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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1913 Page 1 of about 20 results (0.057 seconds)

Jun 12 1913 (PC)

Shiba Prosad Samanta Vs. Rakhalmani Dasee

Court : Kolkata

Decided on : Jun-12-1913

Reported in : (1914)ILR41Cal130

..... the putni lease to which i have already referred is in wide terms; and is in effect an indemnity against poolbundi charges. the first point, therefore, we have to consider is whether that in respect of which the zemindar now intends to advance a claim is a poolbundi charge ..... that it is clear it was within the intention of the parties to include such a poolbundi as that with which we are now concerned. indeed the basis of the contract between them must have been that the putnidar was to be exempt from all charges to which the term poolbundi could reasonably be applied. therefore, i think, this second point ..... the agreement, so that the plaintiff is within the provisions of the law which require that it should be shown that there is reason to apprehend the breach of the contract on which he relies. therefore, i think the suit is properly conceived. the only question then is whether the plaintiff has the contractual rights which he claims. the clause in ..... fail to see the fine distinction which embarrassed the learned judge in reference to this point. the government is in no way prejudiced by this contract between the zemindar and the putnidar. it is merely a contract that the zemindar will bear, as between him and the putnidar, certain charges. if the government have any right against the property of the putnidar .....

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May 16 1913 (PC)

Ram Charan Bajpai Vs. Rakhal Das Mookerjee

Court : Kolkata

Decided on : May-16-1913

Reported in : (1914)ILR41Cal19

..... terms, cannot be specifically enforced. section 56 in chapter x of that act lays down that an injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced. the trustees have to supervise the acts of the superintendents, but if the trustees have lost ..... granted to prevent the breach of an obligation existing in favour of the applicant whether expressly or by implication, and that when such obligation arises from contract, the court shall be guided by the rules and provisions contained in chapter ii of the act, and section 21(6) in chapter ii of ..... with any hope of ultimate and real success, and accordingly the court refuses to entertain jurisdiction with regard to them:' see fry on specific performance of contracts, 5th edition, page 51. section. 54, in chapter x of the specific relief act, provides theft subject to the other provisions contained in or ..... there is no trust created in favour of the superintendent, and that there is only a contractual relation between him and the trustees. now a contract of service may be determined by the master and the only remedy for a wrongful dismissal would be by an action for damages. suppose the plaintiff ..... the act provides that a contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volitions of the parties, or otherwise from .....

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Apr 07 1913 (PC)

Jagarnath and Co. Vs. Cresswell and ors.

Court : Kolkata

Decided on : Apr-07-1913

Reported in : (1913)ILR40Cal814

..... to show that the marks in suit have been removed from the trade groups in which they were. my view, therefore, is that the indemnity in the agreement does not relate to group or groups of marks established by the london jute association, and that the claim for damages is not ..... public policy to consider--that you are not lightly to interfere with this freedom of contract.' it is for the defendants to show that the agreements are opposed to public policy, and this they have failed to do.17. the second ..... thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by courts of justice. therefore, you have this paramount ..... 1912, hawarth & co., by their letter of that date gave notice to jagarnath & co. that in the events that had happened they would not carry out the contract signed by them. on 2nd july, 1912, messrs. leslie & hinds, attorneys on behalf of hawarth & co. and mo ran & co., informed jagarnath & co. ..... which were to be included those marks baled by indians of which the quality had been as nearly as possible in accordance with the guarantee of the contract. by this circular the london jute association adopted or proposed to adopt seven groups of marks, viz.: reds, firsts, daccas, lightnings, mangos, hearts .....

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Dec 11 1913 (PC)

Freeman Vs. P. and O.S.N. Co. Ltd.

