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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1927 Page 1 of about 36 results (0.039 seconds)

Mar 09 1927 (PC)

Holmes Wilson and Co. Ltd. Vs. Bata Kristo De

Court : Kolkata

Decided on : Mar-09-1927

Reported in : AIR1927Cal668

..... the purchase of the goods in suit upon the terms and conditions of the indents, that they have not performed their part of the contracts, and that the claim in the suit for damages or for an indemnity must fail.13. learned counsel for the defendant further contended that in these transactions the plaintiffs throughout were acting as agents for the defendant ..... , and that privity of contract was established between the suppliers and the defendant. but i refrain from discussing the interesting question of law that was mooted ..... less favourable to the purchaser. after the suppliers had agreed to sell the goods to the plaintiffs the plaintiffs sent the placement reports to the defendants. i find that the contracts under which the plaintiffs bought from the united states steel products co. were concluded between the suppliers and the plaintiffs as principals, and that the suppliers gave credit solely to ..... november 1920, the plaintiffs made it clear to the defendant that they would only consent to cancel the indents if the suppliers were willing to forgo their rights under the contracts that they had made with the plaintiffs. when the suppliers remained obdurate, and insisted upon the transactions being completed, the defendant, as appears from his letter of the 9th february .....

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May 05 1927 (PC)

Rajaram Singh Vs. Pancha Deogi

Court : Kolkata

Decided on : May-05-1927

Reported in : AIR1927Cal862

..... thus:creditors of the business have, therefore, no right of direct recourse against the minor or his estate, but, as the guardian is entitled to indemnity for liabilities properly incurred out of the assets of the minor embarked in the business, creditors of the business, it has been held, are entitled to ..... creditors could have recourse to the estate of the minor's business to the extent of which the guardian was entitled to claim indemnity from the minor in respect of debts prudently incurred by the guardian for the purpose of carrying on the minor's business. see the case of ..... settled it is clear that the plaintiffs have no cause of action against the minor defendant either personally or against his estate in respect of the personal contracts entered into by his guardian on his behalf : see waghela raj sanji v. masludin [1887] 11 bom. 551. i agree, however, that the ..... proceed directly against such assets. where however the guardian has no right to indemnity against the assets in the business as where he has acted improperly neither have his creditors, as held by sir george jesselin in re johnson [1880] ..... annum from the date of the decree and the decretal amount was to be realized from the estate of the minor which is confined to his contract business under the port commissioners for the purpose of which the money was borrowed. prom this decree the defendant has appealed.2. the first contention .....

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Jan 21 1927 (PC)

imperial Tobacco Co. Vs. Albert Bonnan

Court : Kolkata

Decided on : Jan-21-1927

Reported in : AIR1928Cal1

..... the goods are liable to confiscation becausewe consider that the importation of the above goods into india, is an infringement of our trade-mark.8. indemnity bonds were given to the collectors in the usual course and letters written to the plaintiff asking for an assurance that the goods would not be ..... the present appellants it was held in that litigation that the sale by the present plaintiff in india of the said cigarettes involved no breach of contract, misrepresentation, or infringement of the rights of the present appellants, and that it had not been shown that the latter had acquired any independent reputation ..... direct that in ascertaining the said sum the official referee do not include any loss accruing to the plaintiff by reason of the cancellation of the contracts referred to in the plaintiff's letters of 17th may 1922 and 6th june 1922 to messrs. venis & co. quoad ultra the suit should be ..... or not the plaintiff can, as part of the damages caused by the injunction, recover damages, for loss caused to him by the cancellation of two contracts for the purchase of cigarettes from messrs. venis and company. in para. 18 of the plaint the plaintiff says that the army & canteen board cancelled ..... some (apparently 194 cases) in egypt and elsewhere, and that early in 1922 he came to india not merely to dispose of 666 cases already contracted for but also with a view to establish a continuing market in these war stocks of which further supplies in very large quantities were available or .....

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Jun 06 1927 (PC)

SarifuddIn Muhammad Vs. MohiuddIn Mohammad and ors.

