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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 6 of about 110 results (0.025 seconds)

Dec 31 1969 (HC)

Gopi Vs. Kassa Mal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All120

..... that is all that was meant by this provision in the contract before us. again, mr. conlan contended that the words 'take the loss to the extent of my share from me' mean that kassa mal was to pay ..... the accounts for the purpose of kassa mal paying up any losses which might then be ascertained. the stipulation is of a kind which is usual in partnership contracts, namely, that accounts are to be taken periodically, and that these accounts are to form the basis of the profit and loss account between the partners themselves. ..... plant; and that it is only natural that the man who is to provide the working capital should keep in his own hands the power of making the contracts out of which profit or loss to the concern may arise. this is what it was agreed nanak chand might do. then mr. conlan argues that the ..... the agreement, upon the face of it, is diametrically opposed. it is true that it is provided that there is to be a contract of partnership for a year certain, but the contract was not to be determined at the end of the year unless the partners then wished to separate their shares; so that the partnership ..... that the cases which i have referred to do not apply.4. mr. conlan has asked us to put upon this contract a construction which, in my opinion, it does not bear. he says that the contract, dated the 4th july 1881, was one by which, so long as this business continued, there were to be .....

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Dec 31 1969 (HC)

Sheo Parshan Ram and ors. Vs. Rikhi Ram and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1896)ILR18All316

..... .e., the mortgaged property could not be sold under section 88 (or rather section 89) in respect of damages which might be decreed for breach of contract to pay, although, if the mortgaged property is in the possession of the mortgagor, no doubt the decree for damages, which would be a decree for ..... the mortgage, or which they thought was secured by the mortgage, but interest in the shape of damages.2. the first court held that there was no contract, express or implied, to pay interest post diem. the lower appellate court, relying on the use of the adjective 'sudi' in the mortgage bond, held ..... find that they claimed up to the due date of the mortgage, which was seven years from the 20th of october 1879, the principal and interest contracted to be paid by the mortgagor, and after due date they claimed interest at a different rate on, the sum of the principal moneys and of ..... the parties intended to contract for post diem interest. that is a decision bearing on the meaning of the term 'sudi' in a contract of mortgage. in our opinion the district judge misinterpreted the mortgage deed. all moneys lent upon ..... court, having before it the views of the district judge as to the effect in a mortgage contract of the use of the adjective 'sudi,' held that there was absolutely no express provision in the contract for post diem interest and that there were no sufficient materials for the court finding by implication that .....

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Dec 31 1969 (HC)

Girdhari Lal Vs. W. Crawford

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All147

..... has done. in the present case, the judge has held that there is no express or implied agency, and the circumstances under which the debts were contracted support this view. it is not a case where agency might be implied, as for instance, of money lent to a wife to meet some emergent need ..... fact. this is so, even where the husband and wife are living together, and where the debts are contracted for necessary purposes, if, however, it is merely a question of fact, the lower appellate court has recorded a distinct finding upon that question, and there ..... debenham v. mellon, 6 app. cas. 24; l. r., 5 q. b. d., 394, namely, that the liability of a husband for debts contracted by his wife depends upon the general principles of agency, and that whether agency has or has not been proved in a particular case is always a question of ..... money to be applied in the purchase of medicines and other necessaries. although at common law it has been held that there is a distinction between debts contracted for necessary purposes and loans taken for the purpose of paying such debts, no such distinction obtains in equity.10. mr. a. strachey, for the ..... is no ground for interference in second appeal. further, it has not been shown that the debts in this case were contracted for necessary purposes, and the action of the respondent in giving his wife an allowance sufficient for necessary purposes excludes the supposition that he intended to .....

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Dec 31 1969 (HC)

Gokaran Prasad Vs. Balwant Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All519

..... owing to the plaintiff's apathy, to collect the rents of his shares as well as of his own. nor did he collect in pursuance of a contract. he is more in the position of an intermeddler who collected in defiance of the plaintiff's wishes. if i am restricted to the alternative indicated in ..... each of the years the actual collections fell short of the expenses. i do not think it can be contended that the defendant collected in pursuance of a contract or agreement, either express or implied. on the contrary, it appears from the documentary evidence that the plaintiff has all along, but in vain, endeavoured to ..... of such negligence. in the latter event, in the event of its being found that there were rents relating to the one-third, which the defendant had contracted to collect, and which had been lost to the plaintiff at the date of the commencement of this action by reason of the negligence of the defendant, ..... the defendant has actually accounted for the rents which be did, as a matter of fact, receive. if, on the other hand, the collections were based on contract, the lower court should find whether he was guilty of negligence; and, if guilty of negligence, whether the plaintiff lost his right to recover at the date of ..... had collected the rents of the one-third share as a volunteer, or whether he had undertaken to collect them as a matter of contract.2. if as a volunteer, he could not be made liable for any greater amount than ho actually collected. as volunteer, there would have bean no .....

