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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1925 Page 1 of about 41 results (0.075 seconds)

Feb 03 1925 (PC)

Dayton Price and Co. Ltd. Vs. S. Rohomotollah and Co.

Court : Kolkata

Decided on : Feb-03-1925

Reported in : AIR1925Cal609

..... there was any other material discrepancy between the order and the performance in an essential particular. it appears to me that these contracts have to be looked at not merely as contracts involving the general principle of indemnity but as contracts with respect to which there is a particular arrangement between the parties as to the time when and the conditions upon which the ..... the shipment was to be at new york, in my judgment this stipulation must be regarded as one which went to the root of the contract and which must be performed before the plaintiffs could claim indemnity from the defendants.41. no information was forthcoming as to whether the shipment at montreal instead of at new york would have involved the defendants ..... once the conclusion is arrived at that the stipulation that the shipment should be at new york was of the essence of the contract and was one which the plaintiffs were bound to perform before they could claim indemnity from the defendants.43. no doubt the employer of an agent is bound to indemnify him against the consequences of all lawful acts ..... for varying the port of shipment, nevertheless the agent has part performed the duties which he undertook by the contract of agency and, therefore, the stipulation as to port of shipment cannot be regarded as something which disentitles him altogether to his indemnity, but must be regarded as something which at the worst entitles the principal to make some deduction corresponding to .....

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May 13 1925 (PC)

Nagendra Nath Roy and ors. Vs. Jugal Kishore Roy and ors.

Court : Kolkata

Decided on : May-13-1925

Reported in : AIR1925Cal1097,90Ind.Cas.281

..... discretion they enable the courts to do substantial justice in cases where it would be difficult to impute to the persons concerned relations actually created by contract. it is, however, specially incumbent on final courts of fact to be guarded and circumspect in their conclusions and not to countenance acts or payments ..... , that section 69 is not applicable, the question arises as to whether the claim can be supported on the principles contained in section 70 of the contract act.9. this section lays down three circumstances as necessary to found the right of demand, viz., 1st, that the act should be lawfully done for ..... right that he claimed. under these circumstances, it may fairly be held that the plaintiff should succeed on the provisions contained in section 69 of the contract act. this view is in accord with what was said with regard to that section in the case of sarafatali v. issan ali [1918] 45 ..... to cases of individuals, who are sure to suffer actual detriment assessable in money value. section 69 of the indian contract act lays down ' a person who is interested in the payment of, money which another is bound by law to pay, and who therefore pays ..... ' interested in the payment of the money has been adopted in consonance with the exposition of the law embodied in section 69 of the contract act to the effect that the expression is comprehensive enough to include cases of apprehension of any kind of loss or inconvenience and is not restricted .....

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Jul 27 1925 (PC)

Jagat Chandra Bhattacharyya and ors. Vs. Gunny Hajee Ahmed

Court : Kolkata

Decided on : Jul-27-1925

Reported in : AIR1926Cal271,91Ind.Cas.824

..... until its termination has become known to them (see section 208 of the contract act).'in the case, therefore, of a dissolution of the partnership or of the retirement of one of its members, the agency as between the ..... the agent of his co-partners for the purpose of conducting debts and obligations in the usual course of partnership (see sections 249 and 251 of the contract act, lindley on partnership, 3rd edition, p. 248). and when this agency has once been established, it does not cease as regards third persons, ..... that fact is sufficient to relieves kush chandra bhattacharyya and his estate from liability to the plaintiff in this suit.51. section 264 of the contract act provides as follows:persons dealing with a firm will not be affected by a dissolution of which no public notice has been given, unless they ..... is a ground for dissolution if the other partners apply to the court for a decree of dissolution on that ground.45. section 254 of the contract act provides that 'at the suit of a partner the court may dissolve the partnership in the following cases:(1) when a partner becomes of ..... a partnership at will, and that as soon as kush chandra bhattacharyya became lunatic, he became incapable of exercising his will and making a contract and consequently the contract of partnership came to an end.43. i find some difficulty in following this argument.44. kush chandra bhattacharyya was a partner from 1907, .....

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Jan 02 1925 (PC)

Askaran Choutmal Vs. E.i. Ry. and Co.

