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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1911 Page 1 of about 19 results (0.016 seconds)

Apr 10 1911 (PC)

Kamini Debi Vs. Pramatha Nath Mookerjee

Court : Kolkata

Decided on : Apr-10-1911

Reported in : (1912)ILR39Cal33

..... be afforded an opportunity to examine, and, if necessary, to challenge the estimate. after the estimate has been settled by the court, the work will be entrusted (on a formal contract) to a firm of contractors selected or approved by the court; and as the work progresses, such portion of the fund in deposit as may be needed for the. purpose ..... be able to pay the contractors after calling for a report from some expert, and this procedure should be noted in the contract to execute the work, the court has ample power to give suitable directions, so that a proper contract to complete the repairs and to effect the necessary improvements on the property may be made, verified, and carried out under .....

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Mar 10 1911 (PC)

Deb NaraIn Dutt Vs. Ram Sadhan Mandal and ors.

Court : Kolkata

Decided on : Mar-10-1911

Reported in : 9Ind.Cas.989

..... that can be attached to the decisions of the courts below. the first court uses the word 'novation' and refers at length to section 62 of the contract act and its first illustration holding at the end,--'as regards the liability of the defendants nos. 1 to 4 the plaintiff having accepted the defendant no. ..... 683 : 12 c.w.n. 628.6. the second point taken is that the case comes under section 10 of the limitation act inasmuch as by the contract the sale-proceeds of the property were entrusted to defendant no. 5 to hold in trust for the benefit of the plaintiff, and it is argued that ..... also been argued by the learned vakil for the respondent that he would not in any case be entitled to the benefit of that article inasmuch as the contract was not signed by both the parties. he has shown to me authority in bombay and madras in support of his contention. but, with all respect to ..... no longer any liability to the plaintiff after the arrangement of august 1903, and as regards defendant no. 5 that he is liable only under an oral contract, and that consequently the suit is barred by limitation.4. the plaintiff appeals to this court, and on his behalf it has been argued that the suit ..... nothing in the present case i think which justifies any departure from the ordinary rule that a person suing for compensation for breach of a contract must be a party to that contract. it appears to me, therefore, that the plaintiff is not entitled to sue on the registered conveyance and is, therefore, not entitled .....

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Mar 02 1911 (PC)

Srinibash Prasad Singh Vs. Kesho Prasad Singh

Court : Kolkata

Decided on : Mar-02-1911

Reported in : (1911)ILR38Cal754

..... the government of india act empowers the government of india, and the local governments, within the limits of their respective governments to enter into any contract whatsoever for the purposes of the government of india act, 1858, that is, as i have already stated, for the purposes of the government ..... come to the third and fourth objections. section 40 of the government of india act, 1858, requires that the secretary of state should enter into contracts for the purposes of government with the concurrence of a majority of votes at a meeting of his council. the learned advocate-general, who, at ..... maintained, it cannot, in my opinion, be successfully denied that the security offered in order to effect this object is being offered and the contract is being entered into for the purposes of government. for these reasons i should overrule the first and second objections taken by the decree-holder ..... (1904) i.l.r. 28 bom. 314, 'the superintendence, direction, and control of the country.' consequently, if a question arises whether a particular contract may be rightly described as made for the purposes of the government of india, the answer must depend upon its scope and character. now in the case ..... may be enforced against the revenues of india, as might have been enforced against the east india company, if the liabilities had been lawfully contracted and incurred by the said company, and the revenues of india shall not be applied to any other purpose whatsoever. the learned counsel for the .....

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Mar 02 1911 (PC)

