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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1916 Page 1 of about 32 results (0.018 seconds)

Dec 14 1916 (PC)

In Re: Sital Prosad and ors.

Court : Kolkata

Decided on : Dec-14-1916

Reported in : 41Ind.Cas.288

..... not merely as regards the deceased but also as regards the surviving principal. we have, in each case, to determine the true intention of the parties to the contract from the terms thereof and from the surrounding circumstances. this view is in accord with the decision in budh singh dudhuria v. denendra nath saneul 11 c. l ..... lived; the agreement of the parties had relation to the existing state of things which they presumed would continue for four years and in reference to which presumption alone they contracted friend v. friend in re: friend (1897) 2 ch. 421 : 66 l. j. ch. 737 : 77 l. t. 50 : 46 w. r. 139;. phillips v. ..... authority directly in favour of the respondents, for it merely decides that where there are two joint agents and one of them dies, upon his death the contract of agency terminates in so far as he is concerned but not as regards the surviving agent. the converse case of the death of one of two joint ..... petition of objection of the creditor dated the 8th april 1915.16. there is no room for controversy that as argued by the appellant, under section 201 of the indian contract act; as under the law of england [binders v. free (1829) 9 b. & c. 167 : 4 man. & ry. 282 : 7 l.j.k.b. (o. ..... date of the power-of-attorney and in respect of the undivided shares of the four brothers or the survivors of them.9. section 201 of the contract act of 1872 was relied upon by the appellant, but in my judgment that section would not apply to the above-mentioned circumstances of this case.10. .....

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Feb 11 1916 (PC)

Lakurka Coal Company, Ltd. Vs. Jumnadass Bhagwandass

Court : Kolkata

Decided on : Feb-11-1916

Reported in : 33Ind.Cas.838

..... up making, regular and specific requisitions for wagons in accordance with the request of the defendants, they clearly intimated that they wanted sufficient consignments to complete the delivery within the contract time; the defendants did indent for sufficient wagons to complete the delivery, they did in fact get sufficient wagons, but such wagons were supplied in respect of indents sent by ..... the defendants had allocated all the wagons, which they received from the railway companies, to the plaintiffs, there would have been more than sufficient wagons for delivery of the whole contract quantify, but on the other hand it is equally clear that if the company's indents for the whole of their customers are taken into consideration, such indents were not ..... ' for which the sellers 'shall indent on the railway company upon receipt of buyer's despatching instructions.'17. there was no evidence or suggestion that the rate mentioned in the contract was more than the market rate and it seems to me strange that the defendants should without extra remuneration have taken upon themselves an obligation, not usually undertaken in such ..... that i have mentioned.' then he refers to the passage of lord justice bowen which i have already quoted.14. the question, therefore, is, can the court in considering this contract in a reasonable and business manner come to the conclusion that an implication necessarily arises that it was the intention of the parties that the defendants should undertake the absolute .....

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Apr 07 1916 (PC)

Abdul Aziz Bepari and anr. and Mukunda Chandra Saha and anr. Vs. Jogen ...

Court : Kolkata

Decided on : Apr-07-1916

Reported in : 36Ind.Cas.119

..... a stack of corn?--i agree to sell him that specific thing, and lie agrees to buy it; the price undoubtedly remains an element of the contract, but we agree, instead of fixing upon a precise sum, that the sum shall be ascertained by a subsequent measurement. what is there to prevent ..... , however, says: 'our transactions with the defendants were not in accordance with this rule. our mode of transaction is noted in the plaint.' but the contract or usage set up in the plaint has not, as we have seen, been proved, and the evidence of the plaintiffs' own witnesses establishes the fact that ..... ownership of the goods did not pass to the defendants and accordingly dismissed the suit. the plaintiffs have appealed to this court.7. as to the contract alleged by the plaintiffs, the court below has held that it has not been satisfactorily proved. the only evidence on the point is that of ..... 5-6) they claim rs. 18,585-8-0, being the balance due together with interest thereon.5. the defendants denied that there was any express contract and also denied the usage set up in the plaint. they stated that the plaintiffs purchased jute after taking advances from the defendants, and having no ..... locality used, to purchase loose jute from dealers (beparis) and supply it to the defendants' firm.3. the plaintiffs in their plaint set up an express contract with the defendants, the terms whereof are stated to be as follows:that the plaintiffs would purchase loose jute for the defendants during the jute season, and .....

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May 17 1916 (PC)

Krishna Charan Barman and ors. Vs. Sanat Kumar Das and ors.

