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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Page 12 of about 3,806 results (0.025 seconds)

Dec 06 2012 (HC)

Larsen and Toubro Ltd. Vs. Visa Power Ltd.

Court : Kolkata

..... the claims of both the aforesaid sub- contractors have been settled and the respondent should face no embarrassment in such regard. though the respondent insists on the petitioner furnishing an indemnity in favour of the respondent against any claims that may be made by the sub-contractors engaged by the petitioner, since the agreement entitles the petitioner to take back the ..... machinery and equipment upon the completion of the work or the termination of the contract, the demand of the respondent does not appear to be reasonable. accordingly, the petitioner is permitted to remove all machinery and equipment from the site in the presence of the .....

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Aug 18 1933 (PC)

Gholam HossaIn Shah and ors. Vs. Sayed Muslim HossaIn and ors.

Court : Kolkata

Reported in : AIR1934Cal348,150Ind.Cas.124

..... in the interest of the endowment committed to their charge, in the matter of appointing a muttawali or manager, on terms and conditions set forth in an agreement evidencing a contract of service, which is valid and binding between the parties concerned. the plaintiffs in the suit cannot have the relief prayed by them, that the committee should be removed on .....

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Dec 20 1934 (PC)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Reported in : 163Ind.Cas.331

..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....

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Jun 15 1920 (PC)

Manindra Chandra Nandy and ors. Vs. Aswini Kumar Acharyya

Court : Kolkata

Reported in : AIR1921Cal185,60Ind.Cas.337

..... the expenses for maintaining or defending such an action. the object and intention of the special scale is to enable the successful litigant to obtain indemnity for his expenses in very special or unusual circumstances, which would not be covered by the ordinary scale prescribed for fill actions (other than short ..... the payment, was to be distributed over twenty years at the rate of rs. 2,500 a year. if the defendants had not wrongfully rescinded, the contract before the time for performance, had arrived, the plaintiff would have received rs. 2,500 annually for twenty years. the, result of the renunciation by ..... the date of the breach; nevertheless, they are to be a compensation for the loss caused by depriving the plaintiff of the benefit of the contract as it was originally made. the doctrine of anticipatory breach is not a doctrine which fictitiously moves the performance ahead to the time on the ..... alleges that he was paid rs. 5,000 by way of preliminary expenses, but has received nothing under the other two heads. the contract with the corporation was to be in operation for twenty years, and twenty lakhs cubic feet of stone metal were to be supplied annually. consequently, ..... in connection therewith; (2) brokerage at two annas for every hundred cubic feet of stone metal delivered to the corporation during the subsistence of the contract, and (3) two-fifths share of the profits of the business which was to be placed under his management for the same period. the plaintiff .....

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Jan 31 1924 (PC)

Nanda Lal Roy Vs. Gurupada Haldar

Court : Kolkata

Reported in : (1924)ILR51Cal588

..... of shares sold would no doubt correspond with those bought, but where this course was adopted it is impossible to say that there was a contract between the parties evidenced by bought and sold notes. the only solution is that the plaintiff in such a case himself was buying and himself ..... a groat measure related and cannot conveniently be separated. i propose therefore first to enquire into the relative positions of the parties under the indian contract act, passing therefrom to the question of the admissibility of evidence as to usage or custom, the existence and effect of which i shall then ..... damages. at a comparatively recent date the written statement was amended and by the amendment the defendant pleads that though the plaintiff entered into the contracts in the character of agent or broker for an undisclosed principal, in reality there was no principal. when the amendment was allowed, i was ..... exchange association he bought against the defendant. he alleges that he has sustained damages in the amount already stated.2. the defendant pleads that the contracts were gambling transactions. the plea of wagering has been abandoned and nothing was said about it at the hearing. he denies the alleged extension ..... entered into by the plaintiff?iv. if the defendant entered into the contracts with the plaintiff in the character of agent, (a) was the plaintiff acting in reality on his own account, (6) is the plaintiff entitled to any indemnity?v. is there a custom as alleged in paragraph 2 of the .....

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Mar 28 1924 (PC)

Mcleod and Company Vs. Ivan Jones and Company

Court : Kolkata

Reported in : 87Ind.Cas.218

..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... regard to the fact that a demonstration car with clincher tyres was given to him, as i find was a fact, before he entered into the contract, that the plaintiffs are now precluded from asserting that the export specifications did not provide for clincher tyres. under the circumstances i come to the conclusion ..... law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person, but the opinion which that very learned judge then expressed was dissented from and; if i may venture to ..... the consignee : if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent, and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....

