Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1929 Page 1 of about 33 results (0.015 seconds)

Feb 28 1929 (PC)

Rajendra Narayan Basu Sarbadhicary and ors. Vs. Debendra Nath Mukhopad ...

Court : Kolkata

Decided on : Feb-28-1929

Reported in : 123Ind.Cas.241

..... his trust estate, i cannot myself see why the person who has recovered judgment against the trustee should not have the benefit of his right to indemnity and go direct against the trust estate or the assets, as the case may be, just as an ordinary creditor of a business carried on by ..... to be indemnified out of the estate of the testator, plaintiffs who have recovered judgment against the executor should, have the benefit of this right to indemnity and should realise their dues from the assets of the testator. in this connection the following observations of mr. justice byrne in the case of raybould v ..... claims by the testator's creditors) to be indemnified out of the testator's estate against the liabilities which they had properly incurred, and that the indemnity was not limited to that portion of the assets which had come into existence or changed its form since the testator's death. it is not ..... . 1 is entitled to be indemnified out of the testator's estate against the liabilities which he has properly incurred. it is contended that the indemnity should be limited to the putni acquired by the executor and as the putni has already been sold the executor should be held personally liable for the ..... .t. 809 : 40 w.r. 17 above referred to, applies to the facts of the present case. the plaintiffs with whom the executor contracted to pay rent stand in the shoes of the executor and have the same indemnity as the executor has against the testator's estate and the executor has a right to an .....

Tag this Judgment!

Feb 28 1929 (PC)

Rajendra Narayn Basu and ors. Vs. Debendra Nath Mukhopadhya and ors.

Court : Kolkata

Decided on : Feb-28-1929

Reported in : AIR1930Cal55

..... his trust estate, i cannot myself see why the person who has recovered judgment against the trustee should not have the benefit of this right to indemnity and go direct against the trust estate or the assets, as the case may be, just as an ordinary creditor of a business carried on by ..... entitled to be indemnified out of the estate of the testator, plaintiffs who have recovered judgment against the executor should have the benefit of this right to indemnity and should realise their dues from the assets of the testator. in this connexion the following observations of byrne, j., in the case of raybold v. ..... claims by the testator's creditors) to be indemnified out of the testators' estate against the liabilities which they had properly incurred, and that the indemnity was not limited to that portion of the assets which had come into existence or changed its form since the testator's death. it is not said ..... 1 is entitled to be indemnified out of the testator's estate against the liabilities which he has properly incurred.6. it is contended that the indemnity should be limited to the putni acquired] by the executor and as the putni has all ready been sold the executor should be held personally liable ..... gorton [1891] a.c. 190, above referred to, applies to the facts of the present case. the plaintiffs with whom the executor contracted to pay rent stand in the shoes of the executor and have the same indemnity as the executor has against the testator's estate and the executor has a right to an .....

Tag this Judgment!

Nov 20 1929 (PC)

Meherulla Vs. Sariatulla

Court : Kolkata

Decided on : Nov-20-1929

Reported in : AIR1930Cal596

..... 826, at p. 398.4. in the case of consolidated exploration and finance co. v. musgrave [1900] 1 ch. d. 37, it was held that any indemnity given to bail whether by the person bailed or another, is illegal. it is essential that the person giving bail should be interested in looking after the accused and, ..... of his principal's conduct, the surety has no interest in taking care that the condition of the recognizance is performed. therefore, it is held that a contract like this is tainted with illegality. following this rule it was held in prosanna kumar chakravarty v. prokash chandra butt [1915] 28 i.c. 560 and ..... decreed the suit. against that order the petitioner has obtained the present rule.2. the trial court has proceeded upon the view that there was an implied contract by the defendant to indemnify the plaintiff upon the bail bond. it is pointed out on the other side that the bail bond itself is not on ..... and cannot be enforced.5. it is contended in behalf of the opposite party that although there may not be an express contract, sill there may be an implied contract. but under section 9, contract act, the difference between the promises express and implied is that the former is made in words, while the latter is ..... duly appear on the date fixed for the hearing. but i do not think that the implication went any further and that there was an implied contract that the accused should either appear on the date fixed or pay the amount which his surety had to pay. it may be noticed here that .....

Tag this Judgment!