Srinibas Prosad Singh and anr. Vs. Kesho Prosad Singh

Court : Kolkata

Decided on : Mar-02-1911

Reported in : 9Ind.Cas.862

..... the government of india act empowers the government of india, and the local governments, within the limits of their respective governments to enter into any contract whatsoever for the purposes of the government of india act, 1858, that is, as i have already stated, for the purposes of the government ..... to the 3rd and 4th objections. section 40 of the government of india act, 1858, requires that the secretary of state should enter into contracts for the purposes of government with the concurrence of a majority of votes at a meeting of his council. the learned advocate-general who at ..... be maintained it cannot, in my opinion, be successfully denied that the security offered in order to effect this object is being offered and the contract is being entered into for the purposes of government. for these reasons, i should overrule the 1st and 2nd objections taken by the decree- ..... shivbhajan v. secretary of state 28 b. 314 'the superintendence, direction and control of the country.' consequently, if a question arises, whether a particular contract may be rightly described as made for the purposes of the government of india, the answer must depend upon its scope and character. now in the case ..... council may be enforced against the revenues of india, as might have been enforced against the east india company, if the liabilities had been lawfully contracted and incurred by the said company, and the revenues of india shall not be applied to any other purpose whatsoever. the learned counsel for the .....

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Feb 22 1911 (PC)

Hari Das Jati and anr. Vs. Panchkowri Ghosh

Court : Kolkata

Decided on : Feb-22-1911

Reported in : 9Ind.Cas.615

..... unsafe, in my opinion, to carry the principle laid down beyond the circumstances of that case. otherwise, the enactment of sections 69 and 70 of the contract act would appear to be more or less superfluous. it appears to me that the plaintiff had no interest voidable upon the sale and was, therefore, not ..... v. nafar chandra kundu 4 c.l.j. 555, where it was held that in a case which does not come within section 69 of the contract act the court should apply the general law, legal and equitable and direct that the defendant who had received certain benefit from the plaintiff should compensate him. ..... said to have 'enjoyed' such benefit within the meaning of the section.4. but the real question which arises with regard to section 70 of the contract act is, whether this deposit was lawfully made by the plaintiff. the learned pleader for the respondent relies on certain remarks of the learned chief justice ..... if he were a mortgagee he would have an interest in the payment, if he were not he would have no such, interest. section 70 of the contract act runs 'where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person ..... i think, a person entitled to make an application under section 171. reliance has been placed by the learned subordinate judge on sections 69 and 70 of the contract act. section 69 runs, 'a person who is interested in the payment of money which another is bound by law to pay, and who, therefore, .....

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Aug 30 1911 (PC)

Moharaja Ram NaraIn Singh Vs. Odindra Nath Mookerjee and ors.

Court : Kolkata

Decided on : Aug-30-1911

Reported in : 13Ind.Cas.440

..... re-payment of the loan, and that if the debt remained unsatisfied at the end of that period, the plaintiffs might recover damages for breach of contract. it could never have been intended that upon failure of the plaintiffs to realise from a tenant the sum assumed in the deed to be payable by ..... plaintiffs found it impossible to collect the sums mentioned at the appointed time, there was a breach of contract with the result, that time ran from the date of each successive breach. we are unable to accept the latter contention as well founded. the document must ..... and that consequently six years ought to run from that date. on behalf of the defendant-appellant it is argued, on the other hand, that the contract was that a specified sum would be paid out of the income of certain properties at prescribed times towards the satisfaction of the debt, and that whenever the ..... 116 has to be read along with article 115, and the time within which the suit must be instituted is six years from the date when the contract is broken, or where there are successive breaches, from the date of the breach in respect of which the suit is instituted, or where the breach is ..... b. ruxton 4 c.l.j. 510 a suit to recover money due on a registered bond is a suit for compensation for the breach of a contract in writing registered within the meaning of article 116 of the second schedule of the limitation act: that view accords with the earlier decisions in nobocoomar v. .....

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Aug 09 1911 (PC)

Lal Gopal Datta Chowdhury Vs. the Khorooriah Majozilla Zemindary Syndi ...

Court : Kolkata

Decided on : Aug-09-1911

Reported in : 13Ind.Cas.675

..... the provisions of the patni regulations should apply to the lease or that they ever considered the point. if those provisions would not apply to the contract that has been completed, the plaintiffs would none-the-less be entitled to a permanent lease.20. a cross-appeal has been preferred but the ..... it is not likely that the secretary concealed the fact that the bargain was concluded. moreover, that the appellant knew on the 11th october of the contract between bhupendra of barazillah and the company is clear from his letter of that date which runs as follows: 'the khorooriah majozillah (syndicate limited lave paid ..... the defendants should lease the property to them. sarat who, as we have said, seems a trust-worthy witness says that he informed manujendra that the contract had been completed, one or two days after the letter authorising delivery of possession was written, that is to say, about the 7th of september. ..... the terms agreed upon. the earned counsel for the appellant has referred us to numerous cases decided in england which deal with the question when a contract to be gathered from letters, etc., can be said to be concluded. we have carefully examined these cases, but it is unnecessary to refer to ..... difficult to prove it, does not affect its validity.12. the proceedings at the meeting of the 19th august do not weaken our view that the contract was complete before that day. all that was settled on that day was subsidiary points, which needed, of course, to be arranged, but did not .....

