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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Year: 1963 Page 1 of about 24 results (0.046 seconds)

Apr 10 1963 (HC)

Dantu Bhaskararao Vs. C.V.K. Rao

Court : Andhra Pradesh

Decided on : Apr-10-1963

Reported in : AIR1964AP77

..... to the defendants. the total quantity indented for during the year should not exceed, without the seller's consent, the maximum average of 350 tons per month. under this contract, the plaintiffs intended for and the defendants delivered total quantity of 1652 tons. by subsequent letters, they indented for further quantities. the defendants supplied a part of the ..... 1930.63. on receipt of this letter, the defendants repudiated their liability to supply 100,000 standards softwood goods. thereupon, the plaintiffs laid the action for breach of contract and ultimately succeeded in recovering damages for the breach. the point that arose for consideration was whether the clause in the agreement vesting the rightof option was merely an agreement ..... the prohibition only to those two kinds of contracts.52. this opinion gains support from the pronouncement of the supreme court in : [1961]2scr470 already referred to. there, a candidate was sought to be disqualified under ..... of disqualification. parliament, which is aware of the necessity to maintain the integrity and independence of the legislators, has chosen to confine the area of disqualification only to contracts for the supply of goods to the appropriate government and the execution of works undertaken by government. it must be taken that parliament has advisedly limited the operation of .....

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Feb 08 1963 (HC)

State Bank of Hyderabad Vs. Joint Family of Mukundas Raja Bhagwandas a ...

Court : Andhra Pradesh

Decided on : Feb-08-1963

Reported in : AIR1964AP236

..... to the changed circumstances. , such a relief cannot possibly be intended to be made available indefinitely or as a permanent feature lest the quandam jagirdars even in relation to debts contracted subsequently with full knowledge of their straitened resources may enjoy the relief of scaling down to the detriment of their ' must be remembered that in fixing the last ..... jagirdar with the result that the jagirdars, hissedars and maintenance-holders could ordinarily rest assured of a stable income from the jagirs. as a matter of fact, they used to contract debts and incur liabilities in expectation of such gains being continued with the intention of meeting them from jagir income; but the advent of the regulations, all of a sudden ..... in the execution proceedings. a further plea raised in the revision petition is that if on a true construction, section 25 (1) of the act is applicable to the debts contracted subsequent to the notified date referred to in section 11 of the act, that provision being violative of articles 14 and 19(1)(f) of the indian constitution is liable .....

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Jul 05 1963 (HC)

V. Basavayya Vs. N. Kottayya

Court : Andhra Pradesh

Decided on : Jul-05-1963

Reported in : AIR1964AP145

..... was punishable with a penalty, the unlicensed partners were responsible under the rules for the terms and conditions of the license.24. section 23 of the contract act runs as follows:'section 23. the consideration or object of an agreement is lawful, unless (i) it is forbidden by law or (ii) ..... revenue or whether its object or one of its objects-is to protect the general public or some class of the general public by requiring that the contract shall be accompanied by certain formalities or conditions, as, for example, registration in the case of a money-lender. in the latter case. it ..... penalty without declaring it to be illegal or void, the imposition of penalty by itself does not in our view have the effect of making any contract made in contravention of a specific provision of the statute -- illegal or void. it must further be seen whether 'he statute was designed as a ..... held that the arrangement under the partnership was not prohibited under the silk control order and that there was no contravention of section 23 of the contract act on the ground that the object of the partnership was opposed to public policy. the full bench decision of the madras high court in : ..... issued. under section 16, such a person is prohibited from transferring a ration document to any other parson ..... it is, therefore, obvious that 'any contract involving the transfer of a ration document not only contravenes the express prohibition' contained in section 13 of the order 'but also relates to an act which .....

