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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1911 Page 2 of about 19 results (0.014 seconds)

Aug 24 1911 (PC)

Jadunandan Prosad Singha Vs. Koer Kallyan Singh and ors.

Court : Kolkata

Decided on : Aug-24-1911

Reported in : 13Ind.Cas.653

..... proviso to section 92 of the indian evidence act indicates that the existence of a separate oral agreement constituting a condition precedent to the attaching of any obligation under a contract grant or disposition of property which has been reduced to the form of a document, may be proved. in fact, the cases mentioned by the learned vakil for the respondents .....

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Jun 09 1911 (PC)

Mozelle Joshua Vs. Sophie Arakie

Court : Kolkata

Decided on : Jun-09-1911

Reported in : (1911)ILR38Cal708

..... , to my mind, establish that she has any rights under it against her deceased husband's estate, and my view is strengthened by the evidence that when a marriage is contracted by jews of wealth and position, although the sums inserted may be larger, yet for the purpose of giving the widow, the rights to her husband's property, an ordinary .....

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Sep 05 1911 (PC)

East Indian Railway Company Vs. Sispal Lal

Court : Kolkata

Decided on : Sep-05-1911

Reported in : (1912)ILR39Cal311

..... may affect the proof of the question, was the portmanteau delivered? but assuming non delivery to be proved, it cannot operate as a bar, there not having been in the contract between the parties a provision or an implication that should the goods delivered be taken without challenge at the time, right to recover for any undelivered article should be forfeited ..... wendell n.y. 306 : 35 am. dec. 562 it was held that the receipt of the goods alone, with no stipulation that they are accepted in full performance of the contract, does not constitute a waiver of claim for damages for which the carrier may be liable: alden v. pearson (1855) 69 mass. 342 and lesinsky v. great western despatch (1881 .....

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Aug 25 1911 (PC)

Chowdhury Mohadeo Pershad Vs. Sheikh Pachkari and anr.

Court : Kolkata

Decided on : Aug-25-1911

Reported in : 13Ind.Cas.941

..... ejectment passed on the ground that he has broken a condition consistent with the provisions of the act and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.' apart from the question whether the legislature intended to apply this section to cases of transfers of holdings, it is necessary .....

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Aug 07 1911 (PC)

Peary Mohan Das Vs. D. Weston and ors.

Court : Kolkata

Decided on : Aug-07-1911

Reported in : 13Ind.Cas.721

..... act, 1908, which applies to the present suit is i think, article 86. this suit is, i think, a suit 'for compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for,' the period of limitation for such a suit is two years from the time when the malfeasance, misfeasanee, or nonfeasance takes place. in this .....

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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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May 16 1911 (PC)

Dinesh Chandra Roy Chowdhury Vs. Biraj Kamini Dasee

Court : Kolkata

Decided on : May-16-1911

Reported in : (1912)ILR39Cal87

..... the clear general principle of hindu law that a donee must be in existence, desire not to express any opinion as to certain exceptional, cases off provisions by way of contract or of conditional gift on marriages or other family provisions for which' authority may be found in hindu law.'21. i agree, therefore, that this appeal must fail and be .....

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Jun 28 1911 (PC)

Begg, Dunlop and Co. Vs. Jagannath Marwari

Court : Kolkata

Decided on : Jun-28-1911

Reported in : (1912)ILR39Cal104

..... , at least unless he is in possession of property within the state belonging to the principal debtor, or is indebted to him, and such debt is, by terms of the contract, to be liquidated within the state. the principle upon which this result reached is lucidly explained by chief justice drake in his classical treatise on the law of attachment (7th ..... of a trustee is like a cess in rem. a chose in action is thereby arrested 1 made to answer the debt of the principal. the person entitled by the contract of the supposed trustee thus summoned by the arrest of this species of effects. these are, however, to be considered for this chose as local and as remaining at the .....

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Jul 18 1911 (PC)

Gopessuar Dutt and Jarat Kumari Dassi Vs. Bissessur Dutt

Court : Kolkata

Decided on : Jul-18-1911

Reported in : 13Ind.Cas.577

lawrence jenkins, c.j.1. this appeal arises out of an application for probate of an instrument bearing date the 13th ashar 1316, or the 27th of june, 1909, and purporting to be the will of gopessur dntt and to bear his signature.2. two questions arise: first, whether the signature to the instrument is that of gopessuar dutt, and, secondly, in case it is his signature, whether, when he placed it there, he was of sound mind.3. ghitty, j., has decided against the will on grounds which i will later discuss, and from his judgment the present appeal has been preferred.4. gopessur dutt died in the early hours of the 28th of june 1909 at the age of 36 or thereabouts. he left a widow, the appellant sreematy jarat kumari dassi, who seeks to propound the instrument in dispute. there was one daughter who died in infancy, but apart from this there was no child of the marriage. gopessur was one of three brothers, the other two, both younger than he, being bissessur, the caveator and respondent, and parmessur.5. it is admitted by counsel for the respondent, and is clear from the evidence, that gopessuar and bissessur were not on terms of friendship. the relations between gopessur and parmessur, however, were good; for some time after they parted from bissessur they lived together in the garden house that had been allotted to them on partition; and though, shortly before his death, parmessur had parted in mess and was building himself a separate house, this did not indicate any serious .....

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