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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1924 Page 1 of about 49 results (0.019 seconds)

Jan 31 1924 (PC)

Nanda Lal Roy Vs. Gurupada Haldar

Court : Kolkata

Decided on : Jan-31-1924

Reported in : (1924)ILR51Cal588

..... of shares sold would no doubt correspond with those bought, but where this course was adopted it is impossible to say that there was a contract between the parties evidenced by bought and sold notes. the only solution is that the plaintiff in such a case himself was buying and himself ..... a groat measure related and cannot conveniently be separated. i propose therefore first to enquire into the relative positions of the parties under the indian contract act, passing therefrom to the question of the admissibility of evidence as to usage or custom, the existence and effect of which i shall then ..... damages. at a comparatively recent date the written statement was amended and by the amendment the defendant pleads that though the plaintiff entered into the contracts in the character of agent or broker for an undisclosed principal, in reality there was no principal. when the amendment was allowed, i was ..... exchange association he bought against the defendant. he alleges that he has sustained damages in the amount already stated.2. the defendant pleads that the contracts were gambling transactions. the plea of wagering has been abandoned and nothing was said about it at the hearing. he denies the alleged extension ..... entered into by the plaintiff?iv. if the defendant entered into the contracts with the plaintiff in the character of agent, (a) was the plaintiff acting in reality on his own account, (6) is the plaintiff entitled to any indemnity?v. is there a custom as alleged in paragraph 2 of the .....

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Mar 28 1924 (PC)

Mcleod and Company Vs. Ivan Jones and Company

Court : Kolkata

Decided on : Mar-28-1924

Reported in : 87Ind.Cas.218

..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... regard to the fact that a demonstration car with clincher tyres was given to him, as i find was a fact, before he entered into the contract, that the plaintiffs are now precluded from asserting that the export specifications did not provide for clincher tyres. under the circumstances i come to the conclusion ..... law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person, but the opinion which that very learned judge then expressed was dissented from and; if i may venture to ..... the consignee : if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent, and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....

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Mar 29 1924 (PC)

Mcleod and Company Vs. Ivan Jones and Company

Court : Kolkata

Decided on : Mar-29-1924

Reported in : AIR1926Cal189

..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... their acceptance and payment of the bills, or in other words, they have to satisfy me that the goods as tendered were not in accordance with the contract. (his lordship then discussed evidence, and proceeded). under the circumstances i come to the conclusion and for the purpose of this case it must be ..... commercial law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person; but the opinion which that very learned judge then expressed was dissented from, and, if i may venture to ..... the consignee; if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....

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Jul 25 1924 (PC)

Harendra Nath Das Vs. Jyotish Chandra Datta

Court : Kolkata

Decided on : Jul-25-1924

Reported in : (1925)ILR52Cal188

..... 1001]. the prosecution allege in the present case that the accused used the name of a bogus or non-existent firm, with the object of not fulfilling the contract in the event of the market going up, and as the market did go up he did not supply the jute with the result that mr. pithie suffered ..... under section 415 of the indian penal code. he suggested that the charge should be to the effect that the accused deceived mr. pithie to enter into a contract with a bogus or non-existent firm, which he would not have done if he were not so deceived, and the said act caused, or was likely ..... it at its utmost the accused's intention in getting mr. pithie to give him the receipt for the bought note was to hold him down to the contract, but by no stretch of imagination can it be said that his intention was to cause wrongful gain or wrongful loss. as observed by batty j. in ..... to property sustained by mr. pithie resulted not from the act which mr. pithie was induced to do, viz., the entering into the contract by him, but the non-fulfilment of the contract by the accused. under section 415 of the indian penal code, the damage or harm caused or likely to be caused must be the ..... or property. he contended that mr. pithie did actually sustain damage or harm to property as the contract was not fulfilled and the market went up, and so mr. pithie suffered loss in money: and, secondly, entering into a contract with a bogus firm is itself a disreputable thing, and, therefore, it was likely to cause damage .....

