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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1900 Page 1 of about 6 results (0.016 seconds)

Jan 10 1900 (PC)

New York Life Insurance Company Vs. Phoebe Stella Gamble

Court : Kolkata

Decided on : Jan-10-1900

Reported in : (1900)ILR27Cal593

..... and the company is to be avoided. ]?or my own part, i should have thought and think that, when the company had put in the contract between the parties, and shown, as they did, that, in important particulars, many of the statements and representations made by the assured were untrue, ..... company liable on the policy brushing aside and treating, as of no import whatever, the statements and representations which form the very basis of the contract.20. but gamble's agreement did not stop here; there is another and an extremely important feature in it. he agreed for the reason which ..... that the statements and representations contained in his application, 'together with those made to the medical examiner by me,' should be the basis of the contract between the parties. he warranted them to be full, complete, and true, whether written by his own hand or not, and that the warranty was ..... adduce evidence in support of the allegations in paragraph 8 of the plaint, and taking it that the plaintiff is bound by the terms of the contract between gamble and the company, i will, first, consider whether the statements and representations made by the assured, both in his applications and declaration to ..... that the statements and representations contained in the foregoing application, together with those made to the medical examiner by me, shall be the basis of the contract between me and the new york life insurance company; that i hereby warrant the same to be full, complete, and true, whether written by .....

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Jun 19 1900 (PC)

Luchmi Koer Vs. Roghu Nath Das

Court : Kolkata

Decided on : Jun-19-1900

Reported in : (1900)ILR27Cal971

robertson, j.1. the question raised by this appeal is whether the appellant was the wife and is now the widow of raja ram das, who died on 27th november 1878. the suit was initiated by the appellant on 22nd november 1890 in the court of the subordinate judge of tirhut. the plaint and the written statement of the respondent, who, being heir of the deceased, appeared as defendant, involved other questions on which issue was joined; but these it is now unnecessary to rehearse. many witnesses were examined and many exhibits were filed. on 19th september 1892, the subordinate judge of tirhut found that the plaintiff was the lawfully married wife of raja ram das and is now his widow, and he pronounced a decree for maintenance at the rate of rs. 750 a month. an appeal having been taken to the high court of judicature at fort william in bengal, that court on 10th september 1895 set aside the subordinate judge's decree and dismissed the suit with costs. the present appeal is brought from that judgment of the high court.2. raja ram das was zemindar of jaintpore and a person of considerable wealth and position. he called himself mohant but he was not in fact a mohant. prior to the disputed period he was unmarried, but he was free to marry; he was greatly addicted to women, and he died, under thirty years of age, of diseases induced by his excesses. at the time of the alleged marriage, which was seven months before his death, he was suffering from those ailments.3. of the personal facts .....

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May 07 1900 (PC)

Lala Surja Prosad and anr. Vs. Golab Chand

Court : Kolkata

Decided on : May-07-1900

Reported in : (1900)ILR27Cal724

..... partition. it becomes unnecessary too to discuss the evidence as to whether the debts which are the subject of the mortgage deed in question were contracted for immoral purposes, inasmuch as i agree with the conclusion to which both my learned brother and the learned judge in the court below have ..... binding on them. (2) that the family property has been and therefore their two-third share cannot the attached.(3) that the debts were contracted by the mortgagor for immoral purposes, and therefore are not binding on any members of the family other than the mortgagor.37. the learned subordinate ..... regarded as having been brought and obtained against him in his representative capacity, the touch-stone in such a case being the validity of the debt contracted.24. it has, however, been said that the object of section 85 of the transfer of property act is to discourage multiplicity of suits, ..... representative capacity, the matter for consideration is what may be the nature of the debt for which the mortgage was given. if the debt was contracted for an immoral purpose, it could not be said that the father represented the son, either in that transaction, or in the suit brought for ..... his father's debts, quote with approbation the following observations made by chief justice westropp: 'subject to certain limited exceptions (as for instance, debts contracted for immoral or illegal purposes), the whole of the family undivided estate would be, when in the hands of the sons or grandsons, liable to .....

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Jan 09 1900 (PC)

Motilal Pal Chowdhry and ors. Vs. Satya Prashad Pal Chowdhry and anr.

Court : Kolkata

Decided on : Jan-09-1900

Reported in : (1900)ILR27Cal683

..... a contract or transaction with the testator. the hatchittas in question were given by the executrix in successive renewal of hatchittas originally executed by the testator and renewed by him year after ..... a count for money paid for the use of an executor is a good count to charge him in his representative character, when the demand arises in consequence of a contract made with the testator.' let us then see what the demand in this case arises from and how far the consideration for the promise of the executrix arose out of ..... : 'but if we look through the different cases which follow that statement, it will be found that in every one the consideration for the promise of the executor was a contract or transaction with the testator.' and a little further on, after referring to two other cases--dowse v. coxe (1825) 3 bingham, 20, and powell v. graham (1817) 7 taunton ..... in question, especially when by so doing she had heavily increased the debt originally due from the testator by allowing compound interest to be charged. it is argued that a contract of borrowing made by an executor only binds him personally, and that the only liability created by the hatchittas is a personal liability of the executrix; and in support of .....

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Feb 01 1900 (PC)

Khedu Mahto Vs. Budhun Mahto

Court : Kolkata

Decided on : Feb-01-1900

Reported in : (1900)ILR27Cal508

..... code, which enacts that nothing contained in the code except as provided in the second paragraph of section 3 'shall be deemed to affect any law passed under the indian contract act, 1861, by a lieutenant-governor in council,' i am quoting only so much of the provision as bears upon this case, 'prescribing a special procedure for suits between landholders .....

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Jun 25 1900 (PC)

Surjyamoni Dasi, Minor, by Her Next Friend and Guardian Jatan Bewa and ...

Court : Kolkata

Decided on : Jun-25-1900

Reported in : (1901)ILR28Cal37

..... grandmother. he has joined as defendants in the suit the paternal grandmother as defendant no. 2, bishwambhar das as defendant no. 3, who is alleged by the defence to have contracted a marriage with defendant no. 1, and amir chand das and gobind das as defendants nos. 4 and 5, who are described as uncles of defendant no. 1 and her .....

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