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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: chennai Year: 1934 Page 1 of about 41 results (0.041 seconds)

Jan 30 1934 (PC)

imperial Bank of India Vs. P.L.A. Veerappa

Court : Chennai

Decided on : Jan-30-1934

Reported in : AIR1934Mad595

..... , namely ramajogayya v. jagannadhan 1919 mad. 641 in which the majority of the full bench held that no decree can be passed against a minor or his estate on a contract entered into on his behalf by a guardian under which covenant no charge is created on the estate except in cases in which the minor's estate would have been ..... certain lands on lease in their own names, but as was alleged for the benefit of the minor, neither the minor nor his estate could be made liable on the contract. in view of these decisions it was held in sauka krishnamurthi v. bank of burma (1912) 35 mad. 692 that the rule which makes a minor member of a joint ..... with powers larger than are reasonably proper for carrying on the business, that the creditors can proceed against the minor's estate only where the guardian would be entitled to indemnity for the liabilities properly incurred out of the assets of the minor embarked in the business, and that where the guardian has no such right to ..... indemnity against the assets of the business or where he has acted improperly the creditors have no right against the assets of the minor's business. it was also held that .....

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Mar 14 1934 (PC)

Muhammad Esuff Rowther Vs. M. Hateem and Co.

Court : Chennai

Decided on : Mar-14-1934

Reported in : AIR1934Mad581; 153Ind.Cas.111

..... the above considerations that in the present case the contract was completed at the place of his business which is within the jurisdiction of the tiruvarur court and the parties intended that the performance was to be ..... the decision just quoted i must hold that the contract was intended to be performed at the place of business which is within the jurisdiction of the district munsif's court of tiruvarur. it follows from ..... rate, in kasganj and the suit was rightly brought there. in the present case the learned district munsif would have concluded that the performance of the contract was intended to be within the jurisdiction of the tiruvarur court but for the fact that the goods were sent per v.p.p. having regard to ..... articles were sent per v.p. from delhi it must be assumed that the cause of action arose at delhi, that is, the performance of the contract should be considered to have taken place at delhi. this argument was overruled by the learned judges. they held that in spite of the fact that ..... time when and at the place where the letter of acceptance is posted.4. exhibit 2 was posted at vijayapuram. it would follow from this that the contract was made in vijayapuram. another -circumstance having a bearing on the question of jurisdiction is also referred to by the learned district munsif in this paragraph. .....

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Dec 19 1934 (PC)

Chava Ramanayudu Vs. Suryadevara Seetharamayya and ors.

Court : Chennai

Decided on : Dec-19-1934

Reported in : AIR1935Mad440; 155Ind.Cas.544; (1935)68MLJ570

..... by the first defendant. the district judge held that since the license relating to the year in question had not been produced, there were no grounds for saying that the contract of partnership was illegal. the license, however, was produced in second appeal and was sought to be admitted in evidence* but anantakrishna aiyar, j. refused to allow it to be ..... the retrial, the first defendant put in an additional written statement contending that the partnership in question was illegal and opposed to public policy. the district munsif found that the contract of partnership was illegal and opposed to public policy. the district judge on appeal reversed the decision and the case came up on second appeal before anantakrishna aiyar, j. the ..... ! of odgers and madhavan nair, jj., plaintiff lent a sum of money on a promissory note to a partnership. the partnership consisted of defendants 1 to 3 and took a contract of sale of arrack in certain shops and borrowed money from the plaintiff for the purpose of that business. first of all, in the opinion of odgers, j., the business ..... and c on the other being to enable c to sell opium without a license, an act directly forbidden by the opium act and made penal by it, that the contract being intended to enable c to do-what was forbidden by law was unlawful and void, that the provisions of the abkari and opium acts are not intended, merely to .....

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Nov 07 1934 (PC)

S.S. Subramanya Sastry Vs. Sheik Ghannu and ors.