Court : Kolkata

Decided on : Jun-06-1927

Reported in : AIR1927Cal808

..... trasaction falsely termed in india heba-bil-ewaz is not governed by the mahomedan law of heba, but is amenable to the general law in india relating to contracts and the transfer of property.26. tested by the principles of law that i have endeavoured to enunciate the deed of the 30th october 1917, in my ..... and second, the ewaz, or exchange. but in the heba-bil-ewaz of india, there is only one act; the-ewaz, or exchange, being involved in the contract of gift as its direct consideration, and all are agreed that if a person should say, i have given this to thee for so much, it would be ..... the exchange is in the original transaction, as when one thing is given in exchange for another, there is a sale from the beginning: as sale may be contracted by the word 'give' as-well as by the word 'sell' and the transaction which is termed heba-bil-ewaz, has thus become a device in ..... another on condition of that other giving something to him in exchange for it, the mutual seisin of the respective returns is regarded; that is to say, the contract is nothing until the two seisins take place, and is made null by the subject of it, on either side, being mixed with other property. the reason ..... the donee of the other:rahim bukhsh v. muliammed hassan [1888] 11 all. 1the ewaz, or exchange in gift, is of two kinds : one subsequent to the contract, the other stipulated for in it:(baillie. 2nd edition p. 541).when the exchanging takas place subsequent to the gift, the ewaz is, without any difference of opinion .....

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Feb 09 1927 (PC)

Jogesh Chandra Ray Vs. SharfuddIn Ahamad and ors.

Court : Kolkata

Decided on : Feb-09-1927

Reported in : AIR1927Cal857

..... was unexplained.21. landlords thought more of the abwabs they collected than of what they were legally entitled to collect under the terms of the contract between them and their tenants. the result has been that settlement officers throughout bengal have reported that the vast majority of the tenancies to which ..... in the families of the tenants. these are survivals of the times when the relations between landlord and tenant were governed by custom and not by contract, and when also the landlords, however petty, considered themselves the overlord of their tenants. mr. jameson, in his report of the midnapur settlement ..... in money or the deliveries in kind at which the law strikes are such as are not payable or deliverable under the terms of the contract between the landlord and the tenant. real abwabs are payments or deliveries, sometimes fixed and customary and sometimes arbitrary and uncertain which were not ..... the item is or is not rent. but these facts have an important bearing upon the question of intention of the parties to the contract. they show whether the parties intended to treat a particular item as part of the raut agreed upon to be paid or as something different ..... which must include everything which was payable for such occupation arrived at either by agreement or by some judicial determination between the parties, and that any contract, whether express or implied, to pay anything beyond that sum, under any name whatever for or in respect of the occupation of the land, .....

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Dec 01 1927 (PC)

Mahendra Nath Srimani Vs. Kailash Nath Das and ors.

Court : Kolkata

Decided on : Dec-01-1927

Reported in : AIR1929Cal50

..... binding under any circumstances. it need only be added that a covenant for renewal does not operate as a present demise but is only a contract, and a contract to make a grant in future does not necessarily stand on the same footing as an alienation. on these grounds, in my judgment, the ..... in the lease there was a stipulation that the major lessors would procure confirmation of the lease from ashoke on his attaining majority and there was an indemnity clause if they failed to do so. although nothing turnsupon that, it should be stated that no deed of confirmation, as stipulated, was executed or ..... done even if there was no reasonable ground for the landlord to refuse specific performance, the court would not enforce it. in the present case, the contract for renewal as made is incapable of performance. as i have already observed, there was a division of the property among the three brothers. subsequently, ..... might acquire after the death of the ladies. even if the infant had any subsisting interest in the property, prabhabati as guardian could not enter into any contract on behalf of the infant which would be binding on him : see the case of sarwarjan v. fakruddin mahomed [1912] 39 cal. 1232. this ..... that the plaintiff was willing to be bound by the renewal clause and these letters prove a . clear admission of the plaintiff as to the contract for renewal being enforceable as against him. i need not recite the other reasons given by the subordinate judge in his judgment for holding against the .....

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May 26 1927 (PC)

Mathura Nath Choudhury Vs. Sreejukta Bageswari Rani and ors.

