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 : AIR1974Cal193
..... shall satisfy the company by such evidence as the company may reasonably require that the loss or damage in respect of which theinsured claims indemnity has actually arisen from one of the risks insured against and that the property in respect of which such claim is made is not merely ..... (6), there were no statutory provisions in england empowering the court to extend the time which the parties fixed for preferring a claim under a contract to arbitration. the said provisions of english act in section 16 (6) have been reproduced in the indian arbitration act, 1940 section 37(4) ..... including the arbitration clause, unless the provisions of the clause are wide enough to include the question of jurisdiction. where the existence of the contract is acknowledged, but one of its terms is relied upon as disentitling the claimant to recover, the arbitration clause is effective. the distinction is ..... the respondent's insurance company has disclaimed the claim of the petitioner on the ground of fraud as the police report declared. therefore, the whole contract has become void and the arbitration clause cannot be invoked. i cannot accept the contention of mr. sinha firstly, on the ground that the said ..... a ground for rejecting this application of the petitioner. the second contention of mr. sinha was that under clause 12 of the said insurance contract, the petitioner should be' deemed to have abandoned all its claim having not referred the matter to arbitration within three months after the said .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1971Cal285
..... transit. the terms have been embodied in the policy which is valued at rupees 14,000/- as the amount of indemnity and the insured thereby agreed to indemnify the assured to the extent of the value of the policy and there can be, as it appears, ..... policies which were against fire and other risks were not valued ones. accordingly the principles laid down therein have no application in the present case. a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured in, the manner and to the extent thereby agreed against losses in ..... the misrepresentation was on any material facts which had a bearing on the risk undertaken by the insurer. it is settled law that a contract of insurance is contract uberrirna fides and there must be utmost good faith on the part of the assured, imposing an obligation on the assured to disclose all ..... in ordinary course of business, ought to be known to him and if the assured fails to make the disclosure the insurer may avoid the contract. it is also provided inter alia that every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or ..... tea which had been booked, a further question would arise as to whether in the circumstances of this case, the society would be entitled to cancel this contract of insurance. we have already mentioned that according to the insurance policy (ext. c) and the proposal form (ext. b), the consignment which war .....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 : 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 .....Tag this Judgment!
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 .....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!