Court : Chennai

Decided on : Nov-07-1934

Reported in : AIR1935Mad628

..... present to execute a deed of sale in favour of the defendants in the same manner as is done in the case of a suit for specific performance of a contract of sale. after the execution of such a document by the plaintiff or by the court in his behalf in the event of his failing to do so the defendants .....

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Feb 20 1934 (PC)

K.C.A. Arunachala Nadar and ors. Vs. Srivilliputtur Municipal Council

Court : Chennai

Decided on : Feb-20-1934

Reported in : AIR1934Mad480

..... wisdom of counsel's conceding the point in mahomed ibrahim v. commissioners for the port of chittagong : air1927cal465 mad. of his commentary on the contract act but he only follows the english decisions. it would be dangerous to ignore the plain, statutory provision of section 65 and argue as though the ..... assumption that a municipality is a person who can make agreements. the act itself seems to assume as much, for even under section 45 a contract below rs. 100 is left to its unhampered direction. the act does not specially empower municipalities to make agreements, and then prescribed the form ..... is considering the welfare of the community as a whole, and there is no cause; for surprise that while making special provision in terms as regards contracts, it left agreements to be governed by the general law. mr. srinivasa ayyangar argues that the special overrides the general; a maxim of universal ..... question would seem to be that the municipalities act is silent about and therefore not concerned with such an agreement. the distinction between agreements and contracts is well known and it would have been quite easy to provide that every agreement made on behalf of a municipal council shall be immune ..... 29 mad. 360 and evidently influenced walsh, j., in our present case. it was held in allahabad that section 65 cannot apply to a contract void ab initio and it was also suggested hypothetically that if a court were to hold otherwise it would render nugatory the salutary provision of the .....

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Nov 19 1934 (PC)

Chinnayya Naidu Vs. Srinivasa Naidu

Court : Chennai

Decided on : Nov-19-1934

Reported in : AIR1935Mad206; 160Ind.Cas.1069

..... and independent of, the bill but is contemporaneous with it, the lender, when the note turns out to be invalid, can fall back upon the original contract, express or implied, arising from the loan. in the result, the lower court's decision is set aside and it is directed to 'return findings, after ..... c.j., distinguished that raling (and in fact dissented from it, though it is not so stated) and the lender was allowed to sue on the implied contract arising from the loan. in krishnaji narayan v. rajmal manikchand (1900) 24 bom. 360, already cited jenkins, c.j., after observing that the lower court ..... in the evening and executed an unstamped promissory note, representing that no stamp was available. on those facts it was held that there was a completed contract independent of the note, which must be deemed to have been executed on account of the loan made previously. the facts of this case are ..... note was not stamped and the plaintiff was not allowed to fall back upon the contract evidenced by the loan. a similar view was taken in muthu sastrigal v. viswanatha pandara sannadhi 1914 mad. 657. there the loan was treated as ..... radically opposite views which have found expression in two sets of decisions. in pothi reddi v. velayudasivan (1887) 10 mad. 94 the terms of a contract to repay a loan of money having been settled and the money paid, a promissory note embodying those terms was executed later in the day. the .....

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Dec 13 1934 (PC)

Paparaju Veeraraghavayya Vs. Kilaru Kamala Devi and ors.

