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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1930 Page 1 of about 33 results (0.046 seconds)

Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. B.B. and C.i. Ry. Co. Ltd. and anr.

Court : Kolkata

Decided on : Dec-15-1930

Reported in : AIR1931Cal489

..... packages were in good condition.5. the next point is whether the railway company has got an absolute indemnity under the terms of the risk-note. now, lit appears to be clear from the risk-note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the conditions of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Dec 15 1930 (PC)

Mafat Lal Gogal Bhai Vs. the Bombay Baroda and Central India Railway C ...

Court : Kolkata

Decided on : Dec-15-1930

Reported in : 131Ind.Cas.31

..... packages were in good condition.4. the next point is whether the railway company has got an absolute indemnity under the terms of the risk note, now, it appears to be clear from the risk note that one of the conditions of the contract between the parties was that the railway administration would not be held responsible for the condition of the ..... court that there was no wilful negligence on the part of the railway company or their servants. that being so, the plaintiff is out of court in view of the contract between the parties and the railway company is not liable for the amount claimed. in the result, it follows that, on the facts found, the present appeal is without substance .....

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Jul 22 1930 (PC)

Ramjiban Serowgee and ors. Vs. Nippon Yusen Kaisha and ors.

Court : Kolkata

Decided on : Jul-22-1930

Reported in : AIR1931Cal373

..... no. of dates of dates of dates of name of date of dates of amount. jute mill bales mate's b-lading. letters of steamer. sailing. plaintiffs'company. receipts. indemnity cheques. ------------------------------------------------------------------------------------------1 2 3 4 5 6 7 8 9------------------------------------------------------------------------------------------kensington. 75 18th may 18th may 18th may moji maru 19th may 24th may l6,200dalhousie. 75 17th may 17th ..... them, demanded payment by the export; company. meantime the steamer had sailed and recourse to the goods themselves, even if legally justifiable, was out of the question.6. the contract between the plaintiffs and their buyers and sellers provides:7. payments to be made in cash in exchange for delivery order on sellers, or for railway receipt, or for dock ..... knowledge that the goods were the plaintiff's or that the plaintiffs had a special property in them, assuming that to have been the case. the shipping company had contracted with the exports company to carry the goods and if the shipping company were prepared to forgo the production of the mate's receipt, which is an acknowledgment of the ..... the original side for finding upon the issue:whether the taiwan bank or the endorsee of the bills of lading or any of then can by virtue of section 178, contract act, claim; bettor title to the goods as against the plaintiff than the title of the international export company.52. on receipt of the finding final order will be .....

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Mar 26 1930 (PC)

Ramnarayan Satyapal Vs. Carey and anr.

Court : Kolkata

Decided on : Mar-26-1930

Reported in : AIR1931Cal491

..... as i see no reason to doubt. the plaintiff is entitled to recover against the defendants and the defendants no doubt will be able to obtain an indemnity by an order of the subordinate judge at dhanbad enabling them to recoup themselves out of the assets if they are called upon to satisfy the decree ..... judge and also an abstract of such accounts which shows that the total amount of coal sold to other persons by the defendants in breach of the contract in suit is 10,462 tons 9 cwts. this quantity differs by about 1,000 tons from the quantity which the defendants would be prepared to ..... case just cited:i think that these cases further establish that such a receiver, although appointed for the' benefit of the debenture-holders, is not the agent to contract, either of the court or of anybody else, but is a principal.9. lastly, in parsons v. sovereign bank of canada [1913] a.c. 160, ..... trighunait brothers against p. f. lin-ton & ors, and, by the order appointing them, they were required to secure the sanction of the court to contracts for the sale of coal.3. the defence preferred on behalf of the defendants at the hearing is based upon their receivership, and the following issues have been ..... so much coal as was available after messrs. andrew, yule & co., ltd., had been satisfied. at the hearing, it has not been denied that the contract in suit was entered into and that there has been a breach, and the only question of substance is whether the defendants are personally liable, though there may .....

