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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1912 Page 1 of about 34 results (0.014 seconds)

Jul 22 1912 (PC)

Ram Borai Singh and ors. Vs. Mohendra Prosad Singh and ors.

Court : Kolkata

Decided on : Jul-22-1912

Reported in : 16Ind.Cas.73

..... in coming to this conclusion, i do not overlook the contention that the statute of limitation constitutes a bar to this suit. but as the contract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but even if it be taken that article 83 alone is the ..... we have in the express agreement of the parties themselves a fair measure of the extent of this indemnity for which they contracted. that amount is manifestly in excess of the damages awarded to the plaintiff by the court of first instance where a decree for rs. ..... an appeal; therefore, that amount cannot be increased by us, and it is only for us in these circumstances to hold, as we do, that the indemnity extended at least to the amount of rs. 425: and we must, accordingly, reverse the decree of the district judge and restore that of the munsif ..... is, i think, by these considerations that we should be guided in this case. there may be some difficulty in determining the precise extent of the indemnity to which the vendor was entitled from the purchaser of the equity of redemption, having regard to the fact that only a part was purchased. but ..... value of that equity of redemption, he contracts to protect his vendor from the obligation of the mortgage. the buyer's contract with the mortgagor is that the debt shall not fall upon him. it is a contract of indemnity and the buyer would be bound without any specific contract to indemnify the seller. tweedale v. tweedale .....

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Jul 08 1912 (PC)

Jogemaya Dasee Vs. Akhoy Coomar Das

Court : Kolkata

Decided on : Jul-08-1912

Reported in : (1913)ILR40Cal140,18Ind.Cas.954

..... in the abstract, and no objection to the title shall be allowed.' the first point mr. matter has made on that is with reference to this deed of indemnity. the deed of indemnity not affecting the title, the purchaser is not bound to accept the recitals in that document as conclusive on matters relating to the title, unless he has by express ..... of title with which the abstract commences or purports to commence has got to be, prima facie, a document which is a proper root of title, and a deed of indemnity indemnifying the past committee of a lunatic obviously has nothing to do with the title at all, and that document is in no sense a root of the title.4 ..... reference to a document in the abstract. that document it is true is not a document dealing with the title of the property at all, but is a bond of indemnity. true it is that it contains recitals of importance relating to the pedigree, but not in any way of itself affecting the title to the property. he said the abstract ..... condition contracted to do so.5. the other portion of the conditions mr. mitter has relied upon is as to the purchaser accepting the title as disclosed in the abstract .....

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Aug 22 1912 (PC)

Mozelle Joshua Vs. Sophie Arakie and anr.

Court : Kolkata

Decided on : Aug-22-1912

Reported in : 18Ind.Cas.132

..... of historical rather than of practical interest.12. on a consideration of the materials on the record, i am convinced that the ketuba is a necessary incident of a marriage contract in calcutta between those of the jewish faith.13. and though it is expressed in terms that suggest pecuniary endowment, yet, according to modern ideas and modern practise, this expression .....

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Aug 22 1912 (PC)

Joshua Vs. Arakie

Court : Kolkata

Decided on : Aug-22-1912

Reported in : (1913)ILR40Cal266

..... of historical rather than of practical interest.12. on a consideration of the materials on the record i am convinced that the ketuba is a necessary incident of a marriage contract in calcutta between those of the jewish faith.13. and though it is expressed in terms that suggest pecuniary endowment, yet according to modern ideas and modern practice this expression .....

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Apr 24 1912 (PC)

H. Mathewson Vs. Raja Ram Kanai Singh and ors.

Court : Kolkata

Decided on : Apr-24-1912

Reported in : 16Ind.Cas.387

..... shall have paid it to the creditor, the surety is discharged. the essence of the matter is that the creditor must not, either actively or passively, prejudice the right to indemnity of the surety against the principal debtor capel v. butler 2 s. & s. 457 : 4 l.j. (o.s.) ch. 69; wulff v. jay l.r. 7 q.b. 756 ..... was consideration for the mortgage-bond and that this defendant is liable as surety. in our opinion, this position cannot be maintained in view of section 134 of the indian contract act. that section provides that the surety is discharged by any act or omission of the creditors, the legal consequence of which is the discharge of the principal debtor. as .....

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Feb 13 1912 (PC)

Angullia and Co. Vs. Sassoon and Co.

Court : Kolkata

Decided on : Feb-13-1912

Reported in : (1912)ILR39Cal568

..... see section 83). the position then was that, the vendors had done all in their power to make the i specific goods the subject-matter of the contract.24. in this case it is otherwise; here there was, neither ascertainment nor even appropriation. the sugar was in bulk, and the vendors had not ..... .23. in moll schutte & co. v. luchmi chanel (1898) i.l.r. 25 calc. 505 the plaintiffs sold to the defendants under an indent contract ten cases of tobacco to be shipped by steamer to calcutta. the plaintiffs ordered ten cases only of tobacco, and caused them to be shipped and consigned to ..... the footing of the re-sale. harington j. decided this against the plaintiffs, holding there was nothing to which the power of re-sale under the contract could attach. for the plaintiffs it was contended that the learned judge in so deciding failed to follow the decision of the full bench in moll schutte ..... that the plaintiffs, when challenged by the defendant, refused to amend their plaint so as to make a case of damages on the difference between the contract price and the market price at due date, and was supported in this refusal by the court.18. and there is yet another circumstance which lends ..... objection of want of jurisdiction embodied in the first issue has been abandoned and the points made before us are these:first, it is said that the contract was unauthorized, and, secondly, that as the judge decided against the plaintiff's contention that the price on the re-sale furnished the measure of damages .....

