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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 5 of about 110 results (0.017 seconds)

Dec 31 1969 (HC)

Rampal Singh Vs. Murry and Co.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1900)ILR22All164

..... supposed to have known that in the event of infectious disease the articles used by the patient would have to be destroyed, there was an implied contract by them to make good the loss irrespective of any negligence; in other words to insure the owner against such loss. the prima facie inference ..... the nature and extent of his liability are shown by section 152 of the act which provides that the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in ..... disease and destroyed by the owner in order to prevent infection, there being no evidence of negligence on the part of the guest either in the contracting of the disease or in the use of the furniture during its continuance, and it being admitted that the destruction of the furniture was necessary. ..... to the hotel, 'that an incident of such illness as cholera is that articles used by the patient must be destroyed,' there was an implied contract by the defendant 'to make good any damage caused by the illness of his wife.' he accordingly dismissed the appeal. a further appeal by the defendant ..... usage of hotels in naini tal to claim value for destruction of property necessitated by death from any epidemic originating in the hotel itself.' no special contract varying the ordinary relation of innkeeper and guest in respect of the goods was alleged. the only issue framed by the assistant commissioner, which need be .....

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Dec 31 1969 (HC)

Gulab Chand and anr. Vs. Mansab Ali

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All85

..... must depend on whether or not section 23 of the indian limitation act, 1877, applies to this case. the damages are claimed in respect of the breach of a contract in writing registered within the meaning of article 116 of the second schedule of the indian limitation act, 1877, and, unless section 23 applies, the period of limitation is ..... 115 of the second schedule to the indian limitation act, 1877). it cannot be said that there were here successive breaches within the meaning of article 115. the contract was to pay the amount due on the 30th june 1871, if not previously paid, and on the failure to pay on the day appointed the breach of the ..... although in cases of this class interest for the delay of payment post diem ought to be given, it is on the principle, not of implied contract, but of damages for a breach of contract.' see lord selborne's judgment in that case.7. the mortgage-deed in question, so far as it bears upon this question, is as ..... . fowler, l. r., 7 h. l., 27, it was decided in the house of lords, (so far as the law in england is concerned) that in a contract for the payment of money borrowed for a fixed period on a day certain, with interest at a certain rate down to that day, a further ..... contract for the continuance of the same rate of interest after that day until actual payment is not 'to be implied, unless there is something to justify it .....

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Nov 27 1969 (HC)

Commissioner of Income-tax Vs. Maharaja Pateshwari Prasad Singh

Court : Allahabad

Decided on : Nov-27-1969

Reported in : [1970]76ITR208(All)

..... a debtor, the creditor is not at liberty to credit the payment towards the principal, but is under an obligation to credit the payment towards interest. section 60 of the contract act states: 'where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the, payment is to be applied, the creditor may apply it ..... first instance, towards the outstanding interest.' 6. in chaganlal shrilal v. gopilal choturam a.i.r. 1954 m.b. 151, it was held that sections 59 and 60 of the contract act provide that the debtor has, at the time of making payment, a right to intimate that the payment is to be applied towards the liquidation of a particular debt ..... recovery is or is not barred by the law in force for the time being as to the limitation of suits.' 9. it is true that section 60 of the contract act makes ho specific referenceto interest due. but, as explained by the madhya bharat high court, the principle of section 60 of the ..... contract act has been applied to a situation whereprincipal and interest are due from a debtor. in such a case when paymentis made by a debtor without any direction as regards .....

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Dec 08 1969 (HC)

Gupta Brothers Vs. Commissioner, Sales Tax

Court : Allahabad

Decided on : Dec-08-1969

Reported in : [1970]26STC115(All)

..... another state for delivery in the home state, the movement of the goods from that state into uttar pradesh would be a necessary incident of such a contract of sale.19. the view that i have taken is directly supported by a decision of this court in firm rabhubar dayal kallu mal v. state of ..... from one state to another within section 3(a) of the central sales tax act, when the movement 'is the result of a covenant or incident of the contract of sale and the property passed in either state'. the same view has been reiterated by the supreme court in the cement marketing co. of india (private) ..... this submission he relies on two facts :(a) that according to the terms of the contract the company was to effect sale in favour of the assessee at firozabad and(b) the railway receipts which are the documents of title were retired by ..... kerosene oil so imported.11. mr. gupta, however, contends that it is clause (c) which applies. his argument is that although there was a prior contract of sale between the assessee and the company yet the property in the goods passed to the assessee only after the goods had crossed into uttar pradesh. for ..... cannot be accepted that it is caltex limited which imported the kerosene oil into uttar pradesh and then sold it to the assessee. there was a prior contract of sale between the company.and the assessee and in consequence of it the kerosene oil moved into the state of uttar pradesh. it may be that .....

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Dec 31 1969 (HC)

Binda Prasad Vs. Madho Prasad and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All129

..... of consent on the part of the plaintiff the court had no power to vary the contract and direct payment by. instalments, but if it had that power, i am of the same mind with my honourable colleague, that there was no ..... in the case before the court the plaintiff sought not only a money-decree but a decree for the sale of the property in pursuance of the contract by which it was specifically affected, and therefore, if the construction i incline to put on the terms of section 210 be right, in the absence ..... by ordering payment by instalments, the court may be well intrusted with a discretion to arrange the payment of a debt by instalments, but when a contract is distinctly made for payment on a date certain for the purpose of enabling the creditor to obtain punctual payment, the circumstance that the payment is secured ..... instalments of rs. 800, and should bear interest at the rate of 6 per cent. the plaintiff has contended in appeal that the decree varies the contract specifically affecting the security, and that the court was incompetent to direct payment of the mortgage-debt by instalments, that if it had the power to do ..... as money-decrees, and not to decrees in which a sale is ordered of immoveable property in pursuance of a contract specifically affecting the property.3. there are some instances in which debts are contracted without any specific agreement as to the time of payment, and when it is shown that dealings have been .....

