Court : Kolkata
Reported in : (1906)ILR33Cal702
..... the insolvency act. the petition was not however dismissed without giving time to the official assignee to take steps to enforce his rights under the contract in suit. the official assignee failed to take steps within the time limited and the petition was accordingly-dismissed. i am informed that an ..... section 6 of the transfer of property act. the assignment being inoperative the result would be that the beneficial interest of the assignor in the contract in suit vested in the official assignee on the vesting order being made, and it was then open to the official assignee to have ..... is not correct and that object is intended to mean something very different from consideration. in my opinion the word 'object' in section 23 of the contract act was not used in the same sense as '' consideration,' but was used as distinguished from consideration and means purpose or design, if then the ..... purports in consideration of the sum of rs. 100 paid by the assignee to the assignor to transfer and assign over to the assignee the contracts in the schedule thereto set forth as also the benefits and advantages thereunder as also the right, title, interest, estate, claim and demand whatsoever ..... being made available for the benefit of creditors, but rather to get rid of burdensome contracts, which might and probably would impose a loss on the assignor's estate. accordingly the deed provides for an indemnity from the assignee. at the same time the assignor makes transfers of certain jewellery, his .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1957Cal336
..... society or on new circumstances and situations arising.53. what is the rule of public policy which js here being affected by enforcing the contract in question? the circumstances under which the defence of india act was passed and the rules thereunder framed or the control orders issued were ..... air1950mad444 (e).49. what is the ratio decidendi arising on the decisions referred to? what is regarded as forbidden by law under section 23, contract act? except for certain observations in some of the judgments of the madras high court, the decisions rest on the principle that when there is a ..... framed under that act specifically provided apart from the conditions incorporated in the license that the right under a license was not transferable. a contract was entered into between the holder of the license and the plaintiff who claimed accounts under which he was entitled to the profits and to ..... velu padayachi v. sivasooriam pillal, : air1950mad444 , horwill, j. delivering the judgment of the full bench observed that irrespective of the facts whether the contract for partnershipwas entered into before the license had been granted or subsequent to the issue of the license, the result would be the same. the partnership ..... take part of the management with an indemnity clause which gave him the immunity from being liable for any loss. the learned judge held that the plaintiff was not entitled to claim the benefits of that contract as he had under the same introduced himself into a .....Tag this Judgment!
Court : Kolkata
Reported in : 35CompCas706(Cal),69CWN369
..... words b.m.t. was not free to make such profits as it could by entering into contracts with parties in america. by clause (10) of the agreement national was to give indemnity in respect of all claims for defective quality, shortage of material, etc., made by b.m.t ..... myself unable to accept this argument. the words of the statute are quite clear in that it prohibits the directors from entering into a contract with a sole selling agent without being obliged to bring the matter of the appointment before the company at the first general meeting thereafter. ..... claims for defective quality, shortage of material, or wrong specifications arising between b.m.t. and their customers in reference to the fulfilment of contracts entered for the delivery of products of national covered by this agreement, which cannot be settled by amicable means, shall be settled by arbitration under ..... the arrangement with b.m.t. commodity corporation would stand terminated by mutual agreement and delca international corporation would take up all outstanding forward contracts entered into between the company and b.m.t. commodity corporation. as in the case of resolution no. 7 the shareholders were given ..... of their agreement entered into with your company by mutual consent. further, delca international corporation have agreed to take over all the outstanding forward contracts entered into between b.m.t. commodity corporation and the company. the terms fixing the selling price are reasonable and are being allowed by .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1941Cal125
..... defendant would be unable to meet the engagements which the plaintiff might enter into for him. the plaintiff accordingly entered into contracts on behalf of the defendant upon which the plaintiff became personally liable, and he sued the defendant for indemnity against the liability incurred by him and for his commission as broker.12. held, that the plaintiff was entitled to recover ..... consideration, i do not think that this is likely to have occurred because, in the absence of written orders and instructions, the plaintiff makes a practice of making the contracts with members of the association immediately after he has received instructions from his customer. with regard to the alleged settlement on 30th january, i am satisfied that the plaintiff's ..... the transactions were gambling transactions, and therefore illegal and inoperative. it will be observed at once that the defendant relies upon inconsistent allegations. he alleges on the one hand that contracts in respect of differences only, and therefore gambling transactions, were made between him and the plaintiff acting as a principal, yet, in the same breath he talks of asking ..... , for the employment of the plaintiff by the [defendant was not against public policy, and was not illegal at common law, and, further, was not in the nature of a gaming and wagering contract against the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1933Cal204
..... one or more partners from agreeing to indemnify the others against loss, or to prevent full effect from being given to a contract of partnership containing such a clause of indemnity.8. judged by the tests laid down in the propositions quoted above the terms of the agreement, such as they have ..... law, but of fact that there is a partnership yet whether the relation of partnership does or does not exist must depend upon the whole contract between the parties, and that circumstance is not conclusive.6. on the other hand an agreement to share all profit and all loss is an ..... the loss, and this distinction becomes important when a question arises in connexion with their dealings with third parties. 'partnership' is defined in section 239, contract act, and 'agency' in section 182, and although every partner is an agent of the firm and his other partners for the purposes of the ..... , because the defendant had engaged in a business which as a legal practitioner it was not open to him to do, and that the real contracting parties were the plaintiff and the defendant. (their lordships then discussed evidence and proceeded.) the essential ingredients of the transaction were that the business was ..... which it was brought was maintainable. the subordinate judge held that the business in question was a partnership business within the meaning of section 239, contract act, that the plaint was framed as if the relations between the parties were as those of principal and agent, while in reality the parties .....Tag this Judgment!