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Nov 26 1930 (PC)

Ajitkumar Basu Thakur Vs. Chairman of the Commissioners of Dacca Munic ...

Court : Kolkata

Decided on : Nov-26-1930

Reported in : AIR1932Cal85

..... and acted upon on behalf of the municipality. an implied contrast to afford the plaintiff all facilities for cultivation on the trenching ground may not unreasonably be inferred but such contract again would be hit by section 37, bengal municipal act, and also by article 115, schedule 1, lim. act.5. judged by whatever test, the claim in our judgment ..... i it be regarded as a contract by the municipality by reason of its acceptance by the latter cannot be pleaded against the commissioners. there is undoubtedly a body of evidence, which shows that this lease-- though ..... section 34 has bean held by this court: chairman, south barrackpore {municipality v. amulya nath chatterjee [l907] 34 cal. 1030. it is also not disputed that the value of the contract is over rs. 500. the provisions of. section 37 are mandatory and noncompliance therewith would in our opinion render the agreement unenforceable. the condition contained in the registered kabuliyat, even ..... the suit as barred by limitation. the plaintiff relied upon article 116, schedule 1, lim, act. the subordinate judge held that that article did not apply as there was no ' contract in writing registered within the meaning of that article apart from the registered kabuliyat, which the plaintiff had executed, but which was not in conformity with section 37, bengal municipal .....

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Jun 24 1930 (PC)

Engineering Supplies Ltd. Vs. Dhandhania and Co.

Court : Kolkata

Decided on : Jun-24-1930

Reported in : AIR1931Cal659

..... which will be of general application than the definition upon which the learned judge has proceeded. in this case, for example, it so happened that the contract was c. i. f. the plaintiff got the goods. he had before he could recover damages claimed on the footing that the goods ware bad, to ..... wholly or in part arises,' that we have necessarily to ask ourselves in what place, for the purpose of international law or otherwise, is the contract to be deemed to have taken place. we have to ask ourselves whether something, which the plaintiff is obliged to prove as a fact in order ..... jurisdiction. but ultimately, in most cases the high courts took the view that, if the concluding part, that is to say, in the case of contract, the breach took place within the jurisdiction, the condition was satisfied. the legislature put an end to that controversy in 1888 and enacted in addition to ..... vacuum brakes; and the plaint apparently intended to make a case that not only was this requirement a part of the indent which formed part of the contract, but that, independently of what is contained in that; indent by way of description of the goods, the plaintiff made known to the defendants the ..... in respect that its opening paragraphs are apparently intended to foreshadow a case for damages for misrepresentation of facts inducing the plaintiff company to enter into a contract for the purchase of goods. but, for the present purpose, i shall deal only with the rest which is the main portion of the plaint; .....

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Jan 03 1930 (PC)

Thakurdas Mundra and ors. Vs. Emperor

Court : Kolkata

Decided on : Jan-03-1930

Reported in : AIR1930Cal637

..... that is to say that while the modi acts in form as a broker ha is in reality alone responsible to his principal for the performance of the contract.3. the contention of the accused is that the provision for payment of margins was intended to minimize the chance of loss by reason of failure on ..... , in particular the terms providing for the periodical payment of margin namely that a party shall pay to1 or receive from the other the difference between the contract rate and the market rate on saturday as quoted by the association. it provides that interest on all margin will be calculated at the rate of 6 ..... is between modi and modi, or were made by the agency of modis between third parties or beparis. a printed form was kept for each class of contract. the form for use between modi and modi is a very short one and purports merely to record a sale subject to the bye laws of the bengal ..... if however it be first found that the transactions entered into at this place were transactions by way of wager or gaming, then no doubt the books and contract forms which were kept upon the premises must be regarded as instruments of gaming and, in the circumstances of this case, the accused have no defence to ..... the intention of the parties was in no circumstances either to take or give delivery. if it be shown that the intention of both parties to each contract was merely that according as the prices of jute should rise or fall payment of differences should be made, then it is proved that the true intention .....