Court : Kolkata

Decided on : May-26-1927

Reported in : AIR1928Cal57

..... to return the animal to the plaintiff he would pay rs. 5,000 as the value of the animal. to the agreement as it stands section 74, contract act, has no application. it is a simple agreement. the plaintiff said that she would part with her thing if the defendant guaranteed to pay a ..... so borrowed and subsequently used the proceeds of the notes in the partnership business, of his own free will, without being under any obligation to or to contract with the lender so to do, the partnership was not liable for the loan. the substance of the matter is whether the firm is liable for the ..... laid down:the bailee is responsible to the bailor for loss, destruction, or deterioration of the bailed property upon his failure to return the same according to contract upon the expiry of the term of business; an action of trover is maintainable against a bailee where he fails to re-deliver the bailed property or ..... that the agreement was with defendant 1; and, secondly, because it has not been proved that it was in the course of the partnership business that this contract was entered into. it is said that the agreement was with defendant 1 (we may leave out of consideration defendant 2 as he was merely a servant ..... decided on the evidence and on the facts of the case. the learned subordinate judge in dealing with the liability of the appellant under section 251, indian contract act, observed that not a word was said in the written statement to suggest that he was not liable for or was not bound by the act .....

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Apr 01 1927 (PC)

Rahimaddhi Matabbar Vs. Naimaddi Howladar and ors.

Court : Kolkata

Decided on : Apr-01-1927

Reported in : AIR1927Cal565

..... provisions of section 179 of the bengal tenancy act. it is not necessary to determine in this case whether more express words were not needed if the parties intended to contract themselves out of the provisions of regulation of 1825, for in this case no question of accretion arises. it is plain that by the kabuliyat in question parties clearly intended ..... accretion to belong to the tenure-holder subject only to his liability to pay rent to the proprietor. it is argued on the other hand that the parties intended to contract themselves out of the statute and as this was a permanent tenure there was nothing to prevent the parties from entering into such a .....

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Jun 20 1927 (PC)

Ram Sundar Saha and ors. Vs. Kali NaraIn Sen Choudhury and ors.

Court : Kolkata

Decided on : Jun-20-1927

Reported in : AIR1927Cal889

..... set up. he has, after a general examination of the circumstances of the case, come to these conclusions:(1). that kali narain did not contract to sell the properties to the plaintiffs;(2). that his mind was much enfeebled and impaired by age and disease, and that kali narain was ..... the evidence of this witness. besides, when a zamindari is sold, the usual practice is to take the income only into consideration. moreover,if the contract has been entered into by a competent party, and unobjectionable in its nature and circumstances, specific performance is as much a matter of course and, therefore ..... then 40 years' purchase. if specific performance is not allowed to a purchaser on the grounds that another person offered a higher price after the contract was concluded, then i think in no case can specific performance be allowed to a purchaser. because, in the majority of such cases, the vendor ..... we have to consider in this appeal are: (1) whether the defendant was of sound mind at the time when he made the contract; (2) whether the contract is vague and indefinite and so incapable of being specifically enforced; and (3) whether specific performance should be decreed in the exercise of ..... circumstances of the case, the subordinate judge came to the following conclusions on the first three issues stated above : (1) that kali narain did not contract to sell the disputed properties to the plaintiffs ; (2) that his mind was so much enfeebled and impaired by age and disease' that kali narain .....

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Jul 27 1927 (PC)

Dasharathi Ghosh Vs. Khondkar Abdul Hannan

Court : Kolkata

Decided on : Jul-27-1927

Reported in : AIR1928Cal68

..... footing from that on which the relation between the creditors and debtors is based, and that arrears of government revenue are not a debt within the meaning of section 59, contract act.7. on appeal the judicial committee reversed this decision and answered the question in the negative and observed as follows:much was said in the argument about the bearing ..... upon the present case of certain provisions of the contract act, relating to the appropriation of payments. those enactments might perhaps have had a bearing upon the case, if the parties had not by their own actions placed the matter ..... . uma nath guha [1908] 35 cal. 636. that was a case where there was no appropriation by consent and the question arose whether the provisions of sections 59 to 61, contract act, would apply. it was held that there being nothing specific on the subject in act 11 of 1859, the general law, which is practically embodied in sections 59 to ..... 61, contract act, would apply.9. if the general law applies, what is the position? a valid tender on a contract of debt is as much a performance and discharge of a debtor's duty as an actual payment. the amount having .....

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