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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1933 Page 1 of about 30 results (0.075 seconds)

Feb 09 1933 (PC)

Karunakumar Datta Gupta Vs. Lankaran Patwari

Court : Kolkata

Decided on : Feb-09-1933

Reported in : AIR1933Cal759

..... was in the transactions in question an agent, and that as an agent ho is entitled to his commission and also to an indemnity on account of loss incurred in entering into other contracts upon the mandate of his employer, the plaintiff; 2. he contends, secondly, that the very possibility of 'common intention' to ..... law, an agent and not a principal. in the former case, the plaintiff, apart from any special statute, would be entitled to his indemnity whether the contract he procured was not of a wagering nature; 2. mr. b.c. ghose's second point may be illustrated by the following example. by ..... this question became of practicable importance during the inquiry as to damages ordered by page, j. the defendant contended that the plaintiffs were entitled to an indemnity only: cassaboglou v. gibb (1883)11 qbd 797. the view taken by the plaintiffs was that the case had travelled in a complete circle and ..... circumvent the defence, sought to amend by pleading in the alternative that they were agents and therefore notwithstanding any default by the shippers entitled to an indemnity. mr. pugh for the plaintiffs propounded the view for which mr. ghose is now contending and relied on observations of lord blackburn in the two ..... failure to take delivery. it was held that b had not created privity of contract between a and 0 the foreign supplier, yet it was held that b could not recover against a except on the basis of indemnity. this result appeals to me difficult to reconcile with the view taken by the .....

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Feb 06 1933 (PC)

Mackintosh Burn Ltd. Vs. Shivakali Kumar

Court : Kolkata

Decided on : Feb-06-1933

Reported in : AIR1933Cal668

..... 31 and order 2, civil p. c, all the trustees should be joined; (c) the parties beneficially interested should be represented; (d) indemnity and subrogation to that right should be claimed.15. i am the first to agree that the court should, whenever possible, assist the plaintiff by adding ..... property without previous payment of such expenses and interest.13. it is more than doubtful therefore whether a court, in enforcing the right of indemnity against any trustee, will allow actual sale of the trust property in execution: see narayanan v. laksh manan (1916) 39 mad 456, where ..... judges differed. i prefer the view of kumaraswami sastri, j, to the effect that, provided the suit bo appropriately framed, the matter of subrogation and indemnity may be determined in the suit by the creditor against the trustee. this, i think, clearly appears from manindra chandra nandi v. sudhirkrishna banerji : ..... beneficiary being the family deity sree sree janardan jiu. on 29th august 1932, counsel appeared on the defendant's behalf and refused to claim an indemnity against the trust estate, implying that his client had been guilty of misconduct and was in default to the estate.4. mr. westmacott, who ..... mr. westmacott desired to refer me to the will, which contains the clause specifically providing for an indemnity to the trustees. he contended that he was right in suing the trustee who had made the contract, without joining the other trustees. he contended further that, having regard to the decision in bridge .....

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Feb 10 1933 (PC)

K.C. Dhar Vs. Ahmad Bux

Court : Kolkata

Decided on : Feb-10-1933

Reported in : AIR1933Cal735

..... that the defendant shall not be entitled to take other goods into the same boat. there is no restriction as to the liability save as regards the indemnity clause-c1. 8-where there is a restriction, for example, as regards accidental fire. the fact, that a person makes a special stipulation, does not ..... he will make himself liable to the person, who suffers damage-prima facie the owner of the goods-unless he has, at the time of the contract, restricted his obligation so as to give himself greater protection. in the result, the appeal is allowed and the appellants will recover from the defendant, ..... during the transit from the jetty to the ship does not, in my judgment, afford any answer to the common carrier. he was, under the contract, transporting goods, which he knew to belong to other people. the circumstance that mackinnon mackenzie and company did not purport to be themselves common carriers and ..... public employment, has committed a breach of the law by failing to carry safely. an action lies against him, not in any way dependent upon privity of contract between himself and the plaintiffs. this question was raised in the case of dekhari tea co., ltd. v. assam-bengal railway co., ltd. air 1920 ..... business, namely, that he must be holding himself out to do business with anybody, who requires his services, we should regard his work under the contract of march 1926, as making him a sub-contractor of the british india steam navigation company, in such a sense that, so far as regards the .....

