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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1934 Page 1 of about 25 results (0.059 seconds)

Dec 20 1934 (PC)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Decided on : Dec-20-1934

Reported in : 163Ind.Cas.331

..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....

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Dec 19 1934 (PC)

Ghisulal-ganeshi Lal Vs. Gumbhirmull-pandya and anr.

Court : Kolkata

Decided on : Dec-19-1934

Reported in : AIR1938Cal377

..... could not be assigned. it is true that sunderlal was not a partner in the real sense, because being a minor, he could not contract (section 11, contract act). but he had a right to benefit in the partnership under section 247. in sanyasi charan mandal v. krishnadhan banarji (1922) 9 air ..... if accounts were necessary to be taken, the infant sunderlal and the insolvents were necessary parties and they must render accounts before they could be entitled to indemnity; (6) that the suit was not competent, because it was a suit by some partners against other partners in the same firm and that the ..... confuses the issues which we have to decide to say that the firm of rekhabchand ghisulal has contracted with the firm of ghisulal ganeshilal, and that the first firm are independent commission agents acting for their principals, the firm ghisulal ganeshilal. what in ..... circumstances of this case, which must be decided according to the principles of english law as contained and codified to some extent in the indian contract act. according to those principles the firm as such has no existence in law, and the law regards only the individual partners. it only ..... obviously cannot be assigned [section 6 (e), transfer of property act]. it is a personal right. in commission agency, before an agent can claim an indemnity, he has a duty to account. if, as was pleaded, an account had been stated between the parties the position would have been different. such .....

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Nov 28 1934 (PC)

Sudhendu Mohan Bagchi Vs. Khitish Chunder Dass Gupta

Court : Kolkata

Decided on : Nov-28-1934

Reported in : 163Ind.Cas.858

..... sum as to interest. the other promissory note for rs. 1,800, it was agreed was the equivalent of a fresh contract for the indebtedness over the hundi which was handed to the bank.3. it is contended on behalf of the plaintiff that these two promissory notes amounts to two fresh ..... which is dated august 20, for another rs. 2,800 in the year 1930; and it is said that the first promissory note for rs. 2,800 was a fresh contract between the plaintiff and the defendant for rs. 1,800 on the original handnote together with the new cash loans of rs. 500, balance being made up of a calculated ..... of security given by the plaintiff to the bank was not in the form with which we are all so familiar, namely an indemnity bond, and it was rather on the lines that it was indemnity bond (and in an indemnity bond there are certain legal vrights accruing both to the principal creditor and the guarantor), that most of the arguments on this .....

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Jul 05 1934 (PC)

Dinonath Vs. Hansraj Gupta and ors.

Court : Kolkata

Decided on : Jul-05-1934

Reported in : AIR1936Cal44,160Ind.Cas.1056

..... the purposes for which it was contributed. there really is in this matter nothing whatever in the shape of a consideration which could form a contract between the parties.17. i respectfully agree with the views expressed by pearson, j. it is to be noted that this decision was given ..... in the subscribers' book for rs. 100, and the question was whether the plaintiff, as one of the persons who made himself liable under the contract to the contractor for the cost of the building, could sue, on behalf of himself and all those in the same interest with him, to ..... the whole of that rs. 40,000 the commissioners, including the plaintiff, were liable to the contractor as well as for the amount of the original contract, because the additions to the buildings were made by the authority of the commissioners and with their sanction. the defendant, on being applied to, put ..... work to see what subscriptions they could obtain. when the subscription list had reached a certain point the commissioners, including the plaintiff, entered into a contract with a contractor for the purpose of building the town hall, and plans of the building were submitted and passed; and as the subscription list ..... which were legally binding upon the testator. such for example, as periodical subscriptions payable to a club or other institution under the terms of a contract of membership, or where work has been undertaken or debt incurred at the promisor's instigation, or upon his promise to indemnify, express or implied .....

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Mar 16 1934 (PC)

Khirod Behari Dutt Vs. Man Gobinda and ors

Court : Kolkata

Decided on : Mar-16-1934

Reported in : AIR1934Cal682,152Ind.Cas.351

..... equity nor good concience require me to force the parties into further and unnecessary litigation. in my opinion, the plaintiff is entitled to enforce the contract in suit. therefore, the appeal is allowed with costs here and below and the judgment of the district judge of bankura modified. there will be ..... the creditor and accepted by him, the arrangement between the creditor and the transferee did not amount to a novation within the meaning of section 62, contract act; that the obligation undertaken by the transferee was for, and intended to be for, the benefit of the creditor; and that the creditor ..... discharge the promisee's duty creates a duty of the promisor, the creditor beneficiary, to perform the promise.28. according to scots law: when parties contract, if there be any article in favour of a third party, at any time, estjus quaesitum tertio, which cannot be recalled by either or both ..... 's agreed commission as trustee, and walford could have compelled its payment over. if walford had had no right to it by virtue of the contract, assuredly the charterer would not; and the subsequent stipulation between walford and the owner would not itself create one. nor would the issues be res ..... for all his engagements in that capacity'. r. h. harper defaulted on certain marine insurance policies, and lloyd's sued samuel harper on the guarantee contract, for the benefit of the holders of such policies. it was argued that lloyd's had suffered no injury, and were entitled only to nominal .....