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Feb 01 1924 (PC)

Nalini Bhusan Gupta Vs. Ali Mia

Court : Kolkata

Decided on : Feb-01-1924

Reported in : AIR1924Cal877,(1924)ILR51Cal643,79Ind.Cas.346

..... rent at the rate of rs. 28-12-6, but the record of rights shows the amount of rent as only rs. 28. in construing a contract, it is not necessary that it must be proved that rent was realised at the amount mentioned in it. no doubt that circumstance would be of great ..... into consideration but that is not all. the whole document has to be construed and the intention of the parties gathered from the nature of the entire contract. there are some other circumstances mentioned by the learned munsif in his judgment though the lower appellate court does not rely upon them. but those circumstances ..... , that is, if it is really a part of the rent, although not described as such, the landlord can recover it. proceeding to interpret the contract before me it would be necessary to quote that portion of the kabuliat which relates to the present enquiry. in the first part of this kabuliat no ..... 21 c.w.n. 959. the real question is what was the intention of the parties when they entered into the contract. that intention is to be gathered from the terms of the contract. on the construction of the kabuliat before us i have no hesitation in coming to the conclusion that the parties intended that ..... be necessary, therefore, to examine those cases as we are called upon to construe the contract in the present case. it will serve no useful purpose to seek help from other forms of contract in interpreting the terms of the contract in this case, as the learned chief justice observed in the case of bejoy singh .....

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Feb 08 1924 (PC)

Tarini Kumar Dutta and ors. Vs. Srish Chandra Das

Court : Kolkata

Decided on : Feb-08-1924

Reported in : AIR1925Cal1160,85Ind.Cas.667

..... that if a sale is effected with the permission of the district judge it is a good sale, but when the matter only remains under contract whether the district judge may authorize the guardian not to complete the sale under certain circumstances and if he does so, whether the guardian can ..... learned vakil for the appellants relied upon the case of mir sarwarjan v. fakhruddin mahomed [1912] 39 cal. 232 for the proposition that such a contract cannot be enforced. he relies upon the following observations of their lord' ships of the judicial committee: they are however, of opinion that it is ..... the court. petitioner is prohibited from making any arrangement of sale with srish chandra das.' srish chandra das filed the suit for specific performance of contract on the 9th september 1920 in the court of the subordinate judge of jessore. on the 18th september this order is recorded by the district judge ..... property subject to the maintenance charge of garabini dassi to the property.' the intending purchaser is evidently the plaintiff.3. it is apparent that the contracts executed by the guardian in favour of the plaintiff was not placed before the district judge. the petition which, was bled by the guardian did ..... suit for specific performance of a contact for sale of certain immovable property belonging to a minor, the defendant no. 1 in the suit. the contract was entered into by his guardian one ratikanta saha who is the natural father of the minor defendant. the minor was given in adoption by his .....

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Nov 17 1924 (PC)

Chiranji Lal Ram Lal Vs. B.N. Ry. Co. Ltd.

Court : Kolkata

Decided on : Nov-17-1924

Reported in : AIR1925Cal559

..... bear in mind that there is considerable judicial authority in support of the view that articles 30 and 31 relate only to claims which are not founded on contract and arise ex delictu and are not applicable to claims ex contractu [sea the british india steam navigation co. v. haji mahommed essac and co. (1881 ..... the party who is entitled to the delivery, namely, the consignee. apart from this consideration, however, i think this is a case of breach of a written contract and article 115 of the schedule governs the case. it was so held in a similar case of mohan singh v. henry conder (1883) 7 bom. 478 ..... trial he abandoned the claim against the bombay, baroda and central india ry. co., but continued the suit against the b.n. ry. co., with whom the contract of carriage had been made. the b.n. ry. co., contended that article 31 was applicable to the plaintiff's claim, and that the suit which had ..... and from the position of the residuary articles that compensation for torts hi provided separately from compensation for breaches of contract. i feel no hesitation, therefore, in holding that article 31 does not relate to claims arising from contract'' [per seshagiri ayyar, j., venkata subba rao v. the asiatic steam navigation co. (1915) 39 mad. ..... of the article in the schedule is to my mind a most fallacious guide. in part iv of the schedule claims arising out of contract and claims arising out of tort are mixed together and certainly a claim under article 31 is much more naturally based upon .....

