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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1937 Page 1 of about 46 results (0.014 seconds)

Aug 02 1937 (PC)

Kishori Prosad Bhakat and ors. Vs. Secretary of State

Court : Kolkata

Decided on : Aug-02-1937

Reported in : AIR1938Cal151

..... court of appeal below in respect of defendant 2 appears to be right.3. the next point taken by the learned advocate is that the contract of indemnity made in this case was against public policy having a tendency to induce the telegraph authorities to give the advantage of a public utility service ..... constitutional rights with corresponding constitutional duties imposed on the state. for the discharge of those duties, the state cannot bargain with the subject through contract. a contract between the subject and the state by which the state is to get money from the subject for the discharge of any of its constitutional ..... extend their custom to the office make their promises that the office will pay, the authorities ask them to make good their word by executing an indemnity bond, that is to say in the event of losses those men will be asked to make good the loss. on a plain view of ..... be also protected from criminal attacks. the state is under the constitutional obligation to afford protection to the person and property of its subjects. any contract therefore by which the subject has to pay the state for the state affording him such protection is against public policy. the subject is not ..... by the plaintiff from the action of defendant 2 cannot be ascertained until action has been taken by the plaintiff against the other five persons who contracted with the plaintiff. in nay opinion that argument is not correct. the defendant, along with five other persons, signed a bond demanded by the .....

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Jul 28 1937 (PC)

Hemanta Kumar Das Vs. Alliantz Und Stuttgarter Life Insurance Co. Ltd.

Court : Kolkata

Decided on : Jul-28-1937

Reported in : AIR1938Cal120

..... declaration and the statements, answers and representations therein contained and in the report of the company's medical examiner should be the basis of the contract, and that if any untrue averment should be contained therein, the contract would be void.2. the defendants resist the claim on the grounds that the proposal contained a number of untrue statements and that it .....

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Aug 19 1937 (PC)

Sk. Mahammed Hushen Vs. Jamini Nath Bhattacharji

Court : Kolkata

Decided on : Aug-19-1937

Reported in : AIR1938Cal97

..... defendants where oral agreements were not actually followed by deeds but also admitted in evidence, documents evidencing completed transactions, which were not admissible for want of registration, to prove the contract of transfer, provided the transferee had taken possession in pursuance thereof. the doctrine was applied along with that in (1882) 21 ch d 916 in many cases, e.g. ..... much wider application. it owed its origin in england to the decisions of equity courts, who devised this equitable remedy to afford relief in cases where certain kinds of contracts which came under section 4 of the statute of frauds could not be proved and specifically enforced for want of any evidence in writing which the statute required. the statute ..... that section 53-a is retrospective. in india registration is necessary to complete certain classes of transfer of immovable property. where the matter advanced beyond the stage of a contract to transfer and the transferee was put into possession of the property without a registered instrument of transfer (in cases where such registered instrument is necessary for effecting the transfer ..... for determination in this appeal is whether the defendant is protected from eviction by virtue of section 53-a, transfer of property act. this section provides:where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable .....

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Nov 29 1937 (PC)

Pacific Minerals Ltd. Vs. Singhbhum Mining Syndicate

Court : Kolkata

Decided on : Nov-29-1937

Reported in : AIR1938Cal343

..... patel and the plaintiffs. moreover, if his evidence were correct, the plaintiffs would have had no difficulty in buying in the open market at the contract rate. there is nothing in the evidence to show that they avoided buying ore at the lower percentage, or to show that it was possible ..... am satisfied that he was a truthful witness. in his evidence he pointed out the difficulties which faced the plaintiff's upon repudiation of the contract, one of them being that there seems to have been no real open market to which the plaintiffs could go when the defendants repudiated their ..... he had promised an early reply. it is clear, therefore, that he intended that the plaintiffs should, in their reply, enter into a firm contract, and the correspondence shows that neither the plaintiffs nor the defendants were in a position, with regard to third parties, which would allow them to leave ..... of manganese, and thereby induced the plaintiff company to believe that the acts of bennett in dealing with the plaintiff company and in entering into the contract with them were within the scope of his authority.10. with regard to the first point, mr. banerjee on behalf of the defendants, has ..... should be entirely on their account. they concluded you may therefore now consider our transaction as finally closed'. on 1st june they sent him a contract note which contained some usual customary terms which had not been specifically mentioned in the correspondence between the parties, such as an arbitration clause, a .....

