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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Page 5 of about 3,805 results (0.025 seconds)

Feb 09 1933 (PC)

Karunakumar Datta Gupta Vs. Lankaran Patwari

Court : Kolkata

Reported in : AIR1933Cal759

..... was in the transactions in question an agent, and that as an agent ho is entitled to his commission and also to an indemnity on account of loss incurred in entering into other contracts upon the mandate of his employer, the plaintiff; 2. he contends, secondly, that the very possibility of 'common intention' to ..... law, an agent and not a principal. in the former case, the plaintiff, apart from any special statute, would be entitled to his indemnity whether the contract he procured was not of a wagering nature; 2. mr. b.c. ghose's second point may be illustrated by the following example. by ..... this question became of practicable importance during the inquiry as to damages ordered by page, j. the defendant contended that the plaintiffs were entitled to an indemnity only: cassaboglou v. gibb (1883)11 qbd 797. the view taken by the plaintiffs was that the case had travelled in a complete circle and ..... circumvent the defence, sought to amend by pleading in the alternative that they were agents and therefore notwithstanding any default by the shippers entitled to an indemnity. mr. pugh for the plaintiffs propounded the view for which mr. ghose is now contending and relied on observations of lord blackburn in the two ..... failure to take delivery. it was held that b had not created privity of contract between a and 0 the foreign supplier, yet it was held that b could not recover against a except on the basis of indemnity. this result appeals to me difficult to reconcile with the view taken by the .....

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Sep 29 1978 (HC)

Jagadhatri Bhandar and Jagadhatri Oil Mills Vs. Commercial Union Assur ...

Court : Kolkata

Reported in : AIR1979Cal56,83CWN162

..... the plaintiff submitted to the defendant company a claim for the loss of money for rs. 30,000/- which was the limit of indemnity for loss under the said contract of insurance, although actual loss was more. the defendant company, thereafter, arranged to inspect the loss by its surveyor at the premises ..... such key has been obtained by violence or the threat of violence to the insured or to a member of his staff.' 11. the indemnity, in the first instance, relates to the circumstance when the property is stolen or damaged or the premises is damaged after an actual forcible ..... may set out below the relevant portion of the policy: 'burglary and house breaking policy (as defined)(business premises) ............if during any period of indemnity the property or any pan thereof whilst within the premises shall after actual forcible and violent entry of the premises be stolen or damaged by thieves ..... a clause commonly called scott v. avery clause was considered in heyman v. darwins ltd. (1942) ac 356, and lord wright observed: 'the contract, either instead of or along with a clause submitting difference and disputes to arbitration, may provide that there is no right of action save upon the ..... an insurance policy. 2. the case of the plaintiff, a partnership firm, was that the defendant, commercial union assurance company limited, entered into a contract of insurance with the plaintiff by issuing a burglary and house breaking policy dated sept. 17, 1966, indemnifying loss of money to the limit of rs .....

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Feb 03 1925 (PC)

Dayton Price and Co. Ltd. Vs. S. Rohomotollah and Co.

Court : Kolkata

Reported in : AIR1925Cal609

..... there was any other material discrepancy between the order and the performance in an essential particular. it appears to me that these contracts have to be looked at not merely as contracts involving the general principle of indemnity but as contracts with respect to which there is a particular arrangement between the parties as to the time when and the conditions upon which the ..... the shipment was to be at new york, in my judgment this stipulation must be regarded as one which went to the root of the contract and which must be performed before the plaintiffs could claim indemnity from the defendants.41. no information was forthcoming as to whether the shipment at montreal instead of at new york would have involved the defendants ..... once the conclusion is arrived at that the stipulation that the shipment should be at new york was of the essence of the contract and was one which the plaintiffs were bound to perform before they could claim indemnity from the defendants.43. no doubt the employer of an agent is bound to indemnify him against the consequences of all lawful acts ..... for varying the port of shipment, nevertheless the agent has part performed the duties which he undertook by the contract of agency and, therefore, the stipulation as to port of shipment cannot be regarded as something which disentitles him altogether to his indemnity, but must be regarded as something which at the worst entitles the principal to make some deduction corresponding to .....

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Jul 16 2014 (HC)

Steel Authority of India Limited Vs. M/S. T.D. Kumar and Bros. Pvt. Li ...