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Jan 17 1944 (PC)

Upendra Nath Vs. Kumar Bimalendu

Court : Kolkata

Reported in : AIR1944Cal302a

..... 167, the madras high court said: 'the principal's duty to indemnify is no part of the contract (contract of agency). it is an obligation imposed by the law and is attached to the relation of principal and agent constituted by act of parties.' according to ..... 700 out of his own pocket in exercise of the authority conferred upon him by the defendant. under article 83, limitation act, a suit upon a contract to indemnify is to be brought within three years from the time when the plaintiff is actually damnified. in kandaswamy v. ayayambal ('11) 34 mad. ..... .2. the plaintiff was the defendant's agent for looking after the criminal litigations started by rasik chandra khan against the defendant. under section 222, contract act, the employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the ..... by the statute.' according to this decision of the punjab chief court, the liability of the principal to indemnify the agent under section 222, contract act, is a liability under a contract within the meaning of article 83, limitation act. in ram barai v. sheodeni singh ('12) 16 c.w.n. 1040, jenkins c. ..... j. and chatterjea j. observed: 'as the oontract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but .....

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Mar 18 1938 (PC)

Allianz Und Stuttgarter Life Insurance Bank Ltd. Vs. Hemanta Kumar Das

Court : Kolkata

Reported in : AIR1938Cal641

..... to these letters straightway, because mr. bar-well has sought to argue that in spite of what appears on the face of the policy itself, to the effect that the contract consisted of the policy and the proposal, one must take into account this correspondence for the purpose of deciding whether or not the question of the age of the deceased ..... policy would be avoided. in this particular case, the defendants relied upon a further fact, namely the stipulation which they say was either imported into the contract or formed part of the basis of the contract, because it was contained in the letter of 9th february 1934, the first of the two letters of that date, the letter which set forth the .....

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Apr 07 1913 (PC)

Jagarnath and Co. Vs. Cresswell and ors.

Court : Kolkata

Reported in : (1913)ILR40Cal814

..... to show that the marks in suit have been removed from the trade groups in which they were. my view, therefore, is that the indemnity in the agreement does not relate to group or groups of marks established by the london jute association, and that the claim for damages is not ..... public policy to consider--that you are not lightly to interfere with this freedom of contract.' it is for the defendants to show that the agreements are opposed to public policy, and this they have failed to do.17. the second ..... thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by courts of justice. therefore, you have this paramount ..... 1912, hawarth & co., by their letter of that date gave notice to jagarnath & co. that in the events that had happened they would not carry out the contract signed by them. on 2nd july, 1912, messrs. leslie & hinds, attorneys on behalf of hawarth & co. and mo ran & co., informed jagarnath & co. ..... which were to be included those marks baled by indians of which the quality had been as nearly as possible in accordance with the guarantee of the contract. by this circular the london jute association adopted or proposed to adopt seven groups of marks, viz.: reds, firsts, daccas, lightnings, mangos, hearts .....

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Jun 29 1910 (PC)

Mohun Lal Babu Vs. Udai NaraIn Bhaduri and ors.

Court : Kolkata

Reported in : 7Ind.Cas.2

..... the property through sibkaran with the hope of getting rid of the darputni. the mention of rs. 30,000 as the limit of the purchase and the indemnity provided in case of sibkaran not bidding up to rs. 30,000 leave no doubt in the matter. we cannot believe that. sibkaran, who had had ..... heir and legatee and the 'actual defaulter'. see gouree komal v. raj kishen 5 w.r. 106. ha was, therefore, prohibited from bidding. the contract contained in the letter says sibkaran was to purchase for udai narayan and udai was to re-pay the money with interest and remuneration. this is exactly the ..... see that the head-rent was paid and they had their remedy under the regulation section 13, to make the payment themselves and save their property. the contract could not, therefore, be said to be fraudulent. but was it illegal was it in violation, direct or indirect, of any provision of positive law ..... has held that the story of undue influence and fraud is not made out but that the contract was illegal and against public policy being an unholy alliance to defraud the darputnidars, and dismissed the suit.3. plaintiff appeals and on his behalf it ..... defendant, who had been given false hopes of a loan sufficient for the prevention of the sale and fraudulently refused at the last moment; that the contract was illegal and against public policy and could not be enforced and that the plaintiff had no right to enforce the same.2. the learned subordinate judge .....

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