Court : Kolkata

Decided on : May-17-1916

Reported in : 34Ind.Cas.609

..... held, is not admissible in proof of the alleged agreement. the defendants cannot now turn round and set up the inconsistent case that the mortgage contract has been split up, because one of the mortgagors has been released by the mortgagees without the consent of the other mortgagors. in this view, ..... , faintly put forward that the defendants might invoke the assistance of the doctrine that as one of the mortgagors has been released, the entire mortgage contract has been thereby split up. but it is plain that the appellants are not entitled to rely on this position, which is inconsistent with their ..... the defendants appealed against this decree.17. the district judge held, in the first place, that there was evidence to show that the mortgage contract had been split up by agreement of all parties concerned and that the mortgagees had undertaken to receive from each of the mortgagors a proportionate amount ..... much moment to consider whether the court can grant such relief in the exercise of its equitable jurisdiction or under section 74 of the indian contract act as amended in 1899. it is sufficient to observe that although the section was originally proved to deal with the doctrine of penalty and ..... whether it contains any stipulation by way of penalty. if it does, then the party who is entitled to sue for the breach of the contract is entitled to recover nothing more than reasonable compensation, and, what is reasonable compensation must be settled by the tribunal before which the case comes .....

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Jan 04 1916 (PC)

A.K.A. Khan Ghuznavi Vs. National Bank of India, Ltd.

Court : Kolkata

Decided on : Jan-04-1916

Reported in : 33Ind.Cas.34

..... was originally agreed upon between them and the debtor, and not the higher rate demanded from the appellant in their letter of the 16th july 1914. no contract was made for payment of interest at the higher rate and none can be implied from the conduct of the parties. the decree, consequently, requires to ..... not choose to avail themselves thereof; nor can we say that the bank entered into fresh transactions with the debtor which constituted a variation of the original contract or in any way impaired the eventual remedy of the surety against the principal debtor. the claim of the bank must consequently be sustained.58. there remain ..... appeal with costs.asutosh mookerjee, j.54. this is an appeal by a.k. ghuznavi, the defendant, in an action for recovery of money due on a contract of guarantee. the brother of the appellant, a.h. ghuznavi, who carried on business in calcutta as a jute bailer and shipper under the name of a. ..... . 1 account, and that consequently the bank had done an act inconsistent with the rights of the surety within the meaning of section 139 of the contract act.21. in my judgment that argument will not assist the defendant.22. the answer to it is that it was not within the power of ..... , has been discharged from his liability to the bank.19. the points urged before this court were that the matter was governed by section 139 of the contract act which runs as follows: 'if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which .....

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Feb 11 1916 (PC)

Raghumull Vs. Luchmondas

Court : Kolkata

Decided on : Feb-11-1916

Reported in : 38Ind.Cas.278

..... that event has actually happened and the chance has been transformed into a certainty. there is also no force in the contention that after breach of the under-brokerage contract, the brokerage contract could not be terminated, as between the parties thereto, by notice under clause 15. no such limitation can be read into that clause. it is plain that david ..... the contingency -had not actually happened before the assessment of damages, it would have been incumbent upon the court to make allowance for the probability of such termination of the contract. the calculation of the value of the damages, with any approach to exactness in such circumstances, might have been a problem of great practical difficulty. but here, fortunately, the ..... company might further extend. business was carried on under these contracts till the 27th april 1912, when juggoomul died; and, thereafter, the business the continued apparently as if no change had taken place. on the 12th august 1912, raghumull, the ..... of this clause, the brokers, on the 8th june 1911, appointed the respondents luchmondas khandelwal and jaynarayan as under-brokers. the under-brokerage agreement recited the fact of the brokerage contract, and expressly stipulated in the first clause that the under-brokers would act during the subsistence of the brokerage agreement or for such additional period as the brokers and the .....

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Apr 14 1916 (PC)

Lalit Mohun Nundy Vs. Haridas Mukherjee

Court : Kolkata

Decided on : Apr-14-1916

Reported in : 37Ind.Cas.707

..... 76 of the indian contract act, which lays down that in chapter vii the word goods' means and includes evey kind of moveable property. as section 17s is in chapter ix, ..... r. d. v. national bank of india (1), the argument has been advanced that these certificates were goods within the meaning of section 178 of the indian contract act. i atn not prepared to accept this contention as well founded. reference was made to tw very comprehensive definition of the term 'goods' given in section ..... not confer on the plaintiff a title better than what he himself possessed. the plaintiff is consequently driven to rely on section 178 of the indian contract act, which deals with cases of pledge by possessors r f goods or documentary titles to goods, and lays down that a person who is in ..... the hypothesis i have stated, is assumed to be an honest holder of them.12. the first question which is raised is whether section 178 of the contract act applies to the case. i am not prepared without further consideration to say that it does. the learned judge who expressed his opinion in sethna, r ..... the limit of nikkamull's authority; and, inasmuch as he took them without notice and bona fide he is protected by section 178 of the indian contract act, and it has been urged that this certificate comes within the meaning of that section. section 178 runs as follows, a person who is in .....