Court : Kolkata

..... and bokaro steel limited stood dissolved and all the undertakings of hindustan steel limited and bokaro steel limited stood transferred to and vested with the plaintiff and with all existing contracts. the contracts, therefore, between the defendant and hindustan steel limited stood vested with the plaintiff with effect from may 1, 1978 by virtue of the said act of 1978. the ..... of bokaro steel limited. hindustan steel limited appointed the defendant as the storage and handling contractor for handling export consignment with effect from july 1, 1976. the defendant executed an indemnity and custody bond on november 19, 1976 in favour of the hindustan steel limited. by a letter dated june 30, 1977 the arrangement between hindustan steel limited and the ..... custody bond on november 19, 1976 which was marked as exhibit f . by such indemnity and custody bond the defendant agreed to remain liable for all losses, damages and shortages occurring in respect of the transactions. the contract between the defendant and hindustan steel limited appearing at exhibit a was for a period of one year from july 1, 1976. the ..... the subject contracts also stood vested with the plaintiff on and from may 1, 1978. hindustan steel limited appointed the defendant as the storage and handling contractor at calcutta for handling export consignments by a letter dated november 23, 1976. such letter was marked as exhibit a . the said letter inter alia, required the defendant to execute an indemnity and custody bond .....

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Feb 28 1929 (PC)

Rajendra Narayan Basu Sarbadhicary and ors. Vs. Debendra Nath Mukhopad ...

Court : Kolkata

Reported in : 123Ind.Cas.241

..... his trust estate, i cannot myself see why the person who has recovered judgment against the trustee should not have the benefit of his right to indemnity and go direct against the trust estate or the assets, as the case may be, just as an ordinary creditor of a business carried on by ..... to be indemnified out of the estate of the testator, plaintiffs who have recovered judgment against the executor should, have the benefit of this right to indemnity and should realise their dues from the assets of the testator. in this connection the following observations of mr. justice byrne in the case of raybould v ..... claims by the testator's creditors) to be indemnified out of the testator's estate against the liabilities which they had properly incurred, and that the indemnity was not limited to that portion of the assets which had come into existence or changed its form since the testator's death. it is not ..... . 1 is entitled to be indemnified out of the testator's estate against the liabilities which he has properly incurred. it is contended that the indemnity should be limited to the putni acquired by the executor and as the putni has already been sold the executor should be held personally liable for the ..... .t. 809 : 40 w.r. 17 above referred to, applies to the facts of the present case. the plaintiffs with whom the executor contracted to pay rent stand in the shoes of the executor and have the same indemnity as the executor has against the testator's estate and the executor has a right to an .....

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Feb 28 1929 (PC)

Rajendra Narayn Basu and ors. Vs. Debendra Nath Mukhopadhya and ors.

Court : Kolkata

Reported in : AIR1930Cal55

..... his trust estate, i cannot myself see why the person who has recovered judgment against the trustee should not have the benefit of this right to indemnity and go direct against the trust estate or the assets, as the case may be, just as an ordinary creditor of a business carried on by ..... entitled to be indemnified out of the estate of the testator, plaintiffs who have recovered judgment against the executor should have the benefit of this right to indemnity and should realise their dues from the assets of the testator. in this connexion the following observations of byrne, j., in the case of raybold v. ..... claims by the testator's creditors) to be indemnified out of the testators' estate against the liabilities which they had properly incurred, and that the indemnity was not limited to that portion of the assets which had come into existence or changed its form since the testator's death. it is not said ..... 1 is entitled to be indemnified out of the testator's estate against the liabilities which he has properly incurred.6. it is contended that the indemnity should be limited to the putni acquired] by the executor and as the putni has all ready been sold the executor should be held personally liable ..... gorton [1891] a.c. 190, above referred to, applies to the facts of the present case. the plaintiffs with whom the executor contracted to pay rent stand in the shoes of the executor and have the same indemnity as the executor has against the testator's estate and the executor has a right to an .....

