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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1936 Page 1 of about 33 results (0.069 seconds)

Mar 30 1936 (PC)

Khitendra Nath Roy Chowdhary Vs. Madaneswar Chatterjee

Court : Kolkata

Decided on : Mar-30-1936

Reported in : AIR1937Cal297

..... that case. in point of fact the learned chief justice based his decision upon the ground that the plaintiff was in substance seeking to enforce a wagering contract. in this case it seems to me that legally the ticket is of no importance. mr. chatterjee, in the beginning, was disposed to argue ..... 'through' members, i assume that the sweepstake is confined to members of the turf club, i. e., that the only parties to the contract, valid or otherwise, are the members who apply for the tickets. in practice the circle is very much wider, because these members take tickets 'for' outsiders. ..... the turf club or its members, and b, mr. 'wright.9. for the purpose of deciding this case it is not necessary to determine whether privity of contract was established between a, a. a, and c or d, through b. but in point of fact, from the circumstance that tickets have to be taken ..... cal 445 an indian decision of this class, (3) contract of agency between b and c, b having made the contract of wager with a in the capacity of agent for c with the implied contract which follows from such a relationship, for instance, right to indemnity and liability to make over proceeds. notwithstanding the act of ..... 1845, it was held as regards the 3rd class not only that b as agent is entitled to his indemnity, but that he is also bound .....

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Apr 23 1936 (PC)

Zubaida Sultan Begum Vs. Dawood Ismail Makra and ors.

Court : Kolkata

Decided on : Apr-23-1936

Reported in : AIR1937Cal407,175Ind.Cas.895

..... -a which from the practical point of view, excluded the possibility or any enquiry such as is necessary to decide whether a trustee has or has not a right of indemnity. this caused my original misgivings in the matter. it seems to be more than doubtful whether a mere statement by the lender in any affidavit on application under ch. 13 ..... as to theory and practice are to be found in the portion of the judgment which is set out in the foot-note below. (3) with regard to wakfs and contracts with mutawalis, i am relieved from considering the position because this court on the appellate side has recently dealt fully with the point in sailendra nath palit v. hade kaza ..... to shebaits in mackintosh burn v. shivakali kumar mackintosh burn ltd. v. shivakali kumar : air1933cal668 , i was careful to avoid any expression of opinion as to the rights of persons contracting with shebaits: see mackintosh burn ltd. v. shivakali kumar : air1933cal668 . i was, however, compelled to deal with this question in shastri v. the trustees of the tirupati tirumali devasthanam reported ..... : air1932cal356 . it was in that case contended by counsel for the plaintiff that persons contracting with mutawalis are entitled to rights as extensive as persons contracting with shebaits. this contention was rejected, and it was held that the mutawali in contracting has, so far as creating liabilities on the wakf property is concerned, powers no more extensive than those .....

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May 06 1936 (PC)

Hrishikesh Ray and ors. Vs. Upendra Nath Mandal and ors.

Court : Kolkata

Decided on : May-06-1936

Reported in : AIR1936Cal432,166Ind.Cas.757

..... stated that the rent of rs. 41 would never be increased or diminished. the present suit was instituted in 1932.3. if the matter would be treated as one of contract between free parties then the defendants' claim would be correct that the rent of the tenure is fixed for ever. it is however proved that the property belongs not to ..... argument that in 1855 rs. 22 was the best rent which the shebaits of the idol could obtain, the question still is whether there was any necessity for them to contract that the rent of rs. 22 would be fixed for ever, that their successors would be precluded in future time to enhance the rent though such enhancement would be fair .....