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Aug 18 1933 (PC)

(Prince) Gholam HossaIn Shah and ors. Vs. Altaf HossaIn and ors.

Court : Kolkata

Decided on : Aug-18-1933

Reported in : AIR1934Cal328

..... vested in the committee, and for the administration of which they were to appoint a trustee, manager or a superintendent; and no part of the contract which consisted of inseparable stipulations by way of one and the same agreement was in excess of the powers of the committee under the law.31. ..... that the fixing of a period, so far as the appointment of mutwalli of the hooghly imambarah was concerned, it could not be held that the contract evidenced by the agreement between the members of the committee and defendant 1, was in any way ultra vires, illegal or void. the appointment of defendant ..... particular act of a corporation is within the competency and power of the corporation. keeping the above proposition in view, could it be said that the contract entered into by the committee with defendant 1 was outside the limits of the corporate constitution, that it was ultra vires, illegal and wholly void. the ..... connexion, that acts directly authorized are such things as may fairly be regarded as incidental to or consequential upon those things which are expressly authorized; and contracts entered into by a corporation created for a specific purpose are intra vires of the corporation, although not expressly mentioned in the statute under which it ..... its recognized bounds, and, in our judgment, the doctrine could not in any way be applied to the case of the contract as between the members of the committee and defendant 1. on the point that the action of the conamittee in the matter of the .....

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Aug 18 1933 (PC)

Gholam HossaIn Shah and ors. Vs. Sayed Muslim HossaIn and ors.

Court : Kolkata

Decided on : Aug-18-1933

Reported in : AIR1934Cal348,150Ind.Cas.124

..... in the interest of the endowment committed to their charge, in the matter of appointing a muttawali or manager, on terms and conditions set forth in an agreement evidencing a contract of service, which is valid and binding between the parties concerned. the plaintiffs in the suit cannot have the relief prayed by them, that the committee should be removed on .....

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Jan 25 1933 (PC)

Taraprasanna Ganguly and ors. Vs. Naresh Chandra Chakrabarty and ors.

Court : Kolkata

Decided on : Jan-25-1933

Reported in : AIR1933Cal329

..... the judicial committee laid down that trustees of a club who have incurred liability under onerous covenants contained in a lease accepted by them on its behalf are entitled to indemnity out of any property of the club to which their lien as trustees extends. the analogy of clubs does not really apply to the present case. the only decree that ..... the then members of the madaripur donovan girls' school committee, (who were all named in the plaint) for recovery of rs. 5,728 due on bills on account of a contract entered into on 7th march 1925 between the appellants and the then school committee for the construction of the school premises. various defences were taken in the suit amongst which ..... true that an unincorporated members' club is not a partnership and questions frequently arise as to who are the persons liable for goods supplied to such a club or on contracts professedly made on its behalf; it has been held that trustees of committee of management of such clubs have only such authority to ..... contract on behalf of the members generally as may be given to them expressly or by necessary implications by the rules. an ordinary club is formed upon the tacit understanding, judicially .....

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Aug 11 1933 (PC)

Shivaprasad Singh Vs. Prayagkumari Debee and ors.

Court : Kolkata

Decided on : Aug-11-1933

Reported in : AIR1935Cal39

..... are to be considered as having been due to him. as regards interest chargeable on royalties no evidence having been given of the terms of the contract, none need be taken into account. the commissioners will prepare a statement showing the calculations.viii. that in lieu of clause (11), it should ..... to be credited against interest. a right of a creditor to appropriate a payment against unliquidated damages and when no interest was in fact running under any contract, express or implied, is a thing unknown to law. the payments were made subject to adjustment in future. in these circumstances, all payments made ..... the decree cannot be upheld. the interest that has been awarded in plaintiffs' favour in this case is not an interest provided for in any contract between the parties, express or implied, but by way of damages only. the payments that were made were not payments made against interest expressly, and ..... was that arrears on an annuity do not carry interest, observed:the cases in which, in later times, the court, in the absence of express contract, has allowed interest have been confined to those where the annuitant has held some legal security which, but for the interference of the court, he ..... to the estate under the law: in other words, that the holder for the time being of an impartible estate with liabilities arising out of contracts, entered into with strangers, by him personally. he has argued that ordinarily such a distinction is not necessary to be made, because ordinarily the .....