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Feb 13 1912 (PC)

M.S. Angulia and Co. Vs. E.D. Sassoon and Co.

Court : Kolkata

Decided on : Feb-13-1912

Reported in : 13Ind.Cas.705

..... objection of want of jurisdiction embodied in the 1st issue has been abandoned, and the points made before us are these:first it is said that the contract was unauthorised, and secondly, that as the judge decided against the plaintiffs' contention that the price on the re-sale furnished the measure of damages, ..... that the plaintiffs, when challenged by the defendants, refused to amend their plaint 30 as to make a case of damages on the difference between the contract price and the market price at due date and were supported in this refusal by the court. and there is yet another circumstance which lends strength ..... the footing of the re-sale. harington, j., decided this against the plaintiffs, holding there was nothing to which the power of re-sale under the contract could attach. for the plaintiffs, it was contended that the learned judge in so deciding failed to follow the decision of the foil bench in moll schutte ..... difference. in moll schutte & co.'s case 25 c. 505 : 2 c.w.n. 283, the plaintiffs sold to the defendants under an indent contract 10 cases of tobacco to be shipped by steamer to calcutta, the plaintiffs ordered ten cases only of tobacco and caused them to be shipped and consigned to ..... (see section 83).26. the position then was that the vendors had done all in their power to make the specific goods the subject-matter of the contract.27. now in this case, it is otherwise; here there was neither ascertainment nor even appropriation. the sugar was in balk, and the vendors had .....

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Aug 22 1912 (PC)

Durga Prasad Singh Vs. Gosta Behari Nandi and ors.

Court : Kolkata

Decided on : Aug-22-1912

Reported in : 18Ind.Cas.545

..... plain unambiguous language. and if the various considerations, which have found weight with the learned subordinate judge, had been present to the minds of the contracting parties, and their intention had been that which is attributed to them by the subordinate judge, they would doubtless have used language which would make ..... opening of the bengal nagpur railway and interpreting the language of the contract by the result of his speculations. as a consequence he has arrived at the conclusion that the sentence in question bears a meaning which ..... appellant must have a decree.8. in approaching this question the learned subordinate judge has adopted the erroneous course of speculating as to the contract which the parties might have been expected to make if they had considered and appreciated rightly all the economic results which might follow on the ..... effect to it; it is a matter for speculation and beyond the province of judicial inquiry. the suit is not framed for reformation of the contract which must be enforced according to its terms.6. the result, therefore, is that this appeal is allowed and the decree of the subordinate ..... used are neither obscure nor ambiguous, and if i were to accede to the contention of the respondent, i would have to make a new contract for the parties. the court is concerned solely with the language of the instrument and is called upon to determine the intention of the parties .....

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Jun 18 1912 (PC)

Secretary of State for India in Council Vs. A.H. Forbes

Court : Kolkata

Decided on : Jun-18-1912

Reported in : 17Ind.Cas.180

..... construed in favour of the grantee. now, if the contract between the parties entirely terminated in 1902, it was quite unnecessary to reserve to government the power to make a new settlement. therefore, the reservation of that power to government ..... to bring into operation a new lease on a fair jama,' were merely a clause emphasizing the fact that the termination of the lease in 1902 was to end the contract between the parties, the appellant must succeed. but a meaning must be given to every clause where possible, and if there is ambiguity in a grant, it must be ..... no means happily worded, i have arrived at the conclusion that the clause in question was intended to be a covenant for renewal. it has not been explained why a contract of tenancy of this character, executed by one englishman in favour of another, should have been written in what turns out to be a by no means intelligible indian ..... the renewal clause itself. it is clear the words on a fair jama' would be meanings less if applied to any person other than the respondent, for in a contract between a and b., it is of no concern to b. for a. to say, 'i shall have power to renew the ..... contract with c. on a fair rent.'7. any difficulty which there is in the case arises from the fact that the lease is loosely worded. it contains other provisions .....

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Jun 20 1912 (PC)

Mati Lal Karnani Vs. Darjeeling Municipality

Court : Kolkata

Decided on : Jun-20-1912

Reported in : 18Ind.Cas.844

..... to discuss what the rights and liabilities of the parties might have been, if during the term of 15 years a suit for specific performance of the contract had been brought by either party against the other, or if in an action in ejectment by the lessor, the lessee had taken the defence that ..... agreement at all between the shoe-maker and the municipality; much less is there evidence to show that the agreement, if any, was one in the nature of a contract of tenancy. the observations in the case of morphett v. jones (1818) 1 sw. 172 at p. 181; 1 wils. ch. 100; 18 r.r ..... in many cases that continuance amounts to nothing; but admission into possession, having unequivocal reference to contract, has always been regarded an act of part performance. the acknowledged possession of a stranger in the land of another is not explicable, except on the ..... and that he is entitled to treat those acts as if it had never existed. that is the principle, bat the acts must be referable to the contract. between landlord and tenant, when the tenant is in possession at the date of the agreement and only continues in possession, it is properly observed that ..... have no application to a case like the present where there is no proof of any contract at all between the parties. under these circumstances, we are unable to hold that the shoe-maker held under a contract of tenancy and that abinas chandra neogi by his purchase from the shoe-maker acquired the .....

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