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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1910 Page 1 of about 34 results (0.019 seconds)

Jul 12 1910 (PC)

British and Foreign Marien Insurance Co. Ld. Vs. Indian General Naviga ...

Court : Kolkata

Decided on : Jul-12-1910

Reported in : (1911)ILR38Cal28

..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this he maintained was an independent contract of indemnity which therefore should be construed strictly against the manufacturing company as the insurers. his argument was this 'i am not seeking to escape from my ..... it could be reasonably assumed that the manufacturing company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.19. it thus only remains for me to deal with the contention based on the contents of ..... 'the general law (and it is obvibus justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on s land or any other contract of indemnity), and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled, to the recouped by having that amount back.'18. if then the manufacturing company had recovered damages from the carrying company before ..... , is not a bilk of lading, but a contract between common carriers and intending shippers, and clause 10 is not an independent contract of indemnity, but an integral part of this contract as to carriage and must be so construed. indeed, if it were an independent contract in the, sense for which mr. mitter contends .....

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Jul 12 1910 (PC)

The British and Foreign Marine Insurance Co. Vs. the India General Nav ...

Court : Kolkata

Decided on : Jul-12-1910

Reported in : 9Ind.Cas.364

..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this, he maintained, was an independent contract of indemnity which, therefore, should be construed strictly against the manufacturing company, as the insurers. his argument was this i am not seeking to escape from my ..... it would be reasonably assumed that, the manufacturing-company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.20. it thus only remains for me to deal with the contentions based on the contents of ..... : 'the general law (and it is obvious justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on land or any other contract of indemnity) and a loss happens anything which reduces or diminishes that loss reduces or diminishes the amount ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled to be recouped by having that amount back.'19. if then the manufacturing company had recovered damages from the carrying company, before payment ..... a bill of lading, but it is a contract between common carriers and intending shippers and clause 10 is not an independent contract of indemnity but an integral part of this contract as to carriage and must be so construed. indeed if it were an independent contract in the sense for which mr. mitter .....

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Jun 29 1910 (PC)

Mohun Lal Babu Vs. Udai NaraIn Bhaduri and ors.

Court : Kolkata

Decided on : Jun-29-1910

Reported in : 7Ind.Cas.2

..... the property through sibkaran with the hope of getting rid of the darputni. the mention of rs. 30,000 as the limit of the purchase and the indemnity provided in case of sibkaran not bidding up to rs. 30,000 leave no doubt in the matter. we cannot believe that. sibkaran, who had had ..... heir and legatee and the 'actual defaulter'. see gouree komal v. raj kishen 5 w.r. 106. ha was, therefore, prohibited from bidding. the contract contained in the letter says sibkaran was to purchase for udai narayan and udai was to re-pay the money with interest and remuneration. this is exactly the ..... see that the head-rent was paid and they had their remedy under the regulation section 13, to make the payment themselves and save their property. the contract could not, therefore, be said to be fraudulent. but was it illegal was it in violation, direct or indirect, of any provision of positive law ..... has held that the story of undue influence and fraud is not made out but that the contract was illegal and against public policy being an unholy alliance to defraud the darputnidars, and dismissed the suit.3. plaintiff appeals and on his behalf it ..... defendant, who had been given false hopes of a loan sufficient for the prevention of the sale and fraudulently refused at the last moment; that the contract was illegal and against public policy and could not be enforced and that the plaintiff had no right to enforce the same.2. the learned subordinate judge .....

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Jan 11 1910 (PC)

Digambar Das Vs. Harendra NaraIn Pandey

Court : Kolkata

Decided on : Jan-11-1910

Reported in : 5Ind.Cas.165

..... rights and remedies of the creditor in favour of the person who effects the redemption, operates only to the extent to which it is necessary to apply it for his indemnity and protection. the cases, therefore, which recognise the doctrine that the court when invited to enforce the right of subrogation can exercise its judicial discretion in the award of interest ..... allowed on the basis that the mortgage, though merged in the decree as regards the parties to the suit, still subsists as regards the party excluded, yet interest at the contract rate runs only up to the date allowed by the decree in the previous suit. similarly in cases like the one before us, it may well be maintained that interest ..... interest is to be allowed, it is vague and incapable of execution, and that, in any event, interest ought not to be allowed at the rate specified in the mortgage contract after the date of the deposit in the court below which ought to be treated as a valid payment in partial satisfaction of the decree.2. with regard to the .....

