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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1928 Page 1 of about 36 results (0.014 seconds)

Jul 19 1928 (PC)

Osman Jamal and Sons Ltd. Vs. Gopal Purshottam

Court : Kolkata

Decided on : Jul-19-1928

Reported in : AIR1929Cal208,118Ind.Cas.882

..... lord justice was there expounding the doctrine of the common law, which he recognized was different to the rule in equity. moreover in that case the right of indemnity did not arise from contract but from a trust and the learned judge goes on to say at p. 714:it would not be right for a trustee to obtain money from this ..... p. 486 says:moreover, i think this decision follows logically on the manner in which courts of equity had given effect to contracts of indemnity. in many cases they had ordered the indemnifier to pay the debt against which the indemnity had been given though nothing had been paid by the person indemnified. cruse v. paine [1869] 4 ch. 441 is an example ..... law would not in any way have recognized. equity has always taken a wider and more liberal view of these rights of indemnity than the old common law courts did. it is settled at common law that, given a contract of indemnity, no action could be maintained until actual loss had been incurred. the common law view was first pay and then come ..... the learned judge. i do not think that the contention of the respondents is sound. how the person who receives payment of a sum of money under a contract of insurance or re-insurance, or, i will add, of indemnity, deals with that sum is, in general and apart from special considerations, no concern of the party who, in fulfilment of his .....

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Jul 25 1928 (PC)

Bejoy Kumar Sen and anr. Vs. Kusum Kumari Debi and ors.

Court : Kolkata

Decided on : Jul-25-1928

Reported in : AIR1929Cal315

..... consistent with justice, equity and good conscience: magniram v. mehdi hossain khan [1904] 31 cal. 95. the right to contribution though an equitable right arises out of an implied contract of indemnity between the parties liable for the same debt. this contractual obligation attaches to each of the persons liable to satisfy the common debt. but this right is not confined to .....

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Aug 10 1928 (PC)

Rahimbux Ashan Karim Vs. Central Bank of India, Ltd.

Court : Kolkata

Decided on : Aug-10-1928

Reported in : AIR1929Cal497

..... ayyar, j., held that, though the hirer undoubtedly had legal possession, it was not the kind of possession contemplated by section 178. the learned annotators of contract and specific relief acts, 5th edn., at p. 638, are driven to admit that the hirer surely had possession and not bare custody, though they think ..... which i have to decide is whether there was a valid pledge, and this will depend upon whether the transaction comes within the provisions of section 178, contract act. that section is as follows:a person who is in possession of any goods or of any bill of lading, dock-warrant, warehouse-keeper's ..... issue to be decided is whether there was a valid pledge and who' there the defendants can avail themselves of the provisions of section 178 or 179, contract act. at first the goods lay in godowns rented by kerr tarruck & co. in premises belonging to the bengal bonded warehouse association, the contents of ..... and deliveries were to fee taken within that time. the printed portion is inappropriate to some extent as it is intended obviously to apply to a contract for goods to be imported, whereas on 21st july these were ready goods having already arrived in calcutta. payments were to be made by hundis ..... 20th july a list of the goods covered by the agreement, which goods had by that time arrived, was made out and on 21st july a contract was made by which the plaintiffs agreed to purchase from kerr tarruck & co. these goods which consisted of 319 cases of cutlery. this agreement is .....

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Feb 16 1928 (PC)

Radha Kanta Dass Vs. BaerleIn Bros. Ltd.

Court : Kolkata

Decided on : Feb-16-1928

Reported in : AIR1929Cal97,117Ind.Cas.540

..... in manchester, if the arbitration clause is a part of the contract it may often be exceedingly unfair to one or other of the parties if the arbitration clause is not insisted upon. i see no reason in this ..... arbitration clause. i cannot help observing that such clauses are frequently signed very light heartedly ; but it is absolulely essential that people when they enter into contracts should abide by them although no doubt there is power in court to refuse to stay. when a person in calcutta is buying goods from another person ..... duly received your favour of the 16th february confirming our order for 120 balesand so on. it does not seem to me possible to construe this contract by assuming that the whole of this indent is left out as between the plaintiff and the actual suppliers. the purpose of the indent would be ..... the right of clause 7 and, in my judgment, when that order was booked by telegram it is not right to say that baerlein brothers were contracting with the plaintiff independently of the indent form. in my judgment the indent form signed by the plaintiff is a part of the offer which baerlein brothers ..... note contains no express reference to the indent which the plaintiff signed, it is not shown that clause 7 of the indent was any part of the contract between the plaintiff and the defendants. if that can be made out then of course mr. james' client is entitled to resist this application to stay .....