Court : Kolkata

Decided on : Jan-02-1925

Reported in : AIR1925Cal696

..... barrister is to be considered not as making a contract with his client, but as taking upon himself an office or duty in the pro-par discharge of which not merely the client;, but the court in which ..... 'we are of opinion that an advocate of the english bar accepting a brief in the usual way undertakes a duty, but he does not enter into any contract or promise express or implied. cases indeed occur where on an express promise (if he made one) he would be liable in assumpsit, but we think that a ..... that of a principal to an agent. in truth the relationship is of a very different nature, the authority of counsel is not in any sense incidental to a contract into which he has entered with his client. 'barristers,' wrote sir william black-stone, 'may take upon them the protection and defence of any suitors whether] plaintiff ..... if the court were to permit a person, acting under no mistake of fact and no misapprehension as to his capacity to contract, and who to all intent and appearance had entered into a contract, subsequently to resile therefrom by unfolding a mental reservation of the existence of which no mention had been made at the time ..... when, the contract was entered into. to hold such a person to the agreement which he had made is merely to apply the common law principle that a .....

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May 01 1925 (PC)

Ramjoo Mahomed Vs. Haridas Mullick and ors.

Court : Kolkata

Decided on : May-01-1925

Reported in : AIR1925Cal1087,(1925)ILR52Cal695

..... favour. but these words standing by themselves are altogether too vague and indefinite to bear any intelligible meaning. i in order to prove the contract for the breach of which the claim for damages is preferred the plaintiff must needs prove that a valid agreement to lease on the terms ..... such circumstances the document would not be adduced as evidence of a transaction affecting the premises, but as evidence of an agreement under which the defendant contracted a personal obligation to grant a lease. in support of this contention counsel referred to the case of rajah of venkatagiri v. narayana reddi (1893) ..... that the letters did not require registration. they do not amount to a lease or an agreement for a lease, but are evidence of a contract of a special character, not coming within any of the definitions found in the registration act.33. i gather from that judgment that if the ..... the tenure then created was non-enhancible, the defendant produced a memorandum executed by eduljee cowasjee, which she alleged set out the terms of the contract. to the reception in evidence of this memorandum the plaintiff company objected, contending that, as it was unregistered, it was inadmissible under sections 17 ..... a transfer of an interest in the premises will be effected. otherwise the alleged agreement will amount merely to a contract to enter into a contract as to the terms of which latter contract the parties are not already agreed. such an agreement is not known to the law: see per parker j. .....

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Feb 11 1925 (PC)

Sree Lal Chamaria Vs. Sir Hariram Goenka and anr.

Court : Kolkata

Decided on : Feb-11-1925

Reported in : AIR1926Cal181,88Ind.Cas.737

..... he acquired wealth in a short time.12. we do not think, therefore, that the plaintiff has established any breach or repudiation of the contract by the defendant before the 8th of may and we also think that the plaintiff has failed to carry out the subsequent verbal agreement which was ..... judge although he very properly admitted that the judgment could not as a whole be supported. the finding of the learned subordinate judge that the contract was obtained by undue influence cannot be supported. there was no evidence of any undue influence or pressure upon the defendant who freely entered into the ..... the entire mortgage as he was bound to do before he could demand a conveyance from the defendant of the howrah properties in terms of the contracts admitted by him. the prayer portion is significant. in his letter of the 26th april, upon which reliance was placed by his learned counsel, ..... of action. the vague rumour that the defendant was trying to secure a higher price for the howrah properties cannot constitute a repudiation of the contract for sale dated the 27th march. this conduct of the defendant may be explained on various hypothetical grounds. he might have been trying to find ..... r. 912, laid down that the words, 'readiness and willingness used in such a connection imply not only the disposition but the capacity to perform the contract' then says that 'repudiation is accepted and acted upon by the seller, as it evidently was in this case, the seller is relieved from the performance .....

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Jan 02 1925 (PC)

Askaran Choutmal Vs. the E.i.Ry. Co.

Court : Kolkata

Decided on : Jan-02-1925

Reported in : (1925)ILR52Cal386

..... a barrister is to be considered not as making a contract with his client, but as taking upon himself an office or duty in the proper discharge of which not merely the client, but the court in which ..... we are of opinion that an advocate of the english bar accepting a brief in the usual way undertakes a duty, but he does not enter into any contract or promise express or implied. oases indeed occur where on an express promise (if he made one) he would be liable in assumpsit, but we think that ..... that of a principal to an agent. in truth the relationship is of a very different nature. the authority of counsel is not in any sense incidental to a contract into which he has entered with his client. 'barristers,' wrote sic william blackstone, commentaries, vol. 3, p. 27. 'may take upon them the protection and ..... contract, and who to all intent and appearance had entered into a contract, subsequently to resile therefrom by unfolding a mental reservation of the existence of which no mention had been made at the ..... mind. on the contrary mr. gupta appeared to be giving his consent unreservedly to the proposed settlement, and, in my opinion, the sanctity of contracts would be greatly imperilled if the court were to permit a person, acting under no mistake of fact and no misapprehension as to his capacity to .....