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Jan 22 1963 (HC)

Md. Sultan and ors. Vs. Firm of Rampratap Kannyalal

Court : Andhra Pradesh

Decided on : Jan-22-1963

Reported in : AIR1964AP201

..... is transferred to the pledgee who is impliedly authorised to sell the goods pledged in case of default in accordance with the provisions of the contract act. in case of mortgage, however, a general but limited property is transferred to the creditor, but the possession may or may not be ..... and the estate of mortgagee is like a chattel, interest and personal estate, capable of devolving on his legal representatives. (vide sanjiva row on indian contract act, volume 2, p. 1280 and 1281). 11. the distinction between a pledge and a mortgage is that while under pledge there is only a ..... is applicable to indian conditions. it is only under this principle that the hypothecation or mortgage of movable property, although not specifically provided in the contract act, are valid and a decree can be passed in enforcement of such transactions. as an instance, section 16 of the madras civil courts act ..... 1939 lah 398. 8.-9. it has therefore to be recognised that although the hypothecation and mortgage of movables are not specifically mentioned in the contract act, but that act not being exhaustive law on the subject and as the abovesaid transactions have long been recognised as valid in india, these ..... pledgee fights only and of a sale only after notice and subject to certain limitations as is dear from the various provisions of the indian contract act. the distinction between pledge and ownership assumes importance when we consider the difference between pledge and mortgage. i am dealing with it later .....

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Aug 29 1963 (HC)

State of Andhra Pradesh Represented by Collector, East Godavari at Kak ...

Court : Andhra Pradesh

Decided on : Aug-29-1963

Reported in : AIR1964AP485

..... till after decision of the appeal in the specific performance suit. dhum singh's defence would have been that the debt was paid by virtue of the contract, and that defence must have prevailed if the suit were heard while the decree of 1831 still stood unreversed. it would be an inconvenient state of ..... singh's prior suit for specific performance was dismissed,their lordships pointed out that it had throughout been common ground to both disputants that there was a contract made between them and that among its terms were the sale of the villages for rs. 55,000/-, the retention by dhum singh of his debt ..... what kinds of actions do come within it and what kinds of actions do not.'then, the learned judge proceeded to observe as follows :'while privity of contract between the parties is of course not necessary to sustain such an action, i think there must be what might be called some privity of a legally ..... the strictest sense of the terms as understood in the courts of common law in england and that when the action is based not on any implied contract, but on the principle of ex aequo et bono article 62 would have no application and the residuary article 120 would, this decision is ..... all actions for money had and received to the use of the plaintiff whether they be actions which may be deemed strictly to be based on implied contracts or whether they be merely to enforce an equitable claim to the return of the money had and received. the learned judges repelled the argument that .....

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Jan 31 1963 (HC)

Chennupati Ramakotayya Vs. Myheni Lakshmanaswamy and anr.

Court : Andhra Pradesh

Decided on : Jan-31-1963

Reported in : AIR1964AP14

..... interest conflict. it is intended also to prevent the possibility of members' votes and other matters being influenced by the promise or receipt of beneficial contracts. and it is further intended to secure the honour and dignity, of the corporation itself by securing that there shall be no suspicion of the ..... government' and that there is no scope for equating the corporation to the state government. we have already stated that the purpose of the contract between the corporation and the firm of k.b.b.s. mining corporation, vijayawada is the extraction of the mineral from the mines and transporting ..... by that government. on the other hand, the stand taken by the learned counsel for the appellant is that irrespective of the question whether the contract was for execution of works, the corporation with whom the appellant had entered into the transaction in question could not be described as the 'appropriate ..... as it did not fall within the mischief of section 7(d).5. the election tribunal agreed with the contention of the first respondent that the contract between the appellant and the corporation offended against clause (d) of section 7 and held that consequently the appellant's election -was void. it ..... appellant had incurred a disqualification under section 7(d) by reason of the firm of which he is a partner having entered into a contract with the above-mentioned corporation for raising iron ore from the mines and for transporting the same' by road or canal and for stevedoring the .....

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Feb 05 1963 (HC)

A. Ramachandra Rao Vs. A. Venkata Lakshminarayana Sastry

Court : Andhra Pradesh

Decided on : Feb-05-1963

Reported in : AIR1964AP31

..... observed thus at page 315:'.................unless there is anything to the contrary in the statute itself, it is not permissible to import the provisions of other statutes, such as the contract act or the transfer of property act, to determine the rights of the parties. on the other hand, in this statute, section 17 has been enacted to make the provisions ..... would absolve the tenant from paying the rent, would be to confer a unilateral right on a tenant to dispute the rent in order to escape his obligations under the contract of lease and to get over the provisions of section 13 which confers a right on the landlord on default being made to get the tenant evicted.such could not .....