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Apr 01 1966 (HC)

Badridas Kothari Vs. Meghraj Kothari

Court : Kolkata

Reported in : AIR1967Cal25

..... is necessary in the facts of this case to remember is that this is not a case of a collateral or a substituted contract or a partnership agreement or a contract between principal and agent relating to agency or indemnity between them. here the tacts are simply this that two persona entered into fatka or wagering transactions in shares and one became indebted ..... , in our view, a collateral contract in the sense understood in this branch of the law. we shall presently state why we do not consider the promissory note ..... on these facts came to the conclusion that the suit was really not one to enforce any contract relating to purchase or sale of bullion which came within the prohibition of the notification. the supreme court held that it was suit by an agent claiming indemnity against the principal for the loss which the agent had suffered in carrying out the directions ..... and is a matier which is entirely collateral to a forward contract of purchase and sale of bullion which the notification aims at prohibiting.'in the present case before us not only it is not a case of principal and agent, not only it is not a case of right to indemnity as between principal and agent but it is also not .....

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Jul 25 1932 (PC)

Thomas Merthyr Colliery Co. Vs. Davis (H. M. Inspector of Taxes).

Court : Kolkata

Reported in : [1933]1ITR12(Cal)

..... the election of a third party, who was to decide whether the conditions were or were not fulfilled (an indemnity which probably, though i do not base myself upon this, is based upon a contract in restraint of trade and therefore unenforceable), would be a taxable gain or profit arising or accruing from the ..... do not think it is necessary to-decide it here, that it would be very difficult to argue successfully that, if the gains accruing from this indemnity were taxable profits, the premium which was paid for the purpose of earning those profits was not itself a disbursement or expense to be taken into ..... requirements of its own. but, however that may be, i am clearly of opinion that an expenditure in respect of the possibility of receiving that indemnity so controlled by a third party would not be one which could be said to be 'wholly and exclusively laid out or expended for the purposes ..... restriction or a cessation of output at the colliery in consequence of the member acting in compliance with the direction of the association, the indemnity may be paid; there again, whether the output of coal be restricted, or whether a direction of this association result in a cessation of output - ..... decision, or be not ratified by the association, then they are not liable to pay the money which otherwise they might be liable to pay as indemnities under clause 81 and the subsequent clauses. then, as the attorney-general has pointed out, it is not limited to strikes. in the case of .....

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Jul 08 1912 (PC)

Jogemaya Dasee Vs. Akhoy Coomar Das

Court : Kolkata

Reported in : (1913)ILR40Cal140,18Ind.Cas.954

..... in the abstract, and no objection to the title shall be allowed.' the first point mr. matter has made on that is with reference to this deed of indemnity. the deed of indemnity not affecting the title, the purchaser is not bound to accept the recitals in that document as conclusive on matters relating to the title, unless he has by express ..... of title with which the abstract commences or purports to commence has got to be, prima facie, a document which is a proper root of title, and a deed of indemnity indemnifying the past committee of a lunatic obviously has nothing to do with the title at all, and that document is in no sense a root of the title.4 ..... reference to a document in the abstract. that document it is true is not a document dealing with the title of the property at all, but is a bond of indemnity. true it is that it contains recitals of importance relating to the pedigree, but not in any way of itself affecting the title to the property. he said the abstract ..... condition contracted to do so.5. the other portion of the conditions mr. mitter has relied upon is as to the purchaser accepting the title as disclosed in the abstract .....

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Jul 02 1943 (PC)

Monomohan Das Vs. Parswanath Das Sarkar and ors.

Court : Kolkata

Reported in : AIR1943Cal588

..... if so, whether the provisions of the law would nullify the indemnity so given, were left open. it was also pointed out that in this connexion the terms of section 37, contract act, would have to be considered. the effect of this section has indeed been considered by the ..... pay, to which the provisions of section 68(1)(a), t.p. act, might be applicable. the question whether the indemnity given in the bond really purported to give relief against loss occasioned by acts done under express provisions of law (such as those in section 26g), and, ..... the covenant considered by rau j. was taken. it was considered that the term was one outside the mortgage altogehter, being in the nature of an indemnity, and it was held that section 26g as it stood before amendment in 1940 would not cover the case of a mortgage with a personal covenant to ..... 4 of 1938), the provisions of which have some resemblance to those of section 26g, ben. ten. act. it is there pointed out that section 87, contract act, has, like sections 4 and 9, civil p.c. a self-effacing provision which makes it difficult to see how a law which excuses performance of ..... the provisions of the impugned section were covered by item 21 of the provincial list ii, 'transfer of agricultural land,' being excluded so far as any 'contract relating to agricultural land' is concerned from item 10 of the concurrent list in, and were also covered by item 27 of the provincial list ii 'money .....

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