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Dec 15 1925 (PC)

Parbati Charan Mukherjee and ors. Vs. Amarendra Nath Bhattacharjee and ...

Court : Kolkata

Decided on : Dec-15-1925

Reported in : AIR1926Cal831,96Ind.Cas.97

..... (n.s.) 673, is distinguishable from the present case, for in that case.it is plain that the plaintiff: neither stated in the plaint the original contract; nor did he claim the debt as created thereby, nor did he intend to do so he sued on the instrument as altered, and on it alone. ..... document is not wholly vitiated, and may be used for a collateral purpose, the document is admissible inter alia to prove the circumstances under which the original debt was contracted, and as evidence of any admission contained therein of the defendants' liability for the pre-existing debt. sutton v. toomer (1827) 7 b. & c. 416 ..... substitution for a debt, i.e., where the debt is merged in the instrument or where the execution of it is the consideration for a contract so that the legal liability of the obligor is only under -the document. and if the document cannot be enforced by reason of its material alteration ..... recovery of the money on the basis of the mortgage-bond.2. the defence was that the bond was materially altered, inasmuch as there was no contract for the payment of compound interest and that after execution and attestation of the document and before registration, certain lines were interpolated in the document containing ..... opinion, the language used does not warrant such a contention. if the execution of a document is the consideration for a contract, or if the document is accepted in substitution for a debt, the legal obligations of the party executing the document to the other party to the .....

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Jul 10 1925 (PC)

W. and T. Avery, Ld. Vs. Kessoram Podder

Court : Kolkata

Decided on : Jul-10-1925

Reported in : 92Ind.Cas.1001

..... grounds somewhat different to those stated by the learned judge.36. the plaintiff can only' recover such dam-'' ages as flow naturally from the breach of duty or breach of contract in the ordinary and usual course of things.37. the evidence was that the appellants had willingly agreed to pay rs. 500 a month' for the premises in 1919. further ..... the rent within the time fixed in the contract or by the 15th day of the month, which followed the months of may and june for which the rent was payable: and, consequently, in my opinion, the appellants were ..... commencement of the act; and, secondly, he must pay the rent to the full extent allowable by the act within the time fixed by the contract with his landlord and in the absence of any such contract by the 15th day of the month next following that for which the rent is payable.29. in this case the appellants did not pay ..... premises, and also unless he pays the rent due by him to the full extent allowable by this act within the time fixed in the contract with his landlord, or, in the absence of any such contract, by the fifteenth day of the month next following that for which the rent is payable'.26. it is to be noticed that this section .....

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Mar 23 1925 (PC)

Eastern Mortgage and Agency Co. Ltd. and anr. Vs. Mahammed Fazlul Kari ...

Court : Kolkata

Decided on : Mar-23-1925

Reported in : AIR1926Cal385

..... compensation from the vendor, for false representation made by the latter, such compensation cannot be recovered unless there was fraud or the breach of some contract or warranty contained in the conveyance. in my opinion, the principle is not applicable to the present suit, which is not a suit for ..... such payments and the circumstances thereof were specifically alleged and the wording of the latter paragraph closely follows the language of section 69 of the indian contract act. the defendants in their written statement did, not state that the payments were made otherwise than in the ordinary course. if the plaintiff' ..... the allegations are correct.21. now, the law is well settled that where the purchaser discovers defects in the property before conveyance he can either rescind the contract or successfully oppose a suit for specific performance reeve v. berridge [1888] 20 q.b.d. 523; caballero v. henty [1874] 9 ch. ..... mentioned. no emphasis was laid upon it, with the result that no issue was raised dealing specifically with the applicability of section 69 of the contract act, and the learned judge was not asked to find that the provisions of that section are applicable.5. in the trial the plea of ..... grievance is intelligible, and it at once occurs to the mind that he may be entitled to recover under the provisions of section 69 of the contract act.4. the plaint, however, does not proceed upon such simple lines. the main plank is that there was fraudulent misrepresentation on the part .....

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