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Sep 25 1936 (PC)

Brindaban Chandra Dutt and Co. Vs. Bissesswarlal

Court : Kolkata

Decided on : Sep-25-1936

Reported in : AIR1938Cal10

..... bissesswarlal, on his own behalf and as karta of a joint family against the applicant. in the said suit, bissesswarlal claims damages for breach of contract. the contract is contained in indent no. 0460 dated 20th february 1936 by which the opposite party agreed to buy from the applicant waterproof rain coat cloth described ..... delivery of the goods described in item 3, but the opposite party refused to accept delivery on the pretext that they were not of the quality contracted for. the rest of the articles were not tendered to the opposite party. the plaint proceeds on the footing that the articles which were tendered ..... for delivery by the applicant was not of the contract quality and that the defendant failed to deliver the rest. there is a provision in the said indent for arbitration. it runs thus:clause 6 ..... the decision of the arbitration as final.2. although there is nothing specific in the said indent, it is clear from the correspondence that the goods contracted for are of japanese make. on the receipt of the invoice (no. 3395 dated 22nd april 1936) in respect of three cases, the applicant ..... invoice had not arrived then. the plaintiff refused to accept the same, taking up the position that the said invoice did not relate to the goods contracted for by him. an invoice relating to five other cases was also presented, but the same objection was taken. after the arrival of the goods .....

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Mar 17 1936 (PC)

Debendra NaraIn Roy Vs. Jogendra NaraIn Deb and ors.

Court : Kolkata

Decided on : Mar-17-1936

Reported in : AIR1936Cal593,167Ind.Cas.615

..... even at some sacrifice of general principles. but then it does so on express terms; and generally, i believe invariably, couples the retrospective enactment with the best indemnity in favour of vested rights which the nature of the case admits.71. in re joseph suche co. ltd. (1875) 1 ch d48, jessel, m. ..... , l.c. said in herron v. the rathmines and rathgar improvement commissioners (1892) a c 498 that the particular provisions may be regarded as words of contract to which the legislature has given its sanction rather than the words of the legislature itself. in groat northern piccadily and brompton ry. co. v. attorney-general ..... p. 705, lord kenyon observed that:private acts are not to be construed in precisely the same way as public acts, but rather like a conveyance or contract according to the intention of the parties.and lord wensleydale said in rowbotham v. wilson (1860) 8 h l c 348, 'as an agreement.' so ..... wigram, v.c. pointed out in the case aforesaid:in private acts in general the legislature does nothing more than enable persons to enter into a contract who could not otherwise enter into it; and the persons who are parties to the act are expressly named in it [quoting from the judgment of ..... procedure in which the legislature is called upon to enact a law embodying a conclusion arrived at by it judicially or upon the basis of a contract as between the rival parties for whose benefit the law is intended. the substance of the enactment may be of a local and personal nature regarded .....

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May 06 1936 (PC)

Mati Lal Daga and ors. Vs. (Sri Sri) Iswar Radha Damodar Chandra Jew T ...

Court : Kolkata

Decided on : May-06-1936

Reported in : AIR1936Cal727

..... are not recoverable from the appellants (dagas) for breach of covenants regarding the keeping of pillars on the ground that there is no privity of contract between them and the plaintiff must for the reasons aforesaid fail.30. the second ground taken on behalf of the appellants is that the plaintiff ..... , the acquirer shall not to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable to the giver or seller.25. a principle, not without analogy ..... to prescribe that at least as a general rule where a man by gift or purchase, acquires property from another, with knowledge of a previous contract, lawfully and for valuable consideration made by him with a third person to use and employ the property for a particular purpose in a specified manner ..... a further and vital consideration, namely that it analyses the true situation of a purchaser who having bought upon the terms of the restriction upon free contract existing, thereafter when vested in the lands attempts to divest himself of the condition under which he had bought: 'it is said that the ..... dagas should bo held liable for damages for two different periods on two different basis, i.e., they would be liable after notice for breach of contract for the sale of the coal and before notice for actual breaches only.7. on this basis the first subordinate judge passed the preliminary judgment on .....

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Mar 04 1936 (PC)

Adhar Chandra Mondal Vs. Dolgobinda Das and ors.