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Jan 25 1910 (PC)

Sarbesh Chandra Basu and ors. Vs. Hari Dayal Singh Rai and ors.

Court : Kolkata

Decided on : Jan-25-1910

Reported in : 5Ind.Cas.236

..... in exercise of the disciplinary powers of the court. the principle, therefore, that a court will not lend its aid to give effect to a contract which is illegal, whether it violates the common law or the statute law either expressly or by implication, is eminently applicable to the case before us ..... have enforced specific performance thereof? the answer must clearly be in the negative. section 21 clause (c) of the specific relief act provides that a contract made by trustees either in excess of their powers or in breach of their trust cannot be specifically enforced. in section 3 of the act, a ..... course, and as such leave had been refused, the settlement had become inoperative as to the share of sudhist chandra and further that as the contract was entire and indivisible, it must fail in its entirety. the defendants denied the allegations of the plaintiffs as to fraud and misrepresentation and contended ..... durpatnidars under them for the bonus and annual rent specified; and the claim for account was dismissed, in the suit for specific performance of the contract of sale set up by the present defendants, a similar decree was drawn up, which set out in full the various terms to be embodied ..... from the usufruct and also for accounts and incidental reliefs. shortly after, the defendants commenced an action against the plaintiffs for specific performance of a contract of sale, alleged to have been made in their favour by the latter, for transfer of this half share of the patni taluk. these two .....

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Feb 02 1910 (PC)

Kishori Lal Roy Chowdhury Vs. Srimati Krishna Kamini Chowdhurani

Court : Kolkata

Decided on : Feb-02-1910

Reported in : 5Ind.Cas.500

..... of that act and is consequently prima facie transferable under section 108, clause (j). the sole question is whether the plaintiff has established any custom or contract to the contrary. the court of first instance found upon this question against the plaintiff. the appellate court has not come to any determination thereon. ..... and agent and master and servant, the death of either party puts an end to the relation, and in respect of service after the death, the contract is dissolved unless there be a stipulation, express or implied to the contrary. it is not necessary for us to consider how far the covenant in ..... 9 south. 895 to determine from the terms of the grant or from the nature of the tenancy whether the parties intended that the execution of the contract was to be contingent upon the continued existence of both or either of them. in the case before us, the lease was clearly for building and ..... was not heritable and did not express any opinion upon the question, whether the plaintiff had proved that the tenancy was not transferable by custom or contract. he then went on to hold that the doctrine of acquiescence had no application, and that there were no equitable grounds to justify the sole ..... as the tenancy had been created after the transfer of property act, it was prima facie transferable, that the plaintiff had not proved any custom or contract to the contrary, but that it was not heritable as section 108 of the transfer of property act did not make tenancies heritable. in this .....

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Feb 02 1910 (PC)

Kishorilal Roy Chowdhury Vs. Krishna-kamini Chowdhrani

Court : Kolkata

Decided on : Feb-02-1910

Reported in : (1910)ILR37Cal377

..... that act, and is consequently prima facie transferable under section 108, clause (j). the sole question is whether the plaintiff has established any custom or contract to the contrary. the court of first instance found upon this question against the plaintiff. the appellate court has not come to any determination thereon. it ..... agent and master and servant, the death of either party puts an end to the relation; and in respect of service after the death, the contract is dissolved unless there be a stipulation, express or implied, to the contrary. it is not necessary for us to consider how far the covenants ..... south. 985, to determine from the terms of the grant, or from the nature of the tenancy, whether the parties intended that the execution of the contract was to be contingent upon the continued existence of both or either of them. in the case before us, the lease was clearly for building and ..... was not heritable and did not express any opinion upon the question whether the plaintiff had proved that the tenancy was not transferable by custom or contract. he then went on to hold that the doctrine of acquiescence had no application, and that there were no equitable grounds to justify the sole ..... as the tenancy had been created after the transfer of property act, it was prima facie transferable; that the plaintiff had not proved any custom or contract to the contrary; but that it was not heritable, as section 108 of the transfer of property act did not make tenancies heritable. in this .....