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Feb 14 1916 (PC)

G.C. Sett and anr. Vs. Madhoram Hurdeodass

Court : Kolkata

Decided on : Feb-14-1916

Reported in : 33Ind.Cas.540

..... r. 143 : 110 r.r. 816. it is argued in this case that inasmuch as the goods were on board a german steamer, the performance of the contract necessitated intercourse with the enemy, which was prohibited by the enemy proclamation no. 2 of the crown dated 9th september 1914, clause (5), sub-clause (7), ..... and submitted in the alternative that they were entitled to the reliefs claimed in this suit on the footing that both the parties treated the said contract as subsisting on the arrival of the said goods in calcutta, and that the defendant firm was estopped by its conduct, as evidenced by the ..... the plaintiffs refused to pay same, they could not get delivery of the goods. they further submitted that on the outbreak of the war the contract became unlawful and the defendant firm was discharged from all liability thereunder. they also denied that the market rate was correctly stated in the plaint.4 ..... by his majesty's government at colombo and was subsequently condemned with all the cargo on board by the colombo prize court, and that accordingly the contract with the plaintiffs became impossible of performance.(2) that alternatively should this court come to a contrary conclusion, the charges specified in a bill of ..... the price of the goods of the two shipments, namely, of june and july, inasmuch as the plaintiff firm had committed a breach of the contract by not paying the price thereof. they denied that the plaintiffs were ready and willing, and alleged that the tender was not valid or proper. .....

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Apr 06 1916 (PC)

Kali Dassee Dassee and ors. Vs. Nobokumari Dassee and ors.

Court : Kolkata

Decided on : Apr-06-1916

Reported in : 36Ind.Cas.655

..... the appellants, it has been argued, however, that this view may render possible an evasion of contractual obligation wherever an unscrupulous person enters, into a contract and subsequently places himself under the jurisdiction of the probate court as an administrator. there is, in my opinion, no real foundation for this apprehension. ..... acquire the property. as the result of negotiations, on the 23rd january 1910, the first two defendants executed in favour of the bhurs a contract of sale and undertook to execute a conveyance on receipt of the price, which was fixed at rs. 8,000 per cottah. immediately after this ..... bhur.11. the first question i have to consider on these facts, is whether the plaintiffs can obtain a decree for specific performance of the contract against the first two defendants. in my opinion, the plaintiffs cannot succeed in obtaining this decree.12. the case which was referred to by ..... to obtain the leave of the court to sell the premises in question to the plaintiffs: in other words, the contract became a conditional one--conditional upon the performance of these two matters at all events what happened there is as follows: on the 1/3rd of ..... tint of all, whether there was necessity for sale; secondly, whether the price which was offered by the intending purchaser was a proper price. the contract, in my judgment, was to this effect, namely that the widows were to clothe themselves with the character of administratrixes; and, further, they were .....

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Jan 28 1916 (PC)

Kissendoyal Jitsaria and ors. Vs. Askaran Chowthmull

Court : Kolkata

Decided on : Jan-28-1916

Reported in : 34Ind.Cas.290

..... letter says this,--it was written by the defendants themselves to the plaintiff--we beg to state that your 125 biles of jobsa jute under the above contract (i.e., contract no. 432 of g. l. dudhuria 125 bales) had already reached our godown, but we regret to inform you that the quality of the same ..... we told you that we rejected them,' or it may mean that we drew your attention to the fact that the goods were not in accordance with the contract quality.' therefore, to my mind the letter is not conclusive either one way or the other.7. now, what is the position? the defendants accepted ..... the defendants in that letter are referring to two things. they are referring to the fact that the goods were inferior to the quality guaranteed by the contract; they are also referring to the fact that they rejected the same when they say that that matter was brought to your notice on several occasions verbally,' ..... time: and, if i may say so, he was perfectly right in making that admission, because nobody could suggest that business people with regard to a contract of this kind could sit still for three weeks after the goods were delivered taking no action with regard to them and then come forward after three weeks ..... in my opinion, he was right in arriving at that decision. of course, that does not end the matter. the goods not being in accordance with the contract, the defendants, if they chose, could have rejected the goods, and the law in this respect is made by the terms of the section to which we .....

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