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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Page 11 of about 3,806 results (0.028 seconds)

Jun 12 1913 (PC)

Shiba Prosad Samanta Vs. Rakhalmani Dasee

Court : Kolkata

Reported in : (1914)ILR41Cal130

..... the putni lease to which i have already referred is in wide terms; and is in effect an indemnity against poolbundi charges. the first point, therefore, we have to consider is whether that in respect of which the zemindar now intends to advance a claim is a poolbundi charge ..... that it is clear it was within the intention of the parties to include such a poolbundi as that with which we are now concerned. indeed the basis of the contract between them must have been that the putnidar was to be exempt from all charges to which the term poolbundi could reasonably be applied. therefore, i think, this second point ..... the agreement, so that the plaintiff is within the provisions of the law which require that it should be shown that there is reason to apprehend the breach of the contract on which he relies. therefore, i think the suit is properly conceived. the only question then is whether the plaintiff has the contractual rights which he claims. the clause in ..... fail to see the fine distinction which embarrassed the learned judge in reference to this point. the government is in no way prejudiced by this contract between the zemindar and the putnidar. it is merely a contract that the zemindar will bear, as between him and the putnidar, certain charges. if the government have any right against the property of the putnidar .....

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Dec 21 1998 (HC)

M/S. United India Insurance Co. Ltd. Vs. B. Hemawati and ors.

Court : Kolkata

Reported in : 2001ACJ749,(2000)2CALLT449(HC)

..... accident. the driver of the car faced an action for damages. the question was whether the insurance policy would enable the said driver to claim indemnity from the insurance company. on a consideration of the terms of the policy, the court held that the company would be liable to indemnify him. ..... the effect that even presuming without admitting that truck on the date of incident was carrying more than six collies still, according to him, the contract of insurance is not vitiated. firstly, it was argued that respondent no.2, insurance company cannot take the aforesaid plea of the breach of conditions ..... terms appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. thus the contract between the insured and the company may not provide for all the liabilities which the company has to under take vis-vis the third parties, ..... course of the judgment, the court said :'the act contemplates the possibilities of the policy of insurance undertaking liability to third parlies providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... for hire or reward and the insurer cannot be held liable under the act. but that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers, could also be covered. in such .....

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Apr 23 1936 (PC)

Zubaida Sultan Begum Vs. Dawood Ismail Makra and ors.

Court : Kolkata

Reported in : AIR1937Cal407,175Ind.Cas.895

..... -a which from the practical point of view, excluded the possibility or any enquiry such as is necessary to decide whether a trustee has or has not a right of indemnity. this caused my original misgivings in the matter. it seems to be more than doubtful whether a mere statement by the lender in any affidavit on application under ch. 13 ..... as to theory and practice are to be found in the portion of the judgment which is set out in the foot-note below. (3) with regard to wakfs and contracts with mutawalis, i am relieved from considering the position because this court on the appellate side has recently dealt fully with the point in sailendra nath palit v. hade kaza ..... to shebaits in mackintosh burn v. shivakali kumar mackintosh burn ltd. v. shivakali kumar : air1933cal668 , i was careful to avoid any expression of opinion as to the rights of persons contracting with shebaits: see mackintosh burn ltd. v. shivakali kumar : air1933cal668 . i was, however, compelled to deal with this question in shastri v. the trustees of the tirupati tirumali devasthanam reported ..... : air1932cal356 . it was in that case contended by counsel for the plaintiff that persons contracting with mutawalis are entitled to rights as extensive as persons contracting with shebaits. this contention was rejected, and it was held that the mutawali in contracting has, so far as creating liabilities on the wakf property is concerned, powers no more extensive than those .....

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Jan 13 1931 (PC)

In Re: Shaw Wallace and Co.

Court : Kolkata

Reported in : AIR1931Cal676

..... damages and the question of indemnity doubtless would overlap in the circumstances of these agencies, and in the case of the burmah oil company we knew that the sum of rupees 12 lakhs ..... of the figure that is arrived at by means of the application of that test.13. no doubt cases like the present where the assessees had no contract for a fixed term of years may present features which render this line of reasoning less convincing. when a clerk is given three months wages 'in ..... that exemption, the circumstance that the receipt is casual or nonrecurring does not ground any claim to resist the tax. but if a has a favourable contract of service for ten years at a salary of 500 per annum more than any other employer would give him, and if at the end of ..... no meaning in the section; and it is at least arguable that what the draftsman meant to say is that when there is no express or implied contract that the agency should continue for any fixed period reasonable notice must be given of the revocation or renunciation of the agency &c.; the question of ..... principal, yet this rule is subject to exception arising from the particular circumstances of the case: and in india the matter has been dealt with by the contract act. section 206 lays down:reasonable notice must be given of such revocation or renunciation: otherwise the damage thereby resulting to the principal or the agent, .....