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Jan 27 1911 (PC)

BepIn Behari Mitter and ors. Vs. Tinkowri Pathak

Court : Kolkata

Decided on : Jan-27-1911

Reported in : 9Ind.Cas.374

..... . co. 44 mina 266 : 46 n.w. 321 in the case before us, it is impossible to maintain the position that the recital in question was the basis of the contract between the parties; it was essentially a collateral statement not concerning the direct purpose of the deed; consequently, it does not create an estoppel. carpenter v. buller (1841) 8 m ..... .j.k.b. 167 as dr., bigelow puts it (estoppel, page 459), a fact agreed or assumed to be true as the basis of a contract must be taken to be true specifically until the contract itself is lawfully impeached by plaintiff or by defendant. on this ground, it has been ruled that the description in a deed of lands excepted from .....

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Feb 07 1911 (PC)

Buldeo Das Singh Vs. Mohamaya Prosad Singh

Court : Kolkata

Decided on : Feb-07-1911

Reported in : 9Ind.Cas.652

..... personal advantage, it appears to me to be irrelevant to show that in fact the ward was not injured by the disposal.24. in my opinion a contract whereby a guardian whether natural or appointed agrees to dispose of his ward in marriage for his own personal pecuniary gain is not enforceable in a court of ..... v. panchkauri 5 b.l.r. 395 : 14 w.r. 154 it is to be observed that the question in the case was not whether such a contract was enforceable; the question was that which was afterwards decided in ram chand v. audaito sen 10 c. 1054.19. the case of ranee lallun v. nobin ..... in which it was held by farran, c.j., and tyabji, j., after reference to the precepts of manu and a consideration of the authorities that a contract by which a father was to be paid money in consideration of giving his son or daughter in marriage was against public policy and could not be enforced ..... law.25. it has been pointed out that, to hold a contract void as against public policy is a dangerous ground for a decision; but it may be accurately said that reasons of public policy preclude a court from enforcing ..... which was decided by garth, c.j., and beverley, j., in 1884. in that case the chief justice expressly declined to hold that the contract was enforceable--while beverley, j., thought the contract not opposed to public policy. both judges concurred in holding the plaintiff entitled to recover.21. i do not think the decision in bakshi das .....

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Aug 21 1911 (PC)

In Re: Rudolf Stallmann

Court : Kolkata

Decided on : Aug-21-1911

Reported in : (1912)ILR39Cal164

woodroffe, j.1. the petitioner, one rudolf stallmann alias koenig, has been extradited to germany on a single warrant dated 1st august in respect of two alleged offences of cheating or obtaining money by false pretences. in the first case he is said to have cheated one von dippe, and in the second one rudolph kiepert. at the conclusion of the extradition proceedings lie submitted a written statement under section 3(6) of the indian extradition (act xv of 1903). the government however refused to refer the points of law raised by him to the high court. being in custody under the extradition warrant in calcutta, he accordingly applied for an order in the nature of a writ of habeas corpus to test the legality of such custody and of the warrant which was said to justify it.2. the advocate-genera i has objected that we have no jurisdiction to interfere. section 491 of the criminal procedure code, however, enacts that the presidency high courts may, amongst other things, direct that a person illegally or improperly detained in public or private custody within the limits of their ordinary original civil jurisdiction be set at liberty. it is not necessary to consider the wider questions which have been raised as to whether the writ of habeas corpus has or has not been altogether abolished, and as to the remedy or remedies, if any, available to persons in custody outside such limits. in this case the petitioner is within the local limits, and the section applies, unless those who say .....

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