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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1906 Page 1 of about 14 results (0.035 seconds)

May 08 1906 (PC)

Jaffer Meher Ali Vs. Budge-budge Jute Mills Co.

Court : Kolkata

Decided on : May-08-1906

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 .....

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Feb 21 1906 (PC)

Juggernath Augurwallah Vs. E.A. Smith and Co. and anr.

Court : Kolkata

Decided on : Feb-21-1906

Reported in : (1906)ILR33Cal547

..... payment, and the principle applicable to those circumstances was held to be that when a vendor ships articles, which he intends to deliver under the contract and takes the bill of lading to his own order, he thereby reserves to himself a power of disposing of the property, and that consequently ..... question is whether this clause, taken with the fact that the plaintiffs never paid for the goods, rendered the appropriation of the goods to the contract conditional only. it is said that the appropriation was conditional only because the intention of the plaintiffs as evidenced by the clause was to retain ..... contained in the bills of lading. these facts in my opinion afford abundant prima facie evidence that the goods in question were appropriated to the contract by the plaintiffs, and that such appropriation was assented to by the defendant firm. the purchasers by their shipping instructions reserved the right to ..... under the circumstances, the property in the goods passed to the defendant firm as purchasers is contained in the provisions of section 83 of the contract act.7. that section provides:where the goods are not ascertained at the time of making the agreement for sale, but goods answering the description ..... the same date received from the defendant firm, the goods were placed alongside the steamship uganda, and in due course and in terms of the contract the goods were subsequently shipped on board the vessel and two mate's receipts, dated the 3rd and 4th december for 875 and 125 bales .....

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Mar 23 1906 (PC)

Debendra Nath Dutt and Banku Behary Banerjee Vs. Administrator-general ...

Court : Kolkata

Decided on : Mar-23-1906

Reported in : (1906)ILR33Cal713

..... pugh has no application to the case. the mistake of the court and of the sureties did not relate to the essential subject of the contract. the contract may be given effect to notwithstanding the mistake, which in one tense was undoubtedly mutual the liability of the sureties did not depend on the ..... the bond accepted by the court and executed by the sureties equally under a mistake of a point of fact essential to the agreement. the contract of suretyship would therefore be void, and the sureties would be discharged from their liability to make good any misappropriation of the deceased's estate ..... good. but no plea had been pleaded, there was no allegation that the letters of administration had been obtained by fraud, or that the sureties contracted on the assumption that rebecca gardiner was the only next of kin; for all that appears, they may have known she was misdescribed. this case ..... of cowie as to his authority to apply for letters of administration. both the court and the sureties accepted the truth of these statements and contracted on the assumption they wore true.'32. the question whether the appellants are estopped by their own deed from alleging that cowie was not one ..... it has not been broken. thirdly, that the bond was induced by the misrepresentation of the court that cowie was the administrator, or that the contract was entered into under a mutual mistake, both parties believing that he was legally entitled to the letters of administration. fourthly, that even if the .....

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Dec 14 1906 (PC)

Sundar Koer Vs. Rai Sham Krishen

Court : Kolkata

Decided on : Dec-14-1906

Reported in : (1907)ILR34Cal150

..... a fixed day, and that after the expiration of that day, if the property should not be redeemed, the matter should pass from the domain of contract to that of judgment, and the rights of the mortgagee should thenceforth depend, not on the contents of his bond, but on the directions in the ..... altogether. but this is not what the statute prescribes. it directs that the party complaining of the breach shall receive from the party, who has broken the contract, reasonable compensation not exceeding the amount of penalty stipulated for. the high court (agreeing so far with the subordinate judge) has given compensation at the same ..... some reluctance they are constrained also to agree with the conclusion of the high court on this point.10. the 'explanation' to section 74 of the contract act as amended says that 'a stipulation for increased interest from the date of default may be a stipulation by way of penalty.' the indian courts have ..... and by the increased rate of the compound interest on default of payment of interest, was a penalty within the meaning of section 74 of the indian contract act, as amended by act vi of 1899, section 4, and ought not to bo allowed.5. there is no evidence of any actual exercise ..... principal appeal before their lordships were (1) that both bonds were obtained from the mortgagor by undue influence within the meaning of section 16 of the indian contract act, 1872, as amended by act vi of 1899, section 2(2) that a sum of rs. 8,700 retained by the mortgagees out of the .....

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Jun 06 1906 (PC)

Thakurmani Singh Vs. Dai Rani Koeri

Court : Kolkata

Decided on : Jun-06-1906

Reported in : (1906)ILR33Cal1079

..... as the subordinate judge has pointed out, there is nothing beyond the statement of bajrangi, the brother of daimani, to prove that these debts were contracted for the objects stated, and that they were for legal necessity. in respect of these debts then we agree with the subordinate judge in holding that ..... the deed of gift of her half share in the estate to the reversioners babu madhusudan singh and babu chakrapan singh, and thereafter we find daimani contracting the debts, which the plaintiffs allege were for legal necessity, and were due to the fact that the reversioners were in different ways endeavouring to ..... paid off by the money borrowed from the plaintiff by daimnni on the mortgage of her half share in certain of her husband's properties were contracted for legal necessity, and, in approaching the consideration of this question. it is impossible to ignore the fact that from the death of babu mahendra ..... they sued daimani separately to recover from her by sale of her interests in a property of her husband the half share of a debt contracted by her husband with their father.21. in joining in the execution of the deed of sale the reversioner certainly cannot be regarded as having ..... subordinate judge. the main grounds taken by them in their defence were, first, that the debt?, for which the mortgage was executed, were not contracted for legal necessity and so were not binding after the death of mussumat diamani koeri on the estate of the deceased babu mahendra narayan singh, either .....