Jul 02 1929 (PC)

Bindu Bhusan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Decided on : Jul-02-1929

Reported in : AIR1930Cal568

..... sale. the purchasers' rights stated in para. (3) and para. (6)(b) depend on payment having been made by him and not on the contract alone.8. before that passage they say that except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph ..... clauses (a) and (b), para. 5, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f), para. 1, para. (2), para. (4)(b), para. (5)(c), (d) and para. ( ..... commentaries of shephard and brown on the transfer of property act, edn. 7. at p. 192 the learned authors say:the distinction between the antecedent contract and the conveyance between the duties of the parties before and after the sale is not clearly marked in the section. the rules contained in para. 1 ..... of the section, or under the covenant for title or some express contract for compensation, the purchase money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or of ..... any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area of .....

Tag this Judgment!

Jul 02 1929 (PC)

Bidhu Bhushan Pal Chowdhury Vs. Umesh Chandra Banerjee and ors.

Court : Kolkata

Decided on : Jul-02-1929

Reported in : 128Ind.Cas.183

..... sale. the purchaser's rights stated in para, (3) and para. (6)(6) depend on payment having been made by him and not the contract alone.' before that passage they say that, except on the ground of fraud, which term includes any such omission as is mentioned in the last paragraph of ..... and (b) of the fifth paragraph, refer to matters antecedent to the sale and should, therefore, be taken with the provisions of the specific relief act relating to the contract between seller and buyer. on the other hand, clause (f) of the first paragraph, para. 2. para. (4)(6), para. (5)(c),{d) and pars ..... commentaries of shephard and browne on the transfer of property act, seventh edition. at page 192, the learned authors bay: 'the distinction between the antecedent contract and the conveyance, between the duties of the parties before and after the sale, is not clearly marked in the section. the rules contained in the ..... the section, or under the covenant for title or some express contract, for compensation, the purchase-money cannot be recovered or damages claimed. it is urged that this matter not falling within the ground of fraud or ..... of any express contract for compensation, the money that was claimed by the plaintiff is not recoverable from the sellers. as an illustration, the learned advocate points out that if there is no express covenant for indemnity in case there is a misdescription in the area .....

Tag this Judgment!

Dec 13 1929 (PC)

Jyoti Prosad Singh Deo Vs. H.V. Low and Co. Ltd.

Court : Kolkata

Decided on : Dec-13-1929

Reported in : AIR1930Cal561

..... by the ancestors of the defendant to the debuttardars and brahmottardars and ask for copies of debuttar and brahmottar grants, failing which they say an indemnity by the defendant will be necessary. on 23rd july 1925, they pressed for a reply saying that they cannot possibly complete unless satisfied that the ..... more particularly sir w. grant both advert to the possibility of a distinction between them and actions for damages to be recovered at law for breach of contract. we cannot, however, help thinking, that the opinions of these eminent judges and the decisions, especially that of purvis v. rayer 9 price 488, ..... the3e tenures was made by written instruments; and that in not producing these written instruments, the defendant failed to comply with his obligation under the contract. it is said that the evidence produced at the trial by the defendant to the effect that these grants have been searched for and no trace ..... and debuttar tenures the origin of which is now unknown and for which no written instrument can be produced. what then, he asks, in a contract for that grant of a lease has this defendant promised, and what is the breach of that promise which entitled the plaintiffs to repudiate or rescind ..... a completed sale and corresponds to the covenant for title in an english conveyance. there can, however, be no doubt that in india a contract for sale of immovable property implies some warranty as to title by the seller. it has been held in india that defects of title are within .....

Tag this Judgment!

Jun 04 1929 (PC)

Monohar Das Mohanta Vs. Tarini Charan Nandi

Court : Kolkata

Decided on : Jun-04-1929

Reported in : AIR1929Cal612

..... lower courts have drawn the inference that the endowment has been benefited is that the debuttar estate has made a certain profit out of the alleged contract of the mohant that, in my opinion, is wholly insufficient to justify the granting of the mokorari lease.12. it has next been argued ..... his mohantship by the present appellant the respondent consequently instituted the suit in which this present appeal arises for the purpose of specifically enforcing the contract entered into by madhusudan with him to grant a permanent mokorari lease. it is now finally established on the authorities to some of which reference ..... have already said, that expression must be interpreted in its special meaning and cannot be construed in such a manner as to cover any and every contract or lease which may bring some sort of financial benefit to the estate. in my judgment, the decision of the court of appeal below cannot ..... mohunt, that, therefore, the suit did not lie against him, and that, inasmuch as the land was debuttar property and not personal property and contract for a permanent lease of the land was not binding upon the mohunt's successor. the trial court held that the plaintiff was entitled to a ..... mohant. i do not think the facts also lay any foundation for the ratification. it is argued that there was a new contract by the guardian of the appellant. assuming there was this contract cannot be enforced against his ward, the appellant : see mir sarwanjan v. fakruddin mahomed [1912] 39 cal. 232. for .....