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Mar 13 1933 (PC)

Govinda Prosad Shah and anr. Vs. Sreemutty Charusila Dassi

Court : Kolkata

Decided on : Mar-13-1933

Reported in : AIR1933Cal875,147Ind.Cas.1238

..... provision; (b) that the opening words of section 108 are to be read solely as taking away the tenant's right for removal during the lease in cases where the contract or local usage disallows such right, and (c) that the section does not touch the rights of the parties after the term has come to an end. the last proposition ..... by the tenant'. the question may arise whether the tenant forfeits 'all his rights in such things if he has not so 'removed them, and in the absence of any contract' on the point, the question will have to be solved with reference to 'local usage' whatever may be the precise sense in which that expression is used in 's. 108 ..... the parties, or of the defendant, it is evident that great confusion would arise. in section 108, t.p. act, the legislature set out what were in the absence of contract, or local usage, to be the rights and liabilities of lessor and lessee in a number of cardinal matters; and under 'rights and liabilities of the lesse,' clause (h) enacted ..... law, would govern the matter. in 1880 wilson, j., in russick loll v. lokenath (1880) 5 cal 688 had decided the case on the footing that a tenancy created by contract was required by section 17 of 21, george iii, cap. 70(now section 17, government of india act) to be dealt with by the personal law of the parties. he .....

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Jun 05 1933 (PC)

Bhupendra Nath Sinha Vs. Giridharilal Nagar

Court : Kolkata

Decided on : Jun-05-1933

Reported in : AIR1933Cal582,145Ind.Cas.416

..... similar legislation has been enacted in india.12. partners are joint owners or co-owners of the partnership property, that is to say of the common stock: 8. 253(1), contract act. each partner is co-owner of the whole of this common stock, though he receives or pays a share only in profits and losses arising therefrom, and though his ..... is applied to gambling deals exclusively, but for all practical purposes they mean the same thing. whether the transaction amounts to gambling or not depends on the form of the contract and the intention of the parties, and turns largely upon the question whether delivery is intended or not. further it is clear from giridharilal's admissions, that the entry of ..... giridharilal alleges that he discovered a cash entry of rs. 2,751, made by sinha on account of differences in hessians, which had not been entered in the sawda (or contract) book and that he complained to sinha who begged pardon for it. this refers to what are called fatka transactions, that is to say speculations in differences, in the price ..... on the record to enable us to say that these were gambling transactions and void as such. that would depend upon the form of each contract, and the intention of the parties about delivery. prima facie the contracts were valid and enforceable. in sections 403 to 409, i.p.c., which deal with criminal misappropriation and criminal breach of trust, many classes .....

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Aug 23 1933 (PC)

Bibhu Bhusan Dutta and ors. Vs. Anadi Nath Dutt and ors.

Court : Kolkata

Decided on : Aug-23-1933

Reported in : AIR1934Cal87,150Ind.Cas.398

..... very different footing from those of the heirs of a bailee of depositary. in our judgment however the limitation act does not take any notice of the termination of the contract of bailment, and omitting all reference to bailment has used the word depositary with the object of relying upon the act of deposit as the starting point of limitation. loan ..... bailee, including gratuitous loans for use. indeed story in his bailments, ch. 2, treats loans of moveables with permission to use under the head of deposits, the essence of a contract of deposit being the delivery of the thing. maclean, c. j. in the case of administrator-general v. kristokamini dassee (1904) 31 cal 519 observed:it is often not an ..... .-that the transaction was in the nature of a gratuitous bailment, which under the law is terminated by the death of the bailor or of the bailee (vide section 162, contract act). for this reason, as also the reason that the wording of article 145 contemplates a suit against the depositary himself and not against his heirs or assigns, that article ..... . ma saw air 1928 rang 309. as regards the third contention, if the idea of a gratuitous bailment under the contract act is to be imported into the limitation act it cannot be gainsaid that by virtue of section 162, contract act, the bailment must on the death of gobendra have come to an end. but as we read the provisions contained .....

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