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Jan 04 1963 (HC)

Mutha Subbarao and ors. Vs. the Official Receiver, West Godawari at El ...

Court : Andhra Pradesh

Decided on : Jan-04-1963

Reported in : AIR1965AP52

..... father. (34) this case only lays down that a sale by the official receiver, either by himself or under orders of the court, pursuant to a contract of sale, of the share of the insolvent and his sons, is not affected by the attachment of the son and has no bearing on the question ..... , and the father has been adjudicated insolvent, a sale by official receiver, under the insolvency court's order, of joint family in pursuance of a contract of sale entered into by father prior to attachment is not contrary to sec. 64, and that the sale would be effective to convey not merely ..... shall not prejudice the rights of the attaching creditor, and that the date of the attachment qualified by the obligation incurred by him under the earlier contract to sell, and the attaching creditor cannot claim to ignore that obligation and proceed to bring the property to sale as if it remained the absolute ..... under sec. 28-a, the powers of the father under the mitakshara law to alienate the joint family property including the interests of his sons not contracted for an illegal or immoral purpose vests in the receiver on the adjudication of the father as an insolvent, and that sec. 28-a has retrospective ..... of a joint family has to alienate the joint family property, including his sons' share in the joint family property for paying his antecedent debts, not contracted for an immoral purpose. in case governed by the presidency towns insolvency act, this power vests in the official assignee under sec. 52(2) of that .....

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Dec 10 1963 (HC)

E.H. Hamberger, Diocesan Treasurer and Power of Attorney Holder of the ...

Court : Andhra Pradesh

Decided on : Dec-10-1963

Reported in : AIR1964AP504

..... taken with promptitude by the respondents, who instituted proceedings in the high court of judicature at bombay on the 12th march 1918, asking for a declaration that there was a contract and for a very large number of points of ancillary relief. they succeeded before both courts. it is against this decision that the appeal has been filed before their lordships ..... in the proceedings under the land acquisition act any sum for compensation other than that agreed by the contract and if the collector awarded more than that sum the excess would belong to the plaintiffs and if he awarded less the plaintiffs were bound to pay the full agreed ..... contended by the municipal corporation of the city of bombay for whom the land was acquired that there being an agreement between the municipality and the vendors-defend ants, that contract is binding on the vendors in terms of the letter from the plaintiffs dated 12th september, 1947, accepted by the defendants and that the defendants were not entitled to claim .....

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Sep 17 1963 (HC)

Tekumalla Rama Rao Vs. Durga Suryanarayana and ors.

Court : Andhra Pradesh

Decided on : Sep-17-1963

Reported in : AIR1964AP256

..... of the courts below that the agreement in question is unenforceable as it is forbidden by law within the meaning of section 23 of the indian contract act. the second appeal, therefore, fails and is dismissed with costs.27. the learned counsel for the 1st respondent represents that his client has ..... provisions of those acts that they were designed in furtherance of a public policy and the prohibitions contained therein would have the effect of declaring contracts or partnerships made in contravention of the provisions illegal and void.'23. it is therefore abundantly clear that the learned judges examined the exact ..... which involves such a contravention is prohibited and is therefore illegal; but when there is no imposition of a penalty, the question whether the contract is illegal should be determined on a consideration of the purpose behind the legislation. if the provisions are enacted for the purpose of revenue and ..... penalty is imposed.'18. we pause to notice here that the instant case falls within the express prohibition enacted in section 59(1) of the contract act (sic) and that a penalty is imposed for any contravention thereof under section 112 of the motor vehicles act, 1939. section 112 says ..... 16. we may in this context appropriately refer to the exposition of the point involved in this case by polock in his work 'principles of contract', 10th page 329 it is plated thus:'(a) when a transaction is forbidden, the grounds of the prohibition are immaterial. courts of .....

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