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Mar 07 1934 (PC)

Ramlal Murlidhar Vs. Haribux Puranmull

Court : Kolkata

Decided on : Mar-07-1934

Reported in : AIR1934Cal796

..... that case. in my view unless i am satisfied that the words of this particular sowdah clearly established the incorporation of the arbitration clause in the contract of punna lal sagoremull into the sowdah, i ought to make any order for stay of the suit under section 19. that being my view, ..... a collateral bargain between the plaintiff firm and punna lal sagoremull, and it cannot be said that an arbitration clause is an ordinary incident of a contract for the sale or purchase of goods.9. in this connexion i should like to quote a passage from the judgment of the lord chancellor in ..... a further point however which requires very careful consideration.6. it has been submitted that the defendant firm cannot rely on the arbitration clause in the contract between the plaintiff firm and punna lal sagoremull as that clause cannot be said to have been incorporated in the sowdah in suit, having regard to ..... september. an entry was made in the plaintiff firm's sowdah book setting out the terms of the contract between the plaintiff firm and the defendant firm which was signed by or on behalf of the defendant firm. the entry contains the following; words:as ..... , for an order that all proceedings in this suit be stayed. it appears that on 28th june 1923 the defendant firm entered into a sowdah or contract with the plaintiff firm for the purchase of thirty bales of saris 10 yards 44 inches of hati border of two colours, shipments july, august and .....

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Jun 05 1934 (PC)

Corporation of Calcutta Vs. Kumar Arun Chandra Singh and ors.

Court : Kolkata

Decided on : Jun-05-1934

Reported in : AIR1934Cal862,153Ind.Cas.972

..... due.' it is true that the logical result of this construction of section 67-a is that section 67 also, which contains the same words 'in the absence of a contract to the contrary,' does not apply to securities created by operation of law, and thus the owners of such cannot avail themselves of the benefit of the provisions therein contained ..... 100 applies be the other provisions of the act to charges only 'so far as may be' yet the power, of contracting out is clearly an essential part of the section and could not be given effect to in a statutory charge, unless the particular statute so provided which is not so ..... securities which are created by act of parties. thus it applies to 'mortgages executed by the same mortgagor,' and provides that certain obligations shall arise 'in the absence of a contract to the contrary.' both terms are inappropriate to a statutory charge. and even if it were arguable that the first refers only to mortgages, and may be ignored because section ..... right to obtain the same kind of decree under section 67 and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all mortgages in respect of which the mortgage money has become due.3. section 100, transfer of properly act, provides:where immovable .....

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Jul 20 1934 (PC)

Kumar Raj Krishna Prosad Lal Singh Deo Vs. Barabani Coal Concern Ltd. ...

Court : Kolkata

Decided on : Jul-20-1934

Reported in : AIR1935Cal368

..... binding no question of the estoppel of the tenancy ceasing by reason of eviction by title paramount really arises. it is said that by the kabuliyat of 1918 the company contracted themselves out of their rights to cease to pay rent on eviction by title paramount. title or no title the company made themselves liable to pay at the reduced rate ..... to say that the man whose title he admits, and under whose title he took possession, has not a title. that is a well established doctrine. that is estoppel by contract. in the recent case of bilas v. desraj 1915 pc 98 at 207 (of 42 i.a.) their lordships of the judicial committee observed that:section 116, evidence act, is ..... which is based on a very different principle. section 116 deals with instances of estoppel by agreement based on permissive enjoyment. the estoppel of a tenant is founded upon a contract between him and his landlord. as has been pointed out in re stringer's estate v. jones ford, 6 ch d 9 the tenant took possession under the ..... contract to pay the rent as long as he held possession under the landlord, and to give it up at the e d of the term to the landlord, and having .....

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Mar 19 1934 (PC)

imperial Chemical Industries (India) Ltd., in Re.

Court : Kolkata

Decided on : Mar-19-1934

Reported in : [1935]3ITR21(Cal)

..... and he claimed that the pound 3,00,000 ought to be treated as an expenditure on capital account as being an expenditure which brought to an end an onerous contract and secured to the company a freedom from charges which would otherwise have continued for some years. the commissioners of income tax accepted the latter argument and held that the ..... question of fact. i do not question what they say about the facts, or claim a jurisdiction to question that it was enduring benefit by getting rid of an onerous contract. all that i say is that does not go far enough. when i look at the facts, so far, all i see is one thing, that is getting rid of .....

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Apr 16 1934 (PC)

Sourish Chandra Roy Bahadur Vs. Saroj Ranjan Singha and ors.

Court : Kolkata

Decided on : Apr-16-1934

Reported in : AIR1934Cal571,150Ind.Cas.1019

..... nirod chandra v. hari har chakravarty air 1920 cal 594, sir ashutosh mookerjee, acting chief justice, fletcher, j., concurring observed that the use of the expression 'putni taluk' in the contract of tenancy does not necessarily create a putni taluk, in other words a taluk subject to the summary procedure for realization of rent provided by the putni regulation. in that .....

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