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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1932 Page 1 of about 17 results (0.017 seconds)

Jul 25 1932 (PC)

Thomas Merthyr Colliery Co. Vs. Davis (H. M. Inspector of Taxes).

Court : Kolkata

Decided on : Jul-25-1932

Reported in : [1933]1ITR12(Cal)

..... the election of a third party, who was to decide whether the conditions were or were not fulfilled (an indemnity which probably, though i do not base myself upon this, is based upon a contract in restraint of trade and therefore unenforceable), would be a taxable gain or profit arising or accruing from the ..... do not think it is necessary to-decide it here, that it would be very difficult to argue successfully that, if the gains accruing from this indemnity were taxable profits, the premium which was paid for the purpose of earning those profits was not itself a disbursement or expense to be taken into ..... requirements of its own. but, however that may be, i am clearly of opinion that an expenditure in respect of the possibility of receiving that indemnity so controlled by a third party would not be one which could be said to be 'wholly and exclusively laid out or expended for the purposes ..... restriction or a cessation of output at the colliery in consequence of the member acting in compliance with the direction of the association, the indemnity may be paid; there again, whether the output of coal be restricted, or whether a direction of this association result in a cessation of output - ..... decision, or be not ratified by the association, then they are not liable to pay the money which otherwise they might be liable to pay as indemnities under clause 81 and the subsequent clauses. then, as the attorney-general has pointed out, it is not limited to strikes. in the case of .....

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May 11 1932 (PC)

Abdul Latiff Vs. Gopeswar Chattoraj

Court : Kolkata

Decided on : May-11-1932

Reported in : AIR1933Cal204

..... one or more partners from agreeing to indemnify the others against loss, or to prevent full effect from being given to a contract of partnership containing such a clause of indemnity.8. judged by the tests laid down in the propositions quoted above the terms of the agreement, such as they have ..... law, but of fact that there is a partnership yet whether the relation of partnership does or does not exist must depend upon the whole contract between the parties, and that circumstance is not conclusive.6. on the other hand an agreement to share all profit and all loss is an ..... the loss, and this distinction becomes important when a question arises in connexion with their dealings with third parties. 'partnership' is defined in section 239, contract act, and 'agency' in section 182, and although every partner is an agent of the firm and his other partners for the purposes of the ..... , because the defendant had engaged in a business which as a legal practitioner it was not open to him to do, and that the real contracting parties were the plaintiff and the defendant. (their lordships then discussed evidence and proceeded.) the essential ingredients of the transaction were that the business was ..... which it was brought was maintainable. the subordinate judge held that the business in question was a partnership business within the meaning of section 239, contract act, that the plaint was framed as if the relations between the parties were as those of principal and agent, while in reality the parties .....

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Apr 26 1932 (PC)

Karnani Industrial Bank Ltd. Vs. Ranjan

Court : Kolkata

Decided on : Apr-26-1932

Reported in : AIR1933Cal63

..... argument on behalf of the opposite party no. 2 based on the language of section 12 does not assist the employer for the present proceedings are not indemnity proceedings.7. that observation of the learned commissioner seems to indicate that he has not considered the question of whether or not the erection of the ..... . they also kept a billiard saloon. they were minded to join together in running a skating rink. they bought an existing iron structure and made a contract with a person for its removal and re-erection. the applicant, that is to say, the workman while employed on this work by the person with ..... there are:where any person (in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of ..... that section deals with a case where the principal, as it calls him, in the course of or for the purpose of his trade or business contracts with any other person called the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily ..... whom the two shopkeepers contracted was injured by accident and in respect of his injuries he claimed compensation from the respondents, that is to say, the two shopkeepers who were the principals .....

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Jun 29 1932 (PC)

Chartered Bank of India, Australia and China Vs. Imperial Bank of Indi ...

Court : Kolkata

Decided on : Jun-29-1932

Reported in : 149Ind.Cas.903

..... cynical disregard of what was once considered to be the corner-stone of modern civilization is not surprising. there have occurred recently striking and notorious examples of breaches of contracts which had been confirmed and sanctified with all the deliberation and solemnity of acts of the legislature itself and as deliberately broken. but it is my belief that those who ..... shipping documents in return for trust receipts, the truth seems to be, that some, and perhaps many, businessmen nowadays, though of undoubted integrity, have scant regard for the sanctity of contracts, or even of trusts, or for meticulous adherence to their terms. mr. warwick's evidence under cross-examination is full of enlightenment upon this aspect of the case. perhaps their ..... the present case is concerned. the question can be disposed of shortly : whatever be the relation created as between the plaintiff and kerr tarruck & co., whether the trust receipts created contracts of agency or something more, such as a trust, they cannot affect the defendants who had no knowledge of them and who, bona fide, had given valuable consideration for the ..... take in exchange certain documents called trust receipts. this practice had been followed for 20 years prior to the year 1927 though obviously it was done in breach of the contract between the plaintiffs and the shippers contained in the letters of request and hypothecation, because, it enabled kerr tarruck & co. to obtain delivery of the documents and the goods .....