Court : Kolkata
Reported in : 1994(74)ELT827(Cal)
..... a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.'39. we fail to appreciate how the observations made in the aforesaid judgment can have any application to the facts ..... under the said additional licence.43. this would also appear from the fact that although in case of importation under the open general licence contracts have to be registered with the textile commissioner in terms of clause 24 of the 'conditions governing imports under open general licence' as ..... the next question is whether the constitutionality of the export (control) fifteenth amendment order, 1979 should be examined closely vis-a-vis pre-ban contracts. constitutional questions should be considered by courts only when it is absolutely necessary, not otherwise. in the present case, broadly speaking, we are not ..... were effected within 60 days from the 28th april, 1989, i.e. within 27th june, 1989.8. the said consignments under the aforesaid contracts arrived at the calcutta port in or about august 1989. the customs authorities purported to confiscate the said goods on the ground that the ..... be registered, prior to the import of the said goods with the textile commissioner of the government of india. it was only after the contracts were registered with the said textile commissioner and the appropriate registration number was granted by the said authority, the said goods could be imported .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1924Cal186
..... and that the true ground, on which the clause limiting the time of claim rests and is maintainable, is that, by the contract of the parties the right to indemnity in case of loss and the liability of the company therefor do not become absolute, unless the remedy is sought within the time ..... 38 bom. 344 in the passage which my learned brother has cited. the proposition advanced on behalf of the plaintiffs that the condition offence against the indian contract act in that it curtails the period of limitation for a suit on the policy, and the argument addressed to us, exclude the proposition that what is ..... of the period allowed by law for the institution of such a suit, amounts to limiting the time within which a party may enforce his rights under a contract within section 28 and defeats the provisions of article 86 of the limitation act.7. in hirabai v. manufacturers life insurance co. (1912) 14 bom. ..... 86 of the limitation act.6. section 23 of the indian contract act provides that the consideration or object of an agreement is lawful unless, amongst other things, it is of such a nature that if permitted, it ..... contended on behalf of the plaintiffs that condition 13, as set out above, is void under the provisions of sections 23 and 28 of the indian contract act, 1872, as an attempt to curtail the period of limitation for a suit on the policies, namely, the period of three years prescribed under article .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2001Cal213,(2001)2CALLT445(HC)
..... all loss, damages, and expenses arising or resulting from inaccurancles in such particulars. the right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.' 27. the learned counsel said that the proviso in paragraph 4 ..... practical procedural device developed by courts for rendering justice in accordance with substantive law even in cases of maritime claims arising by reason of breach of contract for the carriage of goods and other transactions, [see in paragraph 68 in 'elisabeth']. 46. so in this context, the arrest of a ..... , demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of ships and vessels, employed or used within the jurisdiction aforesaid, or between others contracted, done, had, or commenced. in, upon or by the sea, or public rivers, or ports, creeks, harbours, and places overflown, within the ebbing and flowing ..... use or hire of a ship' are also wide enough to cover the case of the hire of a tug under a towage contract. claims in respect of damage to cargo do not, unless they result from damage done by a ship, give rise to a maritime lien.' 21 ..... of any agreement relating to the carriage of goods in a ship. an agreement relating to the use or hire of a ship includes a contract for services rendered by motorboats to a ship where those services involve more than some incidental and minor use of those boats. the words ' .....Tag this Judgment!