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Aug 12 1910 (PC)

Surendra Nath Ghose Vs. Emperor

Court : Kolkata

Decided on : Aug-12-1910

Reported in : (1911)ILR38Cal75

..... evidence of possession; it merely furnishes the evidence of a contract of tenancy between two persons. in so far as it furnishes such evidence, it may tend to corroborate evidence of possession of the land to which it relates. in other ..... the meaning of section 464, is different from the test to be applied to determine whether the alteration is material from the point of view of the rights of the contracting parties. in my opinion there is no difference in principle between the two classes of cases. what is the purpose for which a kabuliat is used? it is not direct ..... part of the note. the alteration to be material must be one which alters or attempts to alter the character of the instrument itself, which affects or may affect, the contract which the instrument contains or of which it furnishes the evidence. this view has been followed in both madras and bombay: vazeer ali v. surya nurain (1891) 1 mad. l .....

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Jul 05 1910 (PC)

Gobinda Rani Dasi Vs. Radha Ballabh Das

Court : Kolkata

Decided on : Jul-05-1910

Reported in : 7Ind.Cas.118

..... to contravene the primary rule that the plaintiff shall not succeed on a case not made in the plaint. the question, therefore, arises for consideration, whether there was an implied contract on the basis of which the plaintiff is entitled to succeed. the subordinate judge has answered this question in the affirmative. the learned vakil for the appellant has suggested that ..... grossly insulted his mother-in-law, he had lost all rights of maintenance, if he ever had any. the learned subordinate judge has found upon the evidence that the express contract for maintenance alleged by the plaintiff has not been established, but he has held that there was an implied agreement that his father-in-law would maintain the plaintiff. in ..... to enable him to pay the institution fee, he was allowed to do so in due course. the claim was resisted substantially on the ground that there was no express contract under which the plaintiff could claim maintenance; that under the hindu law such a claim was not sustainable; that, in any event, he was not entitled to separate maintenance; and ..... been sought to be supported on four grounds, namely, first, that as the case of the plaintiff was based upon an express contract which has not been proved, the plaintiff should not have been allowed to succeed on a case of implied contract for which there is no foundation in fact or in law; secondly, that even if there was an implied .....

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Jan 26 1910 (PC)

Kallyanjee Shamjee Vs. Shorrock

Court : Kolkata

Decided on : Jan-26-1910

Reported in : (1910)ILR37Cal334,6Ind.Cas.924

..... opinion, therefore, the words '700 or 800' tons were not, as has been contended, a mere collateral estimate of quantity, but an integral part of the contract, that is to say, they were words descriptive of the preceding words 'entire stock.' it is not likely, in the circumstances of this case, that a stock ..... the official referee to inquire and report what damages were sustained by the defendants by reason of the non delivery of the portion of the coal contracted to be supplied by the plaintiff as in the pleadings in the suit mentioned.6. the measure of damages is the estimated loss in the ordinary ..... , that it is merely a statement of expectation and nothing more, and not in any sense a warranty, and that he, the plaintiff, has performed his contract in its entirety by delivering 469 tons, that being 'the entire stock at shalimar depot.' mr. justice fletcher has not accepted that view, and in my ..... . the principal question in dispute between the parties is whether delivery of 469 tons was, in the circumstances of this case, a sufficient performance of the contract. this turns upon the question what force should be attributed to the words 'the entire stock at shalimar depot or 700-800, say seven to eight ..... he is only entitled to receive a sum of rs. 2,376-8, and this they offered to pay and have actually brought into court.2. the contract out of which the suit arises is contained in bought and sold notes which, though they are not absolutely in identical terms, may, as mr. justice .....

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