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Nov 17 1924 (PC)

Chiranjilal Ramlal Vs. B.N. Ry. Co., Ld.

Court : Kolkata

Decided on : Nov-17-1924

Reported in : (1925)ILR52Cal372,86Ind.Cas.127

..... to bear in mind that there is considerable judicial, authority in support of the view that articles 30 and 31 relate only to claims which are not founded on. contract and arise ex delicto, and are not applicable to claims ex contractu (see the british india steam navigation co. v. hajee mahomed essack & co. (1881) i ..... who is entitled to the delivery, namely, the consignee.... apart from this consideration, however, i think that this is a case of a breach of 'a written contract and article 115 of the schedule governs the case. it was so held in a similar caser mohan sing chawan v. henry conder (1883) i. l. r. ..... trial he abandoned the claim against the bombay baroda and central india railway company, but continued the suit against the b. n. ry. co., with whom the contract of carriage had been made. the b. n. ry. co. contended that article 31 was applicable to the plaintiff's claim and that the suit which had ..... position of the residuary articles that compensation for torts is provided for separately from compensation for breaches of contract. i feel no hesitation therefore hi holding that article 31 does not relate to claims arising from contracts.'5. with great respect i can find no warrant for such a doctrine in the language in which ..... of the article in the schedule is to my mind a most fallacious guide. in part iv of the schedule claims arising out of contract and claims arising out of tort ate mixed together and certainly a claim under article 31 is much more naturally based upon .....

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Apr 29 1924 (PC)

S. and C. Nordilinger Vs. Chandmull Mulchand

Court : Kolkata

Decided on : Apr-29-1924

Reported in : AIR1924Cal1051

..... when the arbitrators, as they obviously did, came to the conclusion that the complainants did not satisfy them that the goods were not in accordance with the contract quality it follows, as a matter of course, that they should award that the buyers should pay for and take delivery of the goods. in my ..... the would deem fit.8. therefore, it is clear, in my judgment, that the buyers were contending that the goods were not in accordance with the contract by reason of their inferior quality, and that they left the decision of the question as to quality to the arbitrators, and they further left it to ..... referred to in the award as the 'complaint.' that statement sets out the reasons why the buyers alleged that the goods were, inferior in quality to the contract quality. i need not refer to them in detail and the statement concludes in this manner:the combined defectiveness in the outturn has thus made the goods too ..... of law on the face of the award, said this:the contract related to 60 bales. there was a dispute as to quality. the mere fact that the buyers are unwilling to produce the bales required for inspection is not ..... to produce the bales required for inspection their claim cannot be upheld and we award that they pay for and take delivery of the goods in terms of contract.buyers to pay cost of this reference, amounting to rs. 101.5. the learned judge on the first point, namely, whether there was an error .....

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May 15 1924 (PC)

Mozharul Islam Vs. Abdul Gani Ala

Court : Kolkata

Decided on : May-15-1924

Reported in : AIR1925Cal322

..... personal law of the party free from the restriction of age put by the indian majority act. i am further of opinion that section 11 of the indian contract act does not militate against this view. therefore i hold that there is no substance in this appeal which must be dismissed with costs.duval, j.3 ..... a dower either fixed by the parties or presumed under the law. it is not disputed that '' acting in the matter of marriage', moans entering into a contract of marriage. if a mahomedan minor who is a major by his personal law but a minor under the indian majority act enters into a marriage, as ..... majority act. the learned vakil for the appellant has been at pains to construe the words as not covering a contract for dower; but i must express my inability to follow the forced construction attempted to be put upon them. his interpretation is that while payment of cash ..... who is a minor according to the other sections of that act, read with section 11 of the majority act, is not competent to enter into a contract of dower. the whole argument was directed to the construction of the words 'to act in the matter of dower' occurring in section 2 of the indian ..... the defence was that at the time of the marriage the defendant was a minor under the indian majority act and, therefore, incompetent to enter into a contract for payment of the dower. both the courts below have overruled the plea and held that the plaintiff is entitled to a decree. the only point argued .....

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