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Feb 22 1928 (PC)

Krishna Lal Sadhu and anr. Vs. Pramila Bala Dassi

Court : Kolkata

Decided on : Feb-22-1928

Reported in : 114Ind.Cas.658

..... a voluntary trust. the second exception is the case of children under a marriage settlement, where persons in contemplation of marriage make a settlement by way of contract only for the benefit of, amongst others, the children of the marriage. in english law, the children of the marriage are said to be within the ..... , at first sight, it may seem that the decision proceeded on the difference between 'consideration' as defined in english law and as defined in the indian contract act. but a closer examination of the case justifies, in my opinion, the criticism passed on it by page, j., in the case of jiban krishna ..... created a trust in favour of the widow. he further held that a trust could not be the less capable of being enforced because it was founded on contract.5. the point now before us for determination is, in my opinion, covered by authority, see cleaver v. mutual reserve fund life association (1892) 1 ..... a fact which, like many other facts, cannot be disregarded in determining the question whether or not a trust arises out of or is founded on a contract, but it has no other importance. cases such as the present can be decided, and ought to be decided, on the settled principles of equity. ..... the court considered whether the policy amounted to a trust for the widow and, having found that it did not, determined the matter by the ordinary law of contract. this, in my judgment, is the only method which can be justified in principle. to hark back to such cases as datton v. poole (1688) 2 .....

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Jan 13 1928 (PC)

Kanto Mohan Mullick Vs. John Carapiet Galstaun and anr.

Court : Kolkata

Decided on : Jan-13-1928

Reported in : AIR1930Cal547

..... and uses that position to obtain an unfair advantage over the other, the contract is said to be induced by 'undue influence.' there are, therefore, two things to be shown : the person in a position to dominate the other's ..... are hard or harsh. they are avoided because there is no such consent on the part of the defendant as in principle can be regarded as a contract by him. where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other ..... and the official assignee on the other and the questions that were discussed cover the whole ground. it was disputed whether or not the contract for galstaun's loan was a good contract or was one made by means of undue influence so as not to leave a free and full consent on the part of the ..... the section is to this effect; that where a person is in a position to dominate the will of another and makes a contract which is unconscionable the burden of proving that such contract was not induced by undue influence lies upon the person in a position to dominate the will of the other. in the ..... question of limitation, therefore, must be put on one side.15. the next question of importance is the question whether or not this contract is to be held to be void under section 16, contract act. on this question two judges have already pronounced, greaves and buckland, jj. but i am only concerned with the judgment of buckland .....

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Feb 24 1928 (PC)

E.i. Ry. Co. and anr. Vs. Shewbux Roy Ghanshyamdas

Court : Kolkata

Decided on : Feb-24-1928

Reported in : AIR1928Cal491

..... -for a railway administration to extend or enhance their liability under the general law as embodied in section 72 of the act by means of a special contract. that question, however, need not be discussed as no such enhancement or extension was, in my opinion, ever intended by the risk-note. the ..... consignment due to theft by...its servants.6. reading the risk-note as carefully as one would, one will find nothing in it beyond a contract absolving the railway administration in all cases excepting a few cases specified. there are no words indicating that with regard to the cases so excepted the ..... found to come within the exception, by the terms of this special contract itself the plaintiffs are entitled to recover. these rival contentions will now have to be considered.5. in view of the facts found the risk ..... looted the goods is sufficient to charge the defendants with liability. the respondents on the other hand contend that the risk-note embodies a special contract which must, be taken as entirely regulating the transaction and solely determining the rights and liabilities of the parties and that once the case is ..... his employment a question which might arise in cases of this description.4. the more important argument of the appellants relate to the nature of the contract embodied in the risk-note and. the view of the defendants' liability that has been taken by the subordinate judge. the appellants contend that the .....