Tag this Judgment!

Mar 15 1929 (PC)

Bimalacharan Batabyal Vs. Trustees for the Indian Museum

Court : Kolkata

Decided on : Mar-15-1929

Reported in : AIR1930Cal404

..... have given, i hold that, in this case, so far as the duration of the plaintiff's employment was concerned, that was entirely a matter of contract, express or implied, as between him and the trustees of the indian museum, and, neither by virtue of section 13 of the act of 1910 nor ..... for at least such a period as would enable 'him to earn remuneration at the highest 'rate. no doubt it was open to the plaintiff to contract with the defendants with regard to the 'term' of his employment but that particular contention of mr. roy seems to be negatived by a decision in ..... of maintaining that as a public servant, the plaintiff could not be dismissed from his employment, mr. roy fell back upon the argument that there was a contract of service between the plaintiff and the trustees, one of the terms of which, either expressly or impliedly, by virtue of the expression 'substantive and permanent,' ..... section (2), section 96-b, government of india act, which are manifestly intended for the protection and benefit of the officer, are inconsistent with importing into the contract of service the term than the grown may put an end to it at pleasure.7. buckland, j., was merely following the decision in. gould v. ..... new south wales civil service act of 1884:which are manifestly intended for the protection and benefit of the officer, are inconsistent with importing into the contract of service the term that the crown ray pat an end to it at its pleasure.6. the opinion of the judicial committee of the privy .....

Tag this Judgment!

Nov 29 1929 (PC)

Prasaddas Sen and ors. Vs. K.S. Bonnerjee

Court : Kolkata

Decided on : Nov-29-1929

Reported in : AIR1931Cal61

..... a builder to alter an old mansion house so as to make it into a receiving house for children of paupers. the builder claimed certain additional sums beyond the original contract amount. the case arose under the public authorities protection act'. 1893, which provided a special period of limitation for proceedings against any person 'for any act done in pursuance, etc ..... the highway. in order to carry out this duty they have power to build a house or alter a house and they accordingly entered into a private contract. it is a breach of this private contract that is complained of in this action. it is not a complaint by a number of children or by a member of the public in respect ..... in which public duty comes in at all is, as i have pointed out, that if it were not for a public duty any such contract would be ultra vires. but that would apply to every contract.16. with this we may compare what baron parke said in another case, palmer v. g. j. ry. co. [1839] 4 m. & w. 749:if ..... public officer in his official capacity.14. public bodies in the course of their duty frequently have occasion to enter into contracts e. g., for the erection of buildings, wharfs etc., and if an action is brought for breach of such contract it will no doubt as a rule be outside the scope of this section. in sharpington v. fulham guardians [1904 .....

Tag this Judgment!

Mar 20 1929 (PC)

Nripendra Chandra Sarkar and ors. Vs. Ekherali Joardar and ors.

Court : Kolkata

Decided on : Mar-20-1929

Reported in : AIR1930Cal457

..... limitation as is suggested in the patna full bench decision. this court in a recent decision has held that the principle can be applied to cases where a contract is entered into by a member of a hindu joint family under that bengal school. it is sufficient to refer to the decision of greaves, j. ..... behalf of the family by the persons who make them and i find nothing in the decision of their lordships which requires us to hold that such contracts cannot be enforced against the family.6. in the observations of their lordships of the judicial committee of the privy council in the case of mir sartuarjan ..... this principle has no application to a lease when there is a contract to sell for the purpose of necessity by a manager of a joint hindu family and reliance is placed in support of that contention on a decision ..... of the privy council in the case of mir sarwarjan v. fakhruddin mahomed chowdhuri [1912] 39 cal. 232, it cannot now be seriously contended that the contract which was entered into by defendant 1 on behalf of the joint family at a time when defendant 3 was a minor could be enforcible as against defendant ..... on behalf of the respondent that the decision of the judicial committee of the privy council must be limited to a case where the contract on behalf of the minor is a contract for the purchase of immovable property. we can find no such limitation in the decision of their lordships. it is also said that .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //