money bad already passed from the hands of the lender to kalka prasad his borrower, and on a contract which made the latter safe for at least three years, and he had therefore nothing to fear from any dissatisfaction or objection that might subsequently .....

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Feb 26 1969 (HC)

Smt. Vishnawati Vs. Bhagwat Vithu Chowdhry

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All389

..... filed by the defendant smt. vishnawati the second additional civil judge who disposed the same held that it being undisputed that a tenancy is heritable in the absence of a contract to the contrary and that gayaprasad shukla had left surviving him not only the appellant but also sons and daughters, those sons and daughters also became co-tenants of the .....

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Dec 31 1969 (HC)

Pragi Lal Vs. Maxwell and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All284

..... the plaintiff should recover, and the defendant be driven to a cross-suit. and so, in the case before us, the claim springs out of the same contract which the plaintiff seeks to enforce, and can be readily determined in this suit, and it is equitable that it should be so determined.7. there is another ..... composing the claim are barred by limitation, and they claimed a set-off as damages for loss incurred by the plaintiff's failure to supply all the wood contracted for.5. the lower appellate court, modifying the decree of the first court, has held that the plaintiff's claim is not barred by limitation, but that ..... consequence of his failing to supply wood. after that date no further wood was supplied, and it is admitted that the plaintiff failed to supply all the wood contracted for.3. the present suit has been brought on the 10th october 1882, to recover the above sum of rs. 1,367-10-9 with interest.4. ..... that the price of the wood was not claimable as of right on the date of its being supplied, but rather when the contract was completed, by the whole wood being supplied, or when the contract came to an end. i would apply article 53, and hold that no portion of the plaintiff's claim is barred by ..... , and as a matter of fact the defendants did not keep hira to the strict terms of the contracts, but received wood after the dates specified in the contracts had expired, and it appears that the plaintiff received payment for what he supplied from time to time, and on the 11th november 1879, he .....

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Sep 26 1969 (HC)

Kripa Ram Gupta Vs. R.K. Talwar and ors.

Court : Allahabad

Decided on : Sep-26-1969

Reported in : AIR1970All296

..... think that is so. it is always open to the state government, or for that matter, any employer to provide for the voluntary retirement of an employee even before the contracted age of compulsory retirement.32. in this view of the matter i am unable to agree with the observations in 1966 all. l. j. 153 = (air 1966 all. 560) that .....

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Dec 31 1969 (HC)

Girjadat and anr. Vs. Janki

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All482

..... but the vendee paid the purchase-money and got possession; he was entitled to possession and to bring an action against the vendor for specific performance of the contract for sale, and to obtain an actual transfer of the legal estate, which could then be registered. these rights he might enforce either at once, or, if ..... 1882 being neither a sale nor a mortgage within the meaning of that document. on the other hand, even if that transaction is to be treated as a contract for sale, i should say that the suit was premature.6. for these reasons i would decree the appeal, and, reversing the decision of both the lower ..... registered sale-deed in favour of a co-sharer other than the pre-emptor, or in favour of a purchaser for value without notice of the so-called contract for sale, it is difficult to conceive how the pre-emptor, who has succeeded in a suit like the present, could resist the claim of such ..... a decree for specific performance having been obtained, it would then operate in derogation of the pre-emptor's right. now, in the first place, such a contract may never be enforced, and if it is enforced, then such a decree could only result in a sale-deed properly executed in reference to section 54, and ..... one nor the other.4. there appears to be nothing in the transfer of property act which prevents any one from entering into a contract for sale of the nature mentioned in the penultimate paragraph of section 54 by parol or by an unregistered document. it has been said that such a .....

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Dec 31 1969 (HC)

Kazi Hamid Ali Vs. Girraj Bakhsh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All340

..... received it.' it has been suggested that this section should be read as if the person making restitution should actually have been a party to the contract; but the section is expressed in the widest terms, and includes any person whatever who has obtained any advantage under a void agreement. so that ..... five years, without an order of the civil court previously obtained.' if these words had been used, there would have been an absolute prohibition of such contracts if entered into without sanction. but the words are 'no such person shall have power to sell or mortgage,' etc., and this places any certificated ..... than five years. this view of the meaning of act xl of 1858 is supported by the following considerations. if the legislature had intended to make contracts, if entered into without sanction, illegal and void ab initio, it would have been easy to express that intention by using the words' but no ..... his repaying to the defendant the amount of such monies with reasonable interest.' the court in that case acted upon the view that whether the contract were called void or invalid or anything else, a plaintiff going to the court for relief was bound to submit to the court's right ..... -mentioned judgment, i observe that what the learned judges apparently had present to their minds was the question whether a minor could ratify such a contract as this which has been made without the district judge's sanction having been first obtained by the certificated guardian. that is not the point which .....

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Dec 31 1969 (HC)

Rohilkhand and Kumaun Bank Limited Vs. Row

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All490

..... 4. on further consideration, i am induced to alter the opinion which i formed when this case came before the divisional bench, that the capacity to contract with reference to age of persons not domiciled in british india should be governed by the indian majority act as the lex loci on the subject.5. ..... mentioned act did not touch persons temporarily residing, but not domiciled, in british india, and we think that it must therefore be taken that their status to contract was still left to be governed by the law to which they were subject,--i.e., the personal law of their personal domicile. such law in the ..... to language its ordinary meaning, we can only interpret this section as declaring that the capacity of a person in point of age to enter into a binding contract was to be determined by his own personal law, whether such law was to be found in the shastras, the shara, the acts of the indian ..... no means so clear or certain that there is any rule of international law which recognises the lex loci contractus as governing the capacity of the person to contract; but conceding for the moment it does, it nevertheless seems to us that the specific limitation of the provisions of the act of 1875 to 'domiciled ..... the age at which a european british subject is to be held to have attained majority in this country, so as to be capable of making a contract, we feel ourselves bound to follow the established rule of the courts, and to hold that the privileges and disabilities of minority (so far as they .....

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Dec 31 1969 (HC)

Muhammad Allahdad Khan and anr. Vs. Muhammad Ismail Khan and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All234

..... , which relates merely to the share, if legitimate, and a claim to maintenance, if illegitimate. the first, second, and third issues are as follows: first, did nawab ameenood dowlah (deceased) contract moottah with defendant's mother before or after his birth? second, has the deed of repudiation (dated 23rd suffar 1272 hijri) the effect of cancelling previous acknowledgment of defendant's ..... ? third, if defendant be not a legitimate son, is he an illegitimate son of deceased? it was admitted on the pleadings that a moottah marriage at some time had been contracted between the late vizier and the respondent's mother, but the plaintiff stated in effect that the conception and birth of the respondent preceded that marriage. the plea distinctly stated .....

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