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Aug 21 1984 (HC)

Commissioner of Income-tax Vs. Janata Medical Stores

Court : Kolkata

Reported in : (1985)46CTR(Cal)340,[1985]155ITR377(Cal)

..... -partners. a salaried partner too is often given such an indemnity either expressly or impliedly by provisions which make the partners entitled to the residual profits exclusively liable for losses.'13. learned advocate for the assessee contended that ..... the others against losses ; and the very fact that these latter become, or agree to become, partners is quite sufficient consideration to give validity to a contract that they shall be indemnified. such agreements appear, moreover, to be reasonable, where the partners indemnified leave the whole management of the concern to their co ..... persons who have agreed to share the profits of a business carried on by all or any of them acting for all.' section 13 : 'subject to contract between the partners ... (b) the partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm ..... division bench of the allahabad high court is cited for the following observations made in the context of section 239 of the indian contract act defining a partnership (p. 540): 'an agreement to share the loss is not a necessary ingredient of a partnership under the indian ..... contract act.' (c) b.c.g.a. (punjab) ltd. v. cit . this decision of a full bench of the lahore high court .....

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Dec 08 2011 (HC)

Shri Ramji Yadav Vs. Union of India and anr

Court : Kolkata

..... general conditions provide for the sale to be on "as is where is" basis and with no liability to seller railways in terms of any indemnity or warranty. the petitioner did not pay the balance sale value within the time stipulated. there was an understandable time-lag between the date fixed ..... parentheses in the opening lines thereof: "23. in the event of any questions, dispute or difference arising under these conditions or in connection with this contract (except as to any matter decision of which is specially provided for by this conditions) the same shall be referred to the arbitrator........" the railways ..... auction sales and says that a reference to such general conditions will be evident from the opening lines of the bid sheet that forms the contract between the parties. the petitioner says that there is a dispute between the parties as 4 to whether the railways were entitled to forfeit ..... balance payment or attempt to take delivery of the goods within the stipulated dates or even within any reasonable period thereof. by september, 2005, the contract was cancelled. in january, 2008, came the petitioner's first gambit in trying to recover the earnest deposit. a notice was issued to the ..... restricted. this petitioner participated at an auction for purchase of some condemned wagons. the earnest money was deposited. the bid sheet, which is the contract between the parties, specified the date within which 2 the balance sale value had to be paid and the time by which the delivery had to .....

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Dec 17 1962 (HC)

Golden Soap Factory (P) Ltd. Vs. Nakul Chandra Mondal

Court : Kolkata

Reported in : AIR1964Cal217,67CWN728,(1963)IILLJ580Cal

..... contractor by way of indemnity. the learned commissioner disbelieved the story of the appellant that the workman had been engaged by probodh, the company's labour contractor. the company did not produce any of its ..... compensation from his employer. exception is found in section 12(1) of the act which gives the workman a right to recover from the person who has entered into a contract with the workman's immediate employer and in that case section 12(2) becomes operative and the principal who has engaged the contractor has a right to recover from the ..... acting in the course of his employment, that is, when he is doing something in discharge of a duty to his employer directly or indirectly imposed upon him by his contract of service and the word 'employment' covers and includes things belonging to or arising out of it. but under the indian law, an employer is he, who controls the service ..... deceased employer and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall be deemed to continue to be the employer of the workman while he is working for that other person. under the english act .....

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Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. B.B. and C.i. Ry. Co. Ltd. and anr.

Court : Kolkata

Reported in : AIR1931Cal489

..... packages were in good condition.5. the next point is whether the railway company has got an absolute indemnity under the terms of the risk-note. now, lit appears to be clear from the risk-note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the conditions of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. the Bombay Baroda and Central India Railway C ...

Court : Kolkata

Reported in : 131Ind.Cas.31

..... packages were in good condition.4. the next point is whether the railway company has got an absolute indemnity under the terms of the risk note, now, it appears to be clear from the risk note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the condition of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Jul 07 1994 (HC)

Darjeeling Dooars Plantation Ltd. and anr. Vs. Regional P.F. Commissio ...

Court : Kolkata

Reported in : [1995(70)FLR573],(1995)ILLJ939Cal

..... commissioner had the option to proceed against both or either of them. it is for the petitioners to find out as to whether the petitioner no. 1 had obtained any indemnity from his seller as against such liabilities arising to the petitioner no. 1 for any periods prior to the date of the purchase. that matter as between the petitioner no ..... . 1 and its sellers is to be governed by the terms of the contract of purchase and/or its interpretation. so far as the provident fund authorities are concerned by virtue of the said section 17-b they are at liberty to proceed even .....

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