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Feb 24 1928 (PC)

The East Indian Railway Company and anr. Vs. Shew Bux Roy Ghanshyamdas

Court : Kolkata

Decided on : Feb-24-1928

Reported in : 112Ind.Cas.303

..... for a railway administration to extend or enhance their liability under the general law as embodied in section 72 of the act by means of a special contract. that question, however, need not be discussed as no such enhancement or extension was, in my opinion, ever intended by the risk note. the ..... & consignment due to theft by...its servants.6. reading the risk note as carefully as one would, one will find nothing in it beyond a contract absolving the railway administration in all cases excepting & few cases specified. there are no words indicating that with regard to the cases so excepted the risk ..... to come within the exception, by the terms of this special contract itself the plaintiffs are entitled to recover. these rival contentions will now have to be considered.5. in view of the facts found the risk ..... the goods is sufficient to charge the defendants with liability. the respondents, on the other hand, contend that the risk note embodies a special contract which must be taken as entirely regulating the transaction and solely determining the rights and liabilities of the parties and that once the case is found ..... employment, a question which might arise in cases of this description.4. the more important argument of the appellants relate to the nature of the contract embodied in the risk note and the view of the defendants' liability that has been taken by the subordinate judge. the appellants contend that the .....

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Feb 22 1928 (PC)

Krishna Lal Sadhu and anr. Vs. Mt. Promila Bala Dasi

Court : Kolkata

Decided on : Feb-22-1928

Reported in : AIR1928Cal518

..... a voluntary trust. the second exception in the case of children under a marriage settlement where persons in contemplation of marriage make a settlement by way of contract only for the benefit of, amongst others, the children of the marriage.6. in english law the children of the marriage are said to be within ..... somewhat peculiar and at first sight it may seem that the decision proceeded on the difference between 'consideration' as defined in english law and as defined in the contract act. but a closer examination of the case justifies, in my opinion, the criticizm passed on it by page, j., in the case of jiban krishna ..... created a trust in favour of the widow. he further held that a trust could not be the less capable of being enforced because it was founded on contract.11. the point now before us for determination is, in my opinion, covered by authority see cleaver v. mutual reserve fund life association [1892] 1 ..... policy was payable to a wife, if living, otherwise to the legal personal representative of the assured. lord esher, m.r., observed as follows:the contract is with the husband and with nobody else. the wife is no party to it. the promise is one which could only take effect upon the husband ..... fact which, like many other facts, cannot be disregarded in determining the question whether or not a trust arises out of or is founded on a contract, but it has no other importance. cases such as the present ca n be decided, and ought to be decided, on the settled principles of equity .....

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Mar 21 1928 (PC)

Ojamshee Purushottamdas and Co. Vs. Abdul Rahim Oosman and Co.

Court : Kolkata

Decided on : Mar-21-1928

Reported in : AIR1929Cal705

..... that point i entirely agree with the learned judge. i think, therefore, that there was enough of this sugar to answer not only the plaintiffs contract but also the contract of kala chand whose goods were included in the same re-sale. that is the first question. in my judgment the defendants had the goods ..... different and well known category viz., that of 'assistant' in a. firm of merchants but he is not within the meaning of merchant in the contract with which we are concerned. in the arbitration clause it is not provided that the arbitrator must be a person with special knowledge of sugar. there is ..... upset the arrangements and the dispositions of thecommercial community. now in the present instance these buyers and sellers were commercial people. they provided in their contract that their disputes should be referred to a european merchant and i think that all that they meant was that the person to act as an ..... is living in calcutta and is in business in calcutta. the question is whether he is a merchant within the meaning of that expression in these contracts. as regards that question we have the evidence of mr. duggan himself. he was called as a witness on behalf of the plaintiffs and the ..... i propose to deal with first is whether or not the plaintiffs' contention is correct that mr. duggan was not eligible under clause 15 of the contract to act as an arbitrator. the phrase to be a construed is an extremely short one, namely, the arbitration of two european merchants of calcutta.' .....

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