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Mar 23 1906 (PC)

Ram NaraIn Gunga Bissen Vs. Liladhur Lowjee

Court : Kolkata

Decided on : Mar-23-1906

Reported in : (1906)ILR33Cal1237

..... the arbitrators cannot be revoked except by leave of the court and in the rules of the chamber of commerce, which have been incorporated in the contract by virtue of the agreement of the parties. those rules indicate that the trial is to take place before the arbitrator ordinarily on a case as ..... . it is suggested that the remedy of the applicant is, not to enforce the award, but to sue liladhur lowjee for damages for breach of his contract to refer to arbitration. it has been contended that the courts cannot decree specific performance of an agreement to arbitrate and therefore they cannot enforce an ex ..... to join. the arbitrators accordingly proceeded ex parte and made an award against him, which is now sought to be filed in court in terms of the contract between the parties.5. the filing of this award is opposed on three grounds. it is contended that there was no submission to arbitration within the meaning ..... may observe is a broker of some years' standing) stated that clause 12 did not bind him as it was not explained to him, when the contract was entered into, further that he was not willing to abide by the rules made by the chamber referring to arbitration. he accordingly refused to have anything ..... the rules of the bengal chamber of commerce and that the decision of the chamber should be accepted as final and binding on both parties to the contract. that clause further provides that the award may at the instance of either party and without any notice to the other of them be made a .....

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Dec 14 1906 (PC)

Deo Nandan Pershad Vs. Meghu Mahton

Court : Kolkata

Decided on : Dec-14-1906

Reported in : (1907)ILR34Cal57

..... .r. 358, and bird v. defonvielle (1846) 2 car. & kir. 415. of course, it would be otherwise if there is statutory provision for a written notice to quit, or the contract between the parties provides for such written notice. it was contended by the learned vakil for the appellants, that the plaint in this case contained an allegation of a demand ..... rent, it is of no assistance to the defendants. a mere demand for rent is not sufficient to create the relationship of landlord and tenant, which is a matter of contract assented to by both parties. if a finds b in occupation of his land, and, being quite willing to treat him as tenant, makes a demand for rent, the demand .....

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Jun 05 1906 (PC)

Ganges Manufacturing Company, Limited Vs. Indra Chand and anr.

Court : Kolkata

Decided on : Jun-05-1906

Reported in : (1906)ILR33Cal1169

..... quality to that contracted to be sold and in others they complained of short delivery.3. the defendants did not admit that the plaintiff's complaints were well founded, and consequently the disputes, which ..... , j.1. those are two applications to file awards in accordance with the rules made under section 20 of the indian arbitration act.2. the cases arose out of certain contracts, which were entered into by the defendants, to sell to the plaintiffs certain lots of jute. the plaintiff complained that the jute in question in some cases was of inferior ..... .6. with that contention i do not agree. firstly, i think that the first exception to section 28 covers the arbitration clause in the contract. secondly, the arbitration clause in the contracts comes within the definition of a submission to arbitration under section 4, clause 4 of the indian arbitration act, and therefore the clause is a perfectly lawful one.7. in ..... arose between the parties in respect of these jute contracts, were referred by the plaintiffs under the arbitration clause in the contract, to the bengal chamber of commerce. the arbitration was conducted by that body. the defendants declined to appear on the arbitration and awards were .....

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Feb 17 1906 (PC)

Shama Charan Nandi Vs. Abhiram Goswami

Court : Kolkata

Decided on : Feb-17-1906

Reported in : (1906)ILR33Cal511

..... cold: if they rely on the payment of rent they cannot fairly attribute it to a tenancy, which was never in the contemplation of the contracting parties,. but must attribute it to the lease, which was the contract between the parties. in the case of president, &c;, of magdalen college, oxford v. the attorney-general (1857) 6 h.l.c. 189 the .....

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Mar 22 1906 (PC)

Jadu Nath Poddar Vs. Rup Lal Poddar

Court : Kolkata

Decided on : Mar-22-1906

Reported in : (1906)ILR33Cal967

..... estoppel. how has then the title, which was vested in the plaintiff, passed away from him? the deed of relinquishment does not operate as a conveyance or even as a contract to convey the interest of the plaintiff nor does it operate by way of estoppel. as observed by their lordships of the judicial committee in mussnmat oodey koowur mussumat ladoo ..... in its most strigent form, has been more vigorously explained than in church v. muir (1869) 33 n.j. law. 319, where chief justice _ beasley observed as follows: 'a contract, the purpose of which is to protect the debtor against the just claims of creditors, is an immoral act. such an affair is inimical to social policy. in their essence ..... and in their effects such contracts are as immoral, as pernicious, as many of those which the law has declared to be utterly void. in these respects, how are they to be distinguished from ..... contracts, which have been so often judicially condemned, not on account of any enormous immorality, but on the score of their inconsistency with public interest and good government. they are hostile .....

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