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Mar 27 1930 (PC)

Satyendra Kumar Das and anr. Vs. Chairman of the Municipal Commissione ...

Court : Kolkata

Decided on : Mar-27-1930

Reported in : AIR1931Cal288

..... other point to which i should refer and it is this: the learned advocate-general, as i have already said, contended that the contract was a contract for the supply of road materials and it terminated and in its place the plaintiffs' fathers as contractors had documents, that is to say ..... of the respondents has considerable force. although the contractors, might have got their bills passed, and. although the only outstanding in connexion with the contract was the question of payment, by no means it follows that there was no question on which controversy or dispute could have arisen as between ..... had certain payments been made, but the contractors' bills had been finally passed by the chairman of the municipality and therefore-, the original contract had been discharged and in its place the contractors had received passed bills which were regarded as security for the money owing; and therefore to ..... circumstances the view taken by the learned district judge is correct; and we have to decide whether, merely because the outstanding feature of the contract was the question of payment, that exculpates the plaintiffs and relieves-them from all responsibility for the-bargain which had been made by their ..... firm either directly or indirectly. he then went on to say that the most important question that arises in this connexion is whether the contract for the supply of road materials was complete and the disqualification had ceased before the dates on which the nomination papers were submitted; and .....

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Feb 10 1930 (PC)

(Haji) Vali Mohomed Ayoob Vs. Shamdeo Gopiram

Court : Kolkata

Decided on : Feb-10-1930

Reported in : AIR1930Cal774

..... disputes having arisen between the parties the matter went to the bengal chamber of commerce for arbitration. the arbitrators held that one of the terms of the contract between the defendants and the plaintiff was a clause to refer to arbitration being the said clause 23. they awarded to the defendants rs. 6,784-2- ..... for the contention put forward on behalf of the plaintiff in this case that the arbitration clause in question referred to above was not imported into the contract between the parties. in my opinion, it is not necessary for the purposes of this judgment to go into any discussion as to whether or not ..... that clause 23, which is the material clause to be considered in the present case, was a clause which did form one of the terms of the contract between the defendants and the plaintiff. if that is so, there is no sustance, in nay opinion, in this appeal and i would therefore affirm the judgment ..... 9. i agree. i have some difficulty whether the words 'bahar mouza' in the sowda in this case should be taken as referring to the specific written contract of the 25 clauses upon which the sellers bought from the japan cotton trading co. ltd. assuming that they do however i see no reason why clause ..... . 767 and the observations at p. 804 of that report, i agree with the learned judge in the present case that:the terms of any other contract must as a general rule be intended only to apply between the parties thereto, yet that has never been suggested in the english cases as being in .....

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Feb 20 1930 (PC)

Mohitkrishna Kundu Vs. Mahendranath Guha

Court : Kolkata

Decided on : Feb-20-1930

Reported in : AIR1931Cal468

..... , in case of difficulty, one should try to get at the real intention of the parties by taking a reasonable view of the contract as a whole, rather than follow some artificial doctrine of construction. there is no charm in the words 'mokarari mourasi kayemi' or 'jama dharya,' when ..... interpretation of agricultural leases in terms of paddy rent has been a vexed one, and decisions have not been uniform, for the simple reason that each such contract has got to be interpreted on its own merits. but, when dealing with such leases drawn up in the mufussil, it is a good rule that ..... learned advocate for the appellant relied on the case of official trustee of bengal v. be-node behari ghose, : air1925cal114 . but there the distinctive feature of the contract was the word 'or' which seems to have made all the difference. there is another case bangshiram mandal v. prasannomoyi debi : air1928cal166 . in that case, ..... question which is at issue between the parties, because, although the paddy rent has been valued at a certain figure, it does not follow from the contract that the tenant may, at his sweet will, dispense with the payment of paddy rent and pay only the money value mentioned in the patta. in ..... that case, sanderson, c. j., remarks as follows:in the next place, the parties should be held to that which they have said in the contract and i do not see why the court should speculate and as a result of that speculation arrive at the conclusion that the important provision to which .....

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