Court : Chennai

Decided on : Dec-13-1934

Reported in : AIR1935Mad193; 157Ind.Cas.1104; (1935)68MLJ67

..... the obligation arising previous to the attachment. in that case it was held that a conveyance of a property executed after its attachment in pursuance of a contract dated before the attachment, should prevail. there, no doubt, the conveyance was not a private transfer but was obtained under a decree for specific performance, ..... annexed, in the words of section 40, to the ownership of such property. section 54 of the transfer of property act says no doubt that a contract of sale does not create an interest in land, but in virtue of the provisions i have referred to, it creates an obligation of a fiduciary ..... the person who had purchased the property at an execution sale and ask that he should perform the contract for sale.7. in other words, to take a concrete case, if the purchaser under the contract of sale had before the attachment paid half the purchase-money, he could compel the person, who ..... his own account but in trust for some other person (order 21, rule 60). a party in whose favour there is a contract of sale, can enforce specific performance of that contract as stated above against a transferee with notice. the illustration to section 40 of the transfer of property act runs thus:a ..... section 40 of the transfer of property act (as amended by act of 1929) a purchaser under a contract of sale of land is entitled to the benefit of an obligation arising out of that contract and it provides that that obligation may be enforced inter alia against a transferee with notice. section 91 .....

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Aug 07 1934 (PC)

Vepa Suramma and anr. Vs. Chakka Venkayya and ors.

Court : Chennai

Decided on : Aug-07-1934

Reported in : AIR1934Mad695; 152Ind.Cas.617

..... paid on the due dates. this argument therefore fails.3. the other argument on behalf of the appellants was put as follows : under the explanation to section 74, contract act, the stipulation for increased interest from the date of default may be a stipulation by way of 'penalty' and the lower court has in this case in exercise ..... cannot be enforced by way of charge on the property. but that is not the position here. the interest upon interest is clearly part of the contract; the fact that under section 74, contract act, the court is given power to reduce that rate under certain contingencies does not make the interest at the reduced rate any the less a ..... case in motan mal v. mahomed bakhsh 1922 lah. 254. the full bench there took care to point out that neither by the most liberal interpretation of the contract nor even by any kind of implication therefrom, would it be possible to say in that case that interest was payable under the ..... . therefore the mere use of the expression penalty or damages ought not to be understood as amounting to a claim outside the contract.4. another point was suggested by mr. lakshmanna, relating to the claim for interest upon interest after 1912. that point was not raised either in the court ..... contract. therefore they treated it as a claim for damages pure and simple. in that sense, it would not really form part of what is spoken of in .....

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Jan 20 1934 (PC)

Krishnaswami Ayyar Vs. T.B. Ramachandra Rao and ors.

Court : Chennai

Decided on : Jan-20-1934

Reported in : AIR1934Mad646

..... , tulaja boyee got the suit house 'belonging to the deceased. a creditor of the widows filed o.s. no. 275 of 1872 against them for the recovery of a debt contracted by them after their husband's death. a decree was obtained and in court auction in execution of the decree, the house was sold and purchased by the decree-holder .....

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Mar 29 1934 (PC)

iswara Shetty Vs. Ramappa Shetty and ors.

Court : Chennai

Decided on : Mar-29-1934

Reported in : AIR1934Mad658

..... the appellant, to pay rs. 276-4-0 to appanna rain, the other mortgagee. but this does not amount, on a proper construction, to any contract limiting the appellant's liability to bear the burden of a covenant for quiet enjoyment. it only mentions the amount which the parties them thought sufficient to ..... held entitled to recover. this was clearly a case under clause (g), section 108, but the decision was based upon the general provisions of section 69, contract act.8. the case in yogambal boyee ammani ammal v. naina pillai (1909) 33 mad. 15, was not one of lessor and lessee and was ..... defendant. this was clearly a case not governed by clause (g), section 108, t.p. act, but by the general provisions of sections 69 and 70, contract act. the case in mt. faiyazunnissa v. bajrang bahadur singh 1927 oudh. 609, was one of land revenue payable by the lessors under a permanent lease. ..... and defendant 1 had in fact the benefit of the payment by the appellant and he thought that the conditions required by sections 69 and 70, contract act, were satisfied. having so held against the theory of voluntary payment, the learned subordinate judge also rejected the theory of the plaintiff's right being ..... that the plaintiff was a mere volunteer and that he was not entitled to recover anything as he did not satisfy the conditions of section 69, contract act, and although he worked out the figures which the plaintiff and defendant 1 would have to contribute in case the plaintiff was entitled to contribution, .....

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