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Dec 31 1969 (HC)

Jhinguri and ors. Vs. Durga and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All511

..... enforceable by law is a contract.' 'contract,' therefore, means a valid agreement enforceable by law. clause (d) of the same section defines 'consideration,' and section 23 specifies what considerations are lawful and what are ..... the rights which the occupancy-tenants possessed.4. the second point before us relates to estoppel. it is said that whatever, may be the object of the contract contained in the deed, and however illegal it may be, the zamindars consented to it, and cannot now maintain that it is void. the fundamental principle ..... within the terms of section 23 of the contract act, which makes the consideration of an agreement unlawful when it is of such a nature that, if permitted, it would defeat the provisions of he ..... of several considerations for a single object is unlawful, the agreement is void.'3. now, the sale-deed of the 5th july 1879, was undoubtedly a contract entered into at a time when act xviii of 1873 was in force. there can be no doubt that its object was such as to bring it ..... is, whether or not the sale-deed of the 5th july 1879, is contrary to law, and therefore void. i may here refer to section 2 of the contract act, and in particular to clause (g) of that section: 'an agreement not enforceable by law is said to be void,' and clause (h)--'an agreement .....

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Dec 31 1969 (HC)

In Re: Bish Nath

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1875)ILR1All318

..... sale-deed recites no previous contract or agreement, the repudiation of it is express, and there is also the serious fact that no consideration had passed upon it. it was suggested at the hearing that there ..... , and the like, are only signed by the seller or obligor, and no inconvenience is experienced from this where the instrument records a true contract. but when there is no evidence at hand of such a contract, the unilateral character of the instrument leaves it open to the alleged purchaser or obligee to repudiate it. in the ease before us the alleged ..... so we cannot say that petitioner may not be in a position to assert a claim under it as forming part of a contract. in entering on these questions, i think we go beyond the powers given by the act, which confines the inquiry to the question of the right, to have the document ..... since it is unilateral it can give to the petitioner no valid claim, and therefore he has no hens standi to appeal; the document by itself may make no complete contract, but it may go to form one; for it is possible that another forming the counterpart may have been executed completing the .....

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Dec 31 1969 (HC)

Kewal Singh and ors. Vs. Ram Sahai and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All672

..... by the sale. on this their lordships observe: 'it appears to their lordships that in all the cases--at least the recent cases--the inquiry has been what the parties contracted about, if there was a conveyance, or what the purchaser had reason to think he was buying, if there was no conveyance, but only a sale in execution of a ..... seems to me that in this case, which relates, as i have said before, to a sale which took place in execution of a simple money-decree and to a contract made between the father and the defendant out of which a loan was made to him, if the defendants in the suit that they brought to recover money from the ..... this court and by their lordships of the privy council, because here there was a mortgage which turned out to be a fraudulent act of akbar singh, and a simple contract-debt, and simple money-decree, and a sale in specific terms of the right, title and interest of the judgment-debtor. therefore the considerations that would arise in regard to .....

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Dec 31 1969 (HC)

Kalka Prasad Vs. Chandan Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All20

..... act to prevent the pledgee enforcing his security on moveable property. the court, having jurisdiction in a suit for the recovery of such property, has clearly jurisdiction to enforce a contract pledging such property.' on the other hand, pandit sundar lal contends that the suit is not of the nature of the small cause court suit contemplated by section 6 of .....

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Dec 31 1969 (HC)

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

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All227

..... being understood to lay down the rule that, even if the suit was one involving matters of the character mentioned in section 265 of the contract act, the ordinary civil courts would be precluded from entertaining it.duthoit, j.4. i am of opinion that a suit for dissolution of partnership is cognizable in the ordinary ..... such a suit as this the court will be called upon to take cognizance of matters which might have formed the subject of an application under section 265 of the contract act. but we need not go beyond the general character of the suit to see if it is cognizable by the ordinary courts; but i wish to guard myself against ..... the partnership concerns. it is a jurisdiction which is created by statute. if this was an application under section 265 of the contract act, i am inclined to think that the district court only could entertain it.oldfield and brodhurst, jj.,2. were of opinion that the suit, being one for dissolution of ..... is in effect asking the court to give effect to the partnership agreement. this is a relief which can be sought in the ordinary civil courts. section 265 of the contract act is intended to meet a different state of things. the winding-up of a partner' ship is the taking by the court into its own hands the settlement of .....

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Dec 31 1969 (HC)

Niamat Ali Vs. Asmat Bibi and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All626

..... have the contract rescinded, and the vendor and vendee put back into their original position, in regard to the land which was exchanged.brodhurst, j.7. i concur with the learned chief justice ..... opinion as to whether the pre-emptor can force the vendor or the vendee to take the value of the property exchanged, that not having been the object of the contract under which the exchange of land for land was intended. nor do i express any opinion as to whether the proper remedy of the pre-emptor was not rather to .....

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