Court : Kolkata

Decided on : Dec-11-1913

Reported in : (1914)ILR41Cal703

..... on his behalf. mr. powell accordingly attended at the defendant company's office; produced the notice of arrival; executed in the defendant company's favour an indemnity bond, and thereupon received a delivery order dated 18th april 1911. armed with this he accompanied miss adelaide freeman, a sister of nigel w. freeman, ..... to take delivery. as to the delivery order, the evidence shows that the bill of lading is released, or a delivery order issued on an indemnity being taken, rather to show the port commissioners that the shipping company have no outstanding lien for freight or other charges, than as an authority ..... his agent to return the goods to the plaintiff, he was held responsible for that person's misappropriation of the goods. there was in that case no contract, as there is here, between the plaintiff and the defendant. the case of the stettin (1889) 14 p.d. 141, cited by plaintiff's ..... to consider the several provisions of the bill of lading or to determine whether, if at all, the defendant company could he made liable under that contract, having regard to the undervalue stated in the declaration made by mrs. freeman, and other circumstances.5. secondly, it is conceded that the defendant company ..... point has been decided.4. in the first place it is now conceded that no liability can attach by reason of the contract contained in the bill of lading. the contract of carriage was admittedly at an end when the packages were made over by the defendant company to the port commissioners. .....

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Dec 11 1913 (PC)

Freeman Vs. P. and O.S.N. Co., Ltd.

Court : Kolkata

Decided on : Dec-11-1913

Reported in : 25Ind.Cas.885

..... on his behalf. mr. powell accordingly attended at the defendant company's office, produced the notice of arrival, executed in the defendant company's favour an indemnity bond and thereupon received a delivery order dated 18th april 1911. armed with, this he accompanied miss adelaide freeman, a sister of nigel w. freeman, ..... to take delivery. as to the delivery order, the evidence shows that the bill of lading is released or a delivery order issued on an indemnity being taken, rather to show the port commissioners that the shipping company have no outstanding lien for freight or other charges, than as an authority ..... as his agent to return the goods to the plaintiff, he was held responsible for that person's misappropriation of the goods. there was in that case no contract, as there is here, between the plaintiff and the defendant. the case of the stettin (1889) 14 p.d. 142 : 58 l.j. adm. ..... to consider the several provisions of the bill of lading or to determine whether, if at all, the defendant company could be made liable' under that contract, having regard to the undervalue stated in the declaration made by mrs. freeman and other circumstances.5. secondly, it is conceded that the defendant company ..... point has been decided.4. in the first place, it is now conceded that no liability can attach by reason of the contract contained in the bill of lading. the contract of carriage was admittedly at an end when the packages were made over by the defendant company to the fort commissioners. it .....

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Jul 03 1913 (PC)

Pratap Chandra Shaha Vs. Mahomed Ali Sarkar

Court : Kolkata

Decided on : Jul-03-1913

Reported in : (1914)ILR41Cal342

..... contains blanks. evidence cannot be given of facts which would show how they were meant to be filled.' if, for instance, in this particular case the contract had said that interest would be payable at the rate of one anna per rupee, and there was a blank, it would not be permissible to the ..... held that evidence may be allowed to be given in anticipation of some obvious defence, for instance, evidence of prior transactions between the parties, to construe a term in a contract, in rebuttal of a possible customary meaning: bourne v. gatliffe (1844) 11 cl. & fin. 45; 44 r.r. 723. similarly, in robinson v. mollett ..... has been made in his favour and has preferred this appeal under the letters patent. his contention is that upon a true construction of the contract of tenancy, interest ought to be decreed in his favour at the rate of 75 per cent. per annum. he has convinced us that the ..... monmotha nath chaudhury v. nabin chandra sanyal (1910) 14 c.w.n. 1100 that evidence is admissible to show that the words used in the contract of tenancy were intended to provide that interest at the prescribed rate should be calculated monthly. the plaintiff is not satisfied with the order of remand which ..... the substantial question in controversy between the parties is as to the rate at which interest is payable upon the amount of rent in arrears. the contract between the parties is embodied in a kabuliyat executed on the 20th of jane 1872. this document recites that interest would be paid by the tenant .....