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Jun 29 1932 (PC)

Chartered Bank of India Vs. Imperial Bank of India

Court : Kolkata

Decided on : Jun-29-1932

Reported in : AIR1933Cal366

..... cynical disregard of what was once considered to be the corner-stone of modern civilization is not surprising. there have occurred recently striking and notorious examples of breaches of contracts which had been confirmed and sanctified with all the deliberation and solemnity of acts of the legislature itself and as deliberately broken. but it is my belief that those who ..... documents in return for trust receipts, the truth seems to be, that some, and perhaps many, business men nowadays, though of undoubted integrity, have scant regard for the sanctity of contracts, or even of trusts, or for meticulous adherence to their terms. mr. warwick's evidence under cross-examination is full of enlightenment upon this aspect of the case. perhaps their ..... the present case is concerned the question can be disposed of shortly: whatever be the relation created as between the plaintiffs and kerr tarruck & co., whether the trust receipts created contracts of agency or something more, such as a trust, they cannot affect the defendants, who had no knowledge of them and who, bona fide, had given valuable consideration for the ..... take in exchange certain documents called trust receipts. this practice had been followed for 20 years prior to the year 1927, though obviously it was done in breach of the contract between the plaintiffs and the shippers contained in the letters of request and hypothecation, because it enabled kerr tarruck & co. to obtain delivery of the documents and the goods before .....

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Feb 02 1932 (PC)

Saroj Bandhu Bhaduri Vs. Jnanada Sundari Debya and anr.

Court : Kolkata

Decided on : Feb-02-1932

Reported in : AIR1932Cal720,140Ind.Cas.263

..... a settlement. 'muttusami ayyar, j., speaks of it as a gift; but also as a solemn and binding promise, refers to clause .1, section 25, contract act, and speaks of a promise being equivalent to a declaration of trust.8. in the case before us the monthly allowance was only to go to the daughter ..... hindu law and willes, j., in the case cited, had pointed out that there might be exceptions to it, exceptional cases of provisions by way of contract or of conditional gift on marriages or other family provisions for which authority may be found in hindu law.5. it was held that the ease was within ..... to satisfy section 122, t. p. act, i do not see how it can be a 'gift actually made' within the meaning of section 25, contract act. as there is no question of consideration in the present case and no difficulty as regards assent by the daughter it seems to me that it makes ..... unless a contrary intention appears from the context.' from clauses (e) and (h), section 2, it appears that an agreement is merely a promise and that a contract is merely an agreement enforceable by law. from clause (b) we learn that a promise is merely an accepted proposal. hence it would seem necessary to inquire whether ..... to that extent. 3. the second question would therefore appear to be whether the mashahra patra or deed of monthly allowance is an ' agreement' and a contract' within the meaning of the act. this indeed is the only difficulty in the case and must be considered in the light of the definitions given in section .....

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Jun 16 1932 (PC)

Surajmull Shroff Vs. Gopeeram Bhotica and anr.

Court : Kolkata

Decided on : Jun-16-1932

Reported in : AIR1932Cal823

..... the plaintiff, immediately as the plaintiff gave mr. bose the cheque in his office in calcutta. there are several difficulties in the way of accepting this contention. firstly, such a contract was not alleged nor proved; nor is it the same thing as was admitted in the defendant's written statement and which was only this that the title deeds would ..... our judgment no delivery to the plaintiff in the town of calcutta has been proved in this case, and we are, on the other hand, inclined to hold that whatever contract there was between the parties and all the relevant incidents of the transactions took place at bhownipur, that is to say, outside calcutta. we are also of opinion that the .....

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Dec 08 1932 (PC)

Dhirendra Nath Mukherjee Vs. Nutbehary Munshi and ors.

Court : Kolkata

Decided on : Dec-08-1932

Reported in : AIR1933Cal660

..... distinction between mercantile contracts and negotiable instruments, but conceivably that may be so and i rather base myself upon the authorities in which negotiable instruments were under consideration. in r.p. koneti naicker v ..... charter party. the respondent signed as agent. lord shaw of demfermline in his speech observed:the appending of the word agent to the signature of a party to a mercantile contract is in all cases the dominating factor in the solution of the problem of principal or agent.3. i do not know whether his lordship intended thereby to make any .....

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May 11 1932 (PC)

(Moulvi) Wazed Ali Khan Panee and anr. Vs. Brojendra Kumar Bandopadhay ...

Court : Kolkata

Decided on : May-11-1932

Reported in : AIR1933Cal90

..... . 2,000 has been credited to interest on account of the year 1327. he asks for an account to be sent up to 1326. he says that there is no contract for anything except malikana rent and interest. he sends an account and he also sends a sum of money on account of malikana rent. he says that the court of .....

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May 20 1932 (PC)

Secy. of State Vs. Madhu Sudan Mukherjee and ors.

Court : Kolkata

Decided on : May-20-1932

Reported in : AIR1933Cal260

..... crown grants act (15 of 1895) the provisions of the transfer of property act do not apply to crown grants. the subordinate judge has held that:there being no special contract the crown grants act would not apply and the relation between the parties should be governed by the provisions of the transfer of property act.9. the question is not ..... : see troilokya nath roy v. sarat chandra banerji (1905) 32 cal 123 and gohinda chandra saha v. dwarka nath air 1915 cal 313. there having been no provision in the contracts between the parties what, if any, should be the notice in case the defendants were holding over, 15 days' notice ending with a month of the tenancy would be necessary .....

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