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Dec 31 1969 (HC)

Ram Parshad Bhagat Vs. TajuddIn Khan

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All217

..... would have boon a suit for that which was to he paid, delivered, or rendered by the tenant, but inasmuch as in the case referred there was no such alternative contract, the only suit for rent in its strict, sense which the landlord could have brought would have boon a suit for the share of the crop, and in claiming the ..... 'whatever is to be paid, delivered or rendered by a tenant on account of ins holding, use, or occupation of land': by which i understand to be meant that the contract or agreement for rent may be either that it be paid in money or delivered in kind or by services to be rendered. it does not mean that the rent ..... is not the stipulated rent, but an equivalent for it; or, in other words, damages for the tenant's breach of contract by having failed to pay it. a suit for damages on account of such a breach of contract would he not in the revenue, but in the civil court, and the period of limitation applicable to such a suit would ..... contractor understanding to deliver a certain share of the crop as the rent of the holding, and there was no contract or understanding to pay money in the event, of a, failure to deliver the share of the crop. if the contract or understanding had been in the alternative, for the delivery of the crop or its market-value at the date .....

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Dec 31 1969 (HC)

Madho Ram Vs. Mulchand and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All421

..... bills, and the like, in which our courts daily interfere to relieve parties in variation or even in contradiction of the written terms of an instrument of contract, to which they were parties on the one side together.2. taking this view, we over-rule the contention of the appellants on this point, and ..... terms of the vendees' joint liability under the contract of purchase and sale from their vendor, but only to show as between themselves, the two vendees to wit, which was the real purchaser, or rather whether ..... not apply to questions, like that of the present case, raised by the parties on one side inter se, and not affecting the other party to the contract, touching their relations to each other in the transaction. the evidence in this respect would be offered not to vary, contradict, add to or subtract from the ..... to any such instruments,' the words ' the parties' being rightly read to imply the persons who on one side and on the other came together to make the contract. in the case before us, the ' parties' in this sense would be the vendor on the one part and the two vendees on the other part. 'as ..... vendor's claim for the price, or for any other relief properly arising to him out of the contract, on a plea intended to show that one of the two was a nominal party only to the contract. similarly one of the several obligors of a bond or bill of exchange would not be allowed in .....

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Dec 31 1969 (HC)

Debi Prasad Vs. Rup Ram and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All577

..... under the excise laws can transfer the license or sub-lease it to any person, and that it would be defeating the policy of the law if such contracts were to be allowed. this view is based not only upon the general principle that anything which defeats statutory provisions or is against the public morals should not ..... within the rule that a contract which is illegal, or is contrary to public policy, cannot be enforced.' we are of opinion that the general effect of those cases and especially the last ..... court in judoonath shaha v. nobin chunder shaha, 21 w. r., 289, where sir richard couch, in dealing with the bengal excise act, held that ' a contract by which a licensee lets the shop and the use of the license for a fixed term, receiving rent, is contrary to the policy of the law, and comes ..... authority to support the proposition that the restrictions upon sub-leasing a license are intended only for the protection of the public revenue and do not vitiate the contract entered into by a licensee with a third party. so far as that case is concerned it is enough to say that regulation vi of 1819, upon ..... (xxii of 1881).4. we therefore hold that the sub-letting of the license was an action contrary to law within the meaning of section 23 of the contract act (ix of 1872) and as such not enforceable by us as a court of justice.5. mr. conlan in arguing the case on behalf of the .....

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May 08 1969 (HC)

J.K. Manufacturers Ltd. (Formerly J.K. Cotton Manufacturers Ltd.) Vs. ...

Court : Allahabad

Decided on : May-08-1969

Reported in : AIR1970All362; [1970]26STC310(All)

..... that there is an understanding between the dealers that the purchasing dealer will furnish form iii-a to the selling dealer or even that there is a contract between them to that, effect. breach of contract is not unknown, and there will always be a case, no matter what the understanding or thecircumstances, where form iii-a is not supplied by the .....

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Dec 31 1969 (HC)

In Re: Gajraj Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All585

..... . in the present case, upon failure to deliver the rab, the plaintiff was entitled under the contract to recover damages for such on delivery; but it by no means followed as a matter of course that a court would give him the full amount provided ..... was a party, and to concur in the views expressed by garth, c. j., upon the subject of a penalty clause, the sum named in a contract to he paid in case of breach is not necessarily recoverable in toto. on the contrary, it only fixes the extreme amount beyond which compensation cannot be assessed ..... appear to fall within two definitions. first, it is an agreement for the delivery of rab with a provision for damages in case of breach of the contract to deliver, and next it is an hypothecation bond of certain moveable property, to wit, the produce of a sugar-cane field, as security for the payment ..... in regard to both descriptions of the instrument is the same, but it is the highest that can be charged in either view of the instrument, the contract made by it being obviously one and the same.4. the result is, that having regard to the provisions of the stamp act to which i have ..... stamp-duty chargeable on the instrument submitted to us in this reference is, in my opinion, four annas. the instrument itself, although really one and the same contract or agreement, is of a double character: it is a bond within the meaning of that word as given in section 3, sub-section 4 (c), because .....

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