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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 8 of about 110 results (0.076 seconds)

Dec 31 1969 (HC)

Hardeo Das and anr. Vs. Hukam Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All322

pearson, j.1. the appeal must, in our opinion, prevail. the lower court has erred in applying the provisions of section 210, act x of 1877, to this suit, which is not a mere suit for money but asks for the recovery of the amount of a bond-debt by the sale of the property hypothecated in the bond section 210 was not intended to enable the courts to set aside and over-ride such a contract as that on the basis of which the present claim is laid. the security over the hyothecated property which it gave for the payment of the debt would be of little value, if it could be so set aside and over-ridden. the plaintiffs are entitled to an award against the defendants of the principal sum (rs. 12,000), with interest at the rate of twelve per cent, per annum to date of decree, and to interest from the latter date to the date of realization at the rate of six per cent, per annum, and to their costs with interest thereon at the same rate; and to be empowered to recover the amount of the bond-debt by the sale of the hypothecated property. the decree of the lower courts is modified accordingly; and the costs of this appeal are allowed.

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Dec 31 1969 (HC)

The Delhi and London Bank Ltd. Vs. Chaudhri Partab Bhaskar and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1899)ILR21All29

..... purchaser was inserted in the certificate fraudulently or without the consent of the real purchaser.*[section 260.--when the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights or for the perform-decree for specific per- ance of or abstention from any other particular act has beenformanee or restitution of made, has ..... the 9th paragraph it is alleged that the said properties were purchased at the sale of the 24th of december 1892, on behalf of the principal defendant, and any subsequent contract cannot affect the plaintiff's right. from this 9th paragraph has been developed the further case, viz., that the sales of the 24th of december 1892 were no sales at .....

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Dec 31 1969 (HC)

Karim-un-nissa Vs. Hira Lal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All780

..... a purchaser.7. the following rule of law laid down by lord st. leonards in vendors and purchasers, 14th edition, p. 1, is relevant:--'if at the time of the contract the vendor himself was not aware of any defect in the estate, it seems that the purchaser must take the estate with all its faults and cannot claim any compensation .....

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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)

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)

Atkinson Vs. Bradley

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All596

..... , might be rejected, as there was no danger of the tenant having been misled by it.14. the other english authorities, to be found in addison on contracts and in woodfall on landlord and tenant, go to show that it was formerly held that a notice to quit, which was accompanied by an intimation giving an ..... goes on to say: 'the notice must be explicit and positive. it must not give the tenant an option of leaving the premises or entering into a new contract. but it need not be worded with the accuracy of a plea;' and to this observation, relying upon certain cases, he appends a note to the effect ..... necessary, but there must be a reasonable certainty in the description of the premises, and in the statement of the time when the tenant must quit.' (parsons on contracts, vol. i, p. 514). what this means is, that the terms of the notice must make the matter so clear as to enable the tenant to take ..... to the present case, which is one of a lease for purposes other than those mentioned in the first clause, and therefore, in the absence of a contract or local law or usage to the contrary, we must take the lease to have been a lease from month to month, and subject to the provisions contained ..... the defendant. mr. hill referred to sections 106 and 111 of the transfer of property act, the former of which runs thus: 'in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year .....

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Sep 26 1969 (HC)

J.K. Cotton Manufacturers Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-26-1969

Reported in : [1970]75ITR592(All)

..... dated august 8, 1941. the term of the agreement was 20 years. after the expiry of about 3 years out of 20 years the assessee-company decided to terminate that contract of managing agency. the managing agents were paid a sum of rs. 2,50,000 as compensation.21. it is true that in the case of godrej & co. the court ..... was. explained by the supreme court that it cannot be said as a general rule that what is determinative of the nature of a receipt on the cancellation of a contract of agency or office is extinction or compulsory cessation of the agency or office. where payment is made to compensate a person for compilation of a ..... does not affect the trading structure of his business or deprive him of what in substance is his source of income, termination of the contract being a normal incident of the business, and such cancellation leaves him free to carry on his trade, the receipt is revenue. where by the cancellation of an agency the .....

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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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