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Jul 06 1937 (PC)

Baij Nath Prasad and ors. Vs. Ram Gopal Lachhmi Narayan and ors.

Court : Kolkata

Decided on : Jul-06-1937

Reported in : AIR1939Cal92

..... . such an agreement satisfies the definition of partnership required by section 4, partnership act, and it would equally satisfy the definition contained in section 239, contract act, which provided the definition of partnership prior to the passing of the partnership act in 1932.23. mr. s.c. bose for the appellant ..... on a business or profession, and maintains itself by means of it the member who manages it for the family has an implied authority to contract debts for its purposes, and the creditor is not bound to inquire into the purpose of the debt in order to bind the whole family thereby ..... trade being one of its kulacharas (duty or practice); it attracts to itself all the necessary incidents of trade.the rule of hindu law that debts contracted by a managing member of a joint family are binding on the other members only when they are for a family purpose, is subject to only ..... a trading business created through the operation of hindu law between the members of an undivided hindu family, cannot be determined by exclusive reference to the contract act (9 of 1872). it must be considered, also with regard to the general rules of hindu law which regulate transactions of united families. melvill ..... :separation having teen effected in 1876, and the business being carried on by the three brothers, the business became an ordinary partnership, subject to the contract act.13. that is clearly a slip on the part of the noble and learned lord, because at the time when he was expressing that opinion .....

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Jul 09 1937 (PC)

Ananta Ram Banerjee Vs. Secretary of State

Court : Kolkata

Decided on : Jul-09-1937

Reported in : AIR1937Cal680

..... claimant was precluded from adducing any evidence in support of his claim and the reference was accordingly dismissed.19. in the case before us the contract between the appellant and the board, which according to lord buckmaster's judgment in fort press co. ltd. v. municipal corporation, bombay air ..... in our judgment not a correct one. mr. mullick further contends that the learned president and the assessors have in effect enforced the contract between the parties which they as a court of limited and special jurisdiction had no power to do. to support this proposition reference has ..... act) gives an overriding power, vested in the government, to settle the compensation by the procedure under the act' and (2) no binding contract could be made by the parties after the proceedings under the act had been instituted'.14. both these contentions were overruled by lord buckmaster. the ..... the land by private treaty. these negotiations continued till 1917 and while they were still pending with no bright prospect of terminating in a contract, proceedings for compulsory acquisition under the land acquisition act were started. the local government issued the notification for acquisition under the land acquisition act ..... acceptance of the appellant's offer as contained in his petition ex. a, subject to the modification indicated above. there was therefore a contract between the appellant and the board by which the appellant was bound to accept rs. 1,225 per cotta plus statutory allowance of 15 .....

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Apr 06 1937 (PC)

Kedar Nath Saha and ors. Vs. Sir Hari Sankar Paul and anr.

Court : Kolkata

Decided on : Apr-06-1937

Reported in : AIR1938Cal308

..... mortgagees-appellant has in effect admitted, contains all the terms of the bargain. they have put themselves into the position of having entered into a contract between themselves and the defendants in writing and the writing was of such a character as calls for registration and so falls within the purview of ..... registered. but that is not the law. where there is a writing which ought to have been registered that alone must be taken as being the contract between the parties and so is unenforceable in default of registration. the real question that has to be decided in this appeal and the one the ..... with the facts of the case before him, be continued thus:if this memorandum was of such a nature that it could be treated as the contract for the mortgage and what the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which ..... 412 where the learned chief justice said:the rule with regard to writings is that oral proof cannot be substituted for the written evidence of any contract which the parties have put into writing. and the reason is that the writing is tacitly considered by the parties themselves as the only repository, and ..... in or to immovable property and therefore necessitated registration. the paragraph later on runs thus:by public auction or by private contract and either with or without special conditions or stipulations relative to title or otherwise with power to buy in at sale by auction and to rescind .....

