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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 1969 Page 9 of about 110 results (0.015 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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May 09 1969 (HC)

Lala Ram and anr. Vs. Bhajani

Court : Allahabad

Decided on : May-09-1969

Reported in : AIR1970All398

..... , the receiver had not accepted the highest bid of ratnasami pillai. the contention before the high court was that ratnasami pillai having made the highest bid, there was a concluded contract between him and the receiver. it is this contention which was repelled. therefore this case also does not lay down any general proposition of law which can be applied to ..... favour of a particular individual is not complete unless and until it receives the confirmation of the court and that it is the acceptance of the court that constitutes the contract. in this case, the auction was held by the receiver and ratnasami pillai was the highest bidder. when the bids were taken before the court for confirmation, it refused to .....

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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)

Basant Singh and ors. Vs. Dhan Singh

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All519

..... would relate to the fourth point, and this court could interfere in revision, because the court below had no legal authority and no power under the law to enforce a contract which the legislature in its wisdom had said shall not, under any conditions, be enforced.18. such, then, are my views in connection with the scope of section 622 of ..... the negative, the limits of the authority and power conferred upon them by law, or have acted in contravention of a positive prohibition. for instance, the law says an immoral contract shall not be enforced, because it is opposed to public policy, and if a court, in direct contravention of this prohibition, enforces such a ..... contract, there would, of course, be no question relating to any of the first three points which i have above enumerated in connection with jurisdiction; but the action of the court .....

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Dec 31 1969 (HC)

Kishan Lal Vs. Garuruddhwaja Prasad Singh and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1899)ILR21All238

..... is, however, not a scrap of evidence to show that the debt which formed the consideration for the bond in suit was contracted for any such purpose. indeed the details in the schedule show that such was not the case. a mere general allegation that the father led an extravagant, immoral, and licentious ..... reasons are not, in our opinion, sufficient to exonerate the son from the pious duty of paying his father's debt. had it been proved that the debt had been contracted for immoral purposes and that the person who advanced the money was aware of the purpose for which it was being borrowed, the son would not have been liable. there ..... prasad v. modan lal (1893) i.l.r. 15 all. 75, that a son can be sued jointly with his father to recover a debt contracted by the father if the debt had not been contracted for purposes such as would exonerate the son from the pious duty of paying his father's debt. we are therefore constrained to allow this appeal .....

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Feb 19 1969 (HC)

Bans Bahore and ors. Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-19-1969

Reported in : AIR1970All353

..... aforesaid limitation act was in force. section 29 of the limitation act 1908 reads as follows:--'29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the first schedule .....

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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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