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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1904 Page 1 of about 5 results (0.016 seconds)

May 30 1904 (PC)

Behari Lall Shaha Vs. Jagodish Chunder Shaha

Court : Kolkata

Decided on : May-30-1904

Reported in : (1904)ILR31Cal798

..... of the license as if it were transferred to him, he agreeing to hold the plaintiff indemnified from all claims and demands made in respect of the business. the contract of indemnity is therefore a vital and necessary part of the arrangement and essential for the purpose of allowing the defendant to use the plaintiff's name. section 11 says no person ..... defendant is permitted to use the plaintiff's name and license and carry on business in every way uncontrolled by the plaintiff as if he were the licensee himself. the contract of indemnity is the means used to gain this end. the license is not to be transferred, and so far the plaintiff's responsibility in the eye of the law continues ..... . the plaintiff on the other and relies on the fact that the suit is based on an indemnity which, it is contended, is separable from the rest of the contract, and it is said that, even if the monthly instalments are not recoverable by reason of the contract being illegal, there is nothing in the excise law to prevent his recovering under the ..... indemnity the sum due thereunder. it seems to me that it is impossible to differentiate the claim in respect .....

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Mar 11 1904 (PC)

Administrator-general of Bengal Vs. Kristo Kamini Dassee

Court : Kolkata

Decided on : Mar-11-1904

Reported in : (1904)ILR31Cal519

..... ' account.15. on the other hand, it was contended for the defendant that the suit was in its nature a suit for specific performance of contract, of a contract that is, by which the kumar, when the notes were made over to him, undertook to restore or replace them when required to do so: ..... sale of the securities did not take place, until after her death, but, if she determined the bailment before her death, she must have determined the contract as a whole and the liabilities of the kumar thus became fixed and determinate and could not, i think, be extended or altered by anything, which ..... of the borrower to return the thing lent on being required to do so, must, i think, having regard to section 159, be read into every contract of bailment, where the loan is gratuitous. in the present case, it appears from the evidence of the plaintiff: herself, that ranee karunamoyee on several occasions ..... , as it appears to me, that he might part with the specific notes altogether and so place them beyond the possibility of restoration without infringing his contract and that his obligation would have been fulfilled had he given ranee karunamoyee other notes similar in kind and of equal value, in place of those she ..... ranee karunamoyee having before her death demanded the return of the notes and her demand not having been complied with, a cause of action on the contract then accrued to her. it was further contended that from the time of the demand the statute began to run and that, having regard to the .....

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Apr 25 1904 (PC)

Radha Charan Ray Chowdhry Vs. Golak Chandra Ghose

Court : Kolkata

Decided on : Apr-25-1904

Reported in : (1904)ILR31Cal834

..... rs. 38-4 represents 'the fixed collection charges blended with rent.' to my mind, each of these cases depends upon its own particular circumstances, and we must look at the contract to see whether the payment which the tenant agrees to make is, in reality, part of the rent as opposed to what is known as an abwab.2. let us .....

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Jul 07 1904 (PC)

Aklemannessa Bibi Vs. Mahomed Hatem

Court : Kolkata

Decided on : Jul-07-1904

Reported in : (1904)ILR31Cal849

..... 's digest of anglo-mahomedan law, 2nd edition, page 133, although neither writing nor any religious ceremony is necessary to the validity of a marriage contract, 'words of proposal and acceptance must be uttered by the contracting parties or their agents in each other's presence and hearing and in the presence and hearing of two male or one male and two .....

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Mar 30 1904 (PC)

Baldeo Parshad Sahu Vs. A.B. Miller

Court : Kolkata

Decided on : Mar-30-1904

Reported in : (1904)ILR31Cal667

..... opinion sufficient to cover those indigo-cakes, and after they had been manufactured there was no vagueness as to them which would hinder equity from enforcing the contract. the first point in our opinion therefore fails.19. the second contention advanced for the appellants is that, the titles of both parties being equitable, the ..... done fastens upon that property, and the contract to assign them becomes a complete arrangement;' see also holroyd v. marshall (1862) 10 h.l. 191.15. the subordinate judge was therefore dearly in error ..... v. isaacs (1881) l.r. 19 ch. div. 342 which are quoted in the judgment of the allahabad court may be referred to: 'a man can contract to assign property, which is to come into existence in the future, and when it has come into existence, equity treating as done that which ought to be ..... 11 q.b.d. 808 and holroyd v. marshall (1862) 10 h.l. 191 are instances in which such contracts have been enforced. in india the cases of bansidhar v. sant lal (1887) i.l.r. 10 all. 133 and misri lal v. mozhar hossain (1886) ..... one of the parties had executed the consideration, the court bound the property from the time when it vested in interest or was acquired, even though the contract was not one of which specific performance strictly so called was nominally given or could be given.' the oases of clements v. matthews (1883) l.r. .....

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