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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Page 8 of about 3,805 results (0.030 seconds)

Jul 02 1929 (PC)

Bindu Bhusan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Reported in : AIR1930Cal568

..... sale. the purchasers' rights stated in para. (3) and para. (6)(b) depend on payment having been made by him and not on the contract alone.8. before that passage they say that except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph ..... clauses (a) and (b), para. 5, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f), para. 1, para. (2), para. (4)(b), para. (5)(c), (d) and para. ( ..... commentaries of shephard and brown on the transfer of property act, edn. 7. at p. 192 the learned authors say:the distinction between the antecedent contract and the conveyance between the duties of the parties before and after the sale is not clearly marked in the section. the rules contained in para. 1 ..... of the section, or under the covenant for title or some express contract for compensation, the purchase money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or of ..... any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area of .....

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Jun 15 1923 (PC)

Giridharilal Hanumanbux Vs. Eagle Star and British Dominions Insurance ...

Court : Kolkata

Reported in : 80Ind.Cas.637

..... limitation 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 there for do not become absolute unlets the remedy is sought within the ..... l.r. 948 in the passage which my learned brother has cited. the proposition advanced on behalf of the plaintiffs that the condition offends 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 ..... 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.8. in hirabhai v. manufacturers life insurance company 16 ind. cas. 1001 ..... article 86 of the limitation act.7. 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 .....

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Jul 02 1929 (PC)

Bidhu Bhushan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Reported in : 128Ind.Cas.183

..... sale. the purchaser's rights stated in para, (3) and para. (6)(6) depend on payment having been made by him and not the contract alone.' before that passage they say that, except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph of ..... and (b) of the fifth paragraph, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f) of the first paragraph, para. 2. para. (4)(6), para. (5)(c),{d) and pars ..... commentaries of shephard and browne on the transfer of property act, seventh edition. at page 192, the learned authors bay: 'the distinction between the antecedent contract and the conveyance, between the duties of the parties before and after the sale, is not clearly marked in the section. the rules contained in the ..... the section, or under the covenant for title or some express contract, for compensation, the purchase-money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or ..... of any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area .....

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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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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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Nov 20 1929 (PC)

Meherulla Vs. Sariatulla

Court : Kolkata

Reported in : AIR1930Cal596

..... 826, at p. 398.4. in the case of consolidated exploration and finance co. v. musgrave [1900] 1 ch. d. 37, it was held that any indemnity given to bail whether by the person bailed or another, is illegal. it is essential that the person giving bail should be interested in looking after the accused and, ..... of his principal's conduct, the surety has no interest in taking care that the condition of the recognizance is performed. therefore, it is held that a contract like this is tainted with illegality. following this rule it was held in prosanna kumar chakravarty v. prokash chandra butt [1915] 28 i.c. 560 and ..... decreed the suit. against that order the petitioner has obtained the present rule.2. the trial court has proceeded upon the view that there was an implied contract by the defendant to indemnify the plaintiff upon the bail bond. it is pointed out on the other side that the bail bond itself is not on ..... and cannot be enforced.5. it is contended in behalf of the opposite party that although there may not be an express contract, sill there may be an implied contract. but under section 9, contract act, the difference between the promises express and implied is that the former is made in words, while the latter is ..... duly appear on the date fixed for the hearing. but i do not think that the implication went any further and that there was an implied contract that the accused should either appear on the date fixed or pay the amount which his surety had to pay. it may be noticed here that .....

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May 11 1923 (PC)

Probodh Chandra Mitter Vs. Harish Chandra Naskar

Court : Kolkata

Reported in : AIR1924Cal124

..... bears to the entire estate...section 79 provides that 'the receipt of any proprietor...whose name and the extent of whose interest is registered under this act shall afford full indemnity to any person paying rent to such proprietor.' it is contended on behalf of the respondent that having regard to the provisions of section 78 (second, paragraph) the defendant would ..... act seem to refer to a third person whose name is not registered at all. the object of section 60 of the bengal tenancy act appears to be to afford indemnity to tenants who pay rent to the person whose name is registered under the act, and to debar them from pleading in defence to a claim for rent by such ..... to the plaintiff, and. under section 79 the receipt of the heirs of chandranath whose names are registered with respect to an 8 annas of the estate, would afford full indemnity in respect to such share.12. section 81, however, provides : 'nothing contained in the three last preceding sections shall be held to interfere with the conditions of any written ..... contract. in the present case there was a written contract under which the entire rent was due to purna and his successors. there is some difference of opinion as to the construction to be placed upon .....

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Jun 30 2009 (HC)

Coventry Spring and Engineering Co. Ltd. Vs. I.C.i.C.i. Bank Ltd.

Court : Kolkata

Reported in : [2009]152CompCas68(Cal)

..... be treated as the principal borrower and would repay the entire outstanding dues of the petitioner. the guarantee also contains an indemnity clause. the default clause and the indemnity clause are as under:2. in the event of any default on the part of the borrower in payment/repayment of any ..... corporate guarantee dated august 13, 2001, thereby guaranteeing due repayment of the loans taken by the coil-o-matic. the bank guarantee was an independent contract. it was also an irrecoverable and continuing guarantee. the guarantee contains a default clause by which coventry spring had committed that in the event of ..... the suit had no bearing on the subject-matter of the winding up petition. the submissions with regard to the novation/variation of the contract were rejected. it was also observed by the learned single judge that coventry spring was a party to the reschedule payments ordered by the bifr ..... winding up petition, the icici bank has also filed a petition for winding up against the principal borrower. with regard to the novation of contract, the submission is rejected being factually incorrect. it is observed that the agreement for repayment was entered into by and between the parties under the ..... submissions made by learned counsel for the parties, the learned single judge has held that 'it is well-settled principle of law that a contract of guarantee is an independent cause of action. therefore, the plea that unless and until the icici bank took steps for realisation of the amount .....

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