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Feb 18 1937 (PC)

Bengal Nagpur Railway Company, Ltd. Vs. Haji Latif Abdulla

Court : Kolkata

Decided on : Feb-18-1937

Reported in : AIR1937Cal410,173Ind.Cas.797

..... : air1930cal815 is wrongful commission and omission, intentional and unintentional, and includes negligence or want of proper care which a bailee is to take under section 152, contract act. no special definition however should be required as there is no reason to suppose that the word is not used in its ordinary sense. misconduct is ..... in fact despatched by the route by which both parties to the contract intended they should be despatched, so that there was no misconduct of this sort, and the goods were covered by the risk-notes.4. the ..... have been the charge by the longer route. the despatch of a consignment by a different route from the contracted route amounts no doubt to misconduct so as to deprive the company of any protection under the risk-notes, but in this case the goods were ..... the goods were to be sent by the cheaper route and the longer route entries in the consignment note and receipt were obviously just a mistake. the contract was in fact (as understood by the parties) to send them by the cheaper route, for the amount charged was nearly half that which would ..... the defendant's liability as bailees. the plaintiff company claim that the risk-notes did not apply inasmuch as the goods were not sent by the route contracted for as laid down in the consignment note and receipt. the consignment note and also the receipt (which is a carbon copy of the forwarding note .....

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Dec 21 1937 (PC)

Joseph Mayr Vs. Phani Bhusan Ghose

Court : Kolkata

Decided on : Dec-21-1937

Reported in : AIR1939Cal210

..... that he is entitled to take advantage of implied warranty, and i myself feel that it is desirable, so far as possible, that people should put their contracts in writing and not depend upon implied warranties: see the observations of lord eussel in monforts v. marsden (1895) 12 r.p.c. 266. but ..... for use in connexion with the carbon-paper making plant of the plaintiff at cossipore. consequently, in my view, the defendant was guilty of breach of contract. the learned judge has found that the plaintiff was entitled to reject the boiler. i have looked at the circumstances and have come to a different conclusion ..... fit for a particular purpose.11. that particular question was left open, and it is not easy to answer it in the present case. the contract now under discussion was made in india between parties carrying on business in india for the purchase and delivery in india of a boiler to be used ..... amended plaint, had been made, i am of the opinion that it would have been put into the order-form, which formed the document of contract between the parties. i am unable therefore to infer from the evidence that there was an express undertaking by the defendant that the boiler should conform to ..... of the boiler and also a diagram indicating the internal construction of it. that document in german was translated and sent to the plaintiff before the contract was made. i need only refer to two portions of that pamphlet. the translation of the first portion reads as follows:the execution of our boiler .....

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Apr 15 1937 (PC)

Harendra Kumar Ghosh and anr. Vs. Gurupada Bhowmick and anr.

Court : Kolkata

Decided on : Apr-15-1937

Reported in : AIR1937Cal452

..... by which the creditor makes a composition with, or promises to give time to, or not to sue the principal debtor, discharges the surety unless the surety assents to such contract.'9. these provisions of law are of no assistance to the appellants as we are of opinion that the terms of compromise are not at variance with the terms of ..... he can be bound, for the final obligation of the principal debtor will be something different from the obligation which the surety guaranteed. presumably he is discharged forthwith on the contract being altered without his consent, for the parties have made it impossible for the guaranteed performance to take place.6. at p. 35 of the report, however, we find the ..... following observation:it is, perhaps, desirable to add that the application of this principle must always depend upon a correct analysis of the contract in fact made. guarantees frequently relate to obligations without special reference to any specific contract between the creditor and the principal debtor. in such a case the doctrine referred to would have a very limited operation.7. the ..... words used in the bond are 'if any decree is passed'. the word 'any' is wide enough to include an instalment decree. by section 133, contract act, any variance made without the surety's consent in the terms of the contract between the principal and the creditor, discharges the surety as to transactions subsequent to the variance.8. by section 135,a .....

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