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Jan 29 1913 (PC)

Grey Vs. Lamond Walker

Court : Kolkata

Decided on : Jan-29-1913

Reported in : (1913)ILR40Cal523

..... assignee had elected to take up the contracts it was his duty to tender cash to the defendants before requiring the defendants to deliver the goods to him it is admitted he did not do ..... assignee do not in fact arise, because in my opinion the official assignee did not declare within a reasonable time that he intended to take up the contract, and the defendants were entitled to assume that the official. assignee intended to abandon it. the decisions i have cited above show that if the official ..... & co. might have considered it necessary, though there is no evidence that they did in this case, to cancel on the best terms that they could the contracts that they had made in java with respect to the sugar. in my opinion, the election declared in the letter of the 13th september, 1911, was far ..... insolvent was bound to complete them, namely, that he should make a tender of cash before calling upon the vendor to deliver under the terms of the contract. in my opinion, the decision of lord selborne, when lord chancellor, and lord justices james and mellish in ex parte chalmers (1) is conclusive on ..... the style of gurmukh roy ramessur, and no steps were taken by the official assignee until the 18th of september, 1911, for the purpose of completing these contracts. on the 18th of september, 1911, mr. grey wrote to the defendants in these terms: 'i have to give you notice that you have not .....

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Jan 29 1913 (PC)

C.E. Grey Vs. Walker, Goward and Co.

Court : Kolkata

Decided on : Jan-29-1913

Reported in : 18Ind.Cas.753

..... had elected to take up the contracts, it was his duty to tender cash to the defendants before requiring the defendants to deliver the goods to him. it is admitted he did not do ..... do not in fact arise, because in my opinion, the official assignee did not declare within a reasonable time that he intended to take up the contract and the defendants ware entitled to assume that the official assignee intended to abandon it. the decisions i have cited above show that if the official assignee ..... they did in this case, to cancel on the best terms that they could the contracts that they had made in java with respect to the sugar. in my opinion, the election declared in the letter of the 13th september 1911 was far ..... firm should have to wait from the 15th of june to the 13th september to find out whether the official assignee intended to elect to take up the contracts or not. it may be that in that time messrs. walker, goward and company might have considered it necessary, though there is no evidence that ..... under the style of gurmukh roy-ramesha and no steps were taken by the official assignee until the 13th of september 1911 for the purpose of completing these contracts. on the 13th of september 1911, mr. grey wrote to the defendants in these terms: 'i have to give you notice that you have not .....

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May 20 1913 (PC)

LachminaraIn Bhareodan Vs. Hoare, Miller and Co.

Court : Kolkata

Decided on : May-20-1913

Reported in : (1914)ILR41Cal35

..... arrangement, a new term which substantially altered the other terms of the original agreement, and by such addition it seems to me that a new contract can be said to have resulted therefrom. but there is something further. the correspondence does not explain how it was that after the 21st january, ..... the arrangement come to for substituting the date of delivery for another date. his view was that confusion was created by overlooking the fact that the contract remained, but that the remedy upon it was not of avail, having regard to the statute. his words were: 'independently of the statute, there ..... , and said that they granted extension of delivery of the bales under the contract until the end of the month; they added that if the plaintiffs could manage to deliver earlier, they would be obliged.4. there are certain ..... november, 1912, from the plaintiffs to this effect: 'as arranged, please allow us extension to deliver 500 bales due this month under the above contract till the 25th december, subject to 'your inspection at our press-house before delivery.' the plaintiffs by their letter of the 3rd december extended the time ..... from the pleadings and affidavits filed in this case in support of the application and in answer to it, appear to be these: that after the contract was entered into, some goods were tendered by the plaintiff firm in respect of the october portion. the defendant company objected, on the 23rd october .....

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Sep 01 1913 (PC)

In Re: Abdul Rasul

Court : Kolkata

Decided on : Sep-01-1913

Reported in : (1914)ILR41Cal518

..... been made by any authorized person. no doubt the doctrines of estoppel and part performance apply to corporations. the principles applied in such cases are said to be independent of contract. but no sort of estoppel, part performance or notification can bind a corporation to a transaction which the legislature has in substance forbidden it to undertake; such restriction is to ..... mr. rasul accepted his appointment for the period of two years. there is no writing to that effect. he undoubtedly intended to continue. it is after all, if anything, a contract of service; but where are the terms to be found? the resolution of the syndicate merely speaks of a provisional appointment. the university could not be bound by any representation ..... said, however, that even if it be held that mr. rasul was appointed provisionally yet the university having availed itself of his services, it is an executed contract and it must be taken that the contract is still subsisting as the appointment was for a period of two years. york and north midland railway company v. the queen (1853) 1 el. & b .....

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