Court : Kolkata

Decided on : Mar-04-1936

Reported in : AIR1936Cal663

..... . krishnaji in turn, it is conceded, might reimburse himself from bisto according to the tenor of the deed of 1902 and the understanding and resultant contract of the parties.then it becomes merely a question of fact whether bisto in turn could compel the defendant swamirao to reimburse him, and that is ..... to whom it was made. here we have a definition of consideration which is wider than the requirement of the english law: [section 2 (d), contract act]. and it has been laid down by sir barnes peacock in a full bench decision of this court in relation to courts in mofussil, rambuz chittangeo ..... rule deducible from the authority above cited is that it is a general principle both at common law and at equity, that a stranger to the contract cannot sue on it although the stranger takes a benefit under it. there are however several apparent exceptions from this principle. at one time it was ..... liability. if it were otherwise then one would have expected that the english courts should have recognised the right of a stranger to sue upon a contract made for his benefit now those forms of action have been abolished by the judicature acts. english courts have refused to sanction the actions, generally, ..... is to enure to the benefit of the broker, may very conveniently be inserted. in these cases the broker, on ultimate analysis, appoints the charterer to contract on his behalf. i agree therefore with the conclusion arrived at by all the learned judges in robertson v. wait (10) that in such cases .....

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Aug 20 1936 (PC)

Ramsaroop Mamohand Vs. Chajuram and Sons.

Court : Kolkata

Decided on : Aug-20-1936

Reported in : 169Ind.Cas.827

..... sold by the defendants' order and on their account a certain quantity of jute fabric to a specified buyer. i take as a specimen of such contracts, contract no. 26527 of december 4, 1934, showing a sale made by the plaintiffs on the defendants' account to messrs. andrew yule and co., ltd ..... section which has always been recognised as differentiating indian law from english law, if might reasonably be argued that by going on with the contracts the plaintiffs had accepted a satisfaction other than the performance of the promise. in other words, it might be argued that, although the ..... conditions was fulfilled in the circumstances of the present case.12. it therefore follows that the defendants were never in a position to repudiate the contracts although they knew before performance that the plaintiffs were in fact the buyers. in such circumstances the statement in the plaintiffs' written statement that ..... knew that the plaintiff firm were in fact the principal?, and the plaintiff firm submit that as the defendant elected to perform the said contracts with such knowledge as aforesaid, they cannot, after performance, refuse to pay the plaintiff firm the brokerage stipulated.for all purposes as far as ..... the case was heard, it became necessary to amplify the pleadings by written statements filed by the respective parties. the position is that the contracts fall into various groups. they are all in the form prescribed by the indian jute mills association. with regard to the first group, the .....

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Apr 09 1936 (PC)

Ram Gopal LuchminaraIn Vs. Baijnath Prasad and ors.

Court : Kolkata

Decided on : Apr-09-1936

Reported in : AIR1937Cal396

..... ) was the originally joint family business of the defendants being carried on by them as a partnership business at the time when the loans were made? (2) were the loans contracted in the ordinary course of business and for the benefit of the business so carried on? (3) did the defendants hold out the managers of the branch of the business ..... and allotted to each of the five groups in agreed rotation, which indicates that the members of each group intended to remain joint inter se. the debts in suit were contracted in 1934 in the firm name of kishorilal mukundilal, and it is contended by the members of all the groups, except group 3, that at that date no member of .....

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Feb 10 1936 (PC)

Saila Bala Roy and on Her Death Malti Rose Vs. Chairman, Darjeeling Mu ...

Court : Kolkata

Decided on : Feb-10-1936

Reported in : AIR1936Cal265

..... v. sm. kumud kamini 1932 cal 14, a case which did not deal with minimum charges. as there was no such contract either with dr. roy or his legal representative the municipality cannot sue for minimum charges. the rule is accordingly made absolute. the judgment and decree of ..... issue of the aforesaid notification has only amended the license of the municipality and has simply given it the power or authority to enter into such contracts with consumers for levying minimum charges. the view i am taking is not in my judgment inconsistent with the decision in burdwan electric supply co. ..... for supply of electric energy only when the applicant or group of applicants enter into a written contract with the licensee. the only power which is reserved to the licensee by the act in the matter of rates, a power which may be ..... 21 to 23. subject to othless restrictions, the legislature in my opinion intended the rights between a licensee and a consumer to be regulated by contract. clauses 6 and 5 respectively of the schedule cast the obligation on the licensee to supply electric energy to an applicant or a group of applicants ..... the minimum charges in that municipality, but no such agreement was taken either from dr. roy or after his death from his legal representatives. accordingly no contract to pay minimum charges has been pleaded by the municipality in its plaint. in the year 1930-31 the actual consumption of 'roy oct' was rs .....

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