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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1938 Page 1 of about 29 results (0.030 seconds)

Jan 31 1938 (PC)

Kumar Narendra Nath Mitter Vs. Sm. Bimala Sundari Debi and ors.

Court : Kolkata

Decided on : Jan-31-1938

Reported in : AIR1938Cal573

..... pattah, or kabuliat in respect of any property which we have or which we may secure hereafter jointly or severally and to sign or execute any bond. indemnity bond, jamini kabuliat, suretyship bond, mortgage or any other documents purporting to create any charge, lien or incumbrahces upon our property or upon our claim over ..... substance in the submission which is not supported by any authority, that it was beyond the scope of the agent's power to enter into the contract of suretyship jointly with other guarantors. i can see no reason for holding that clause 4 does not give the agent power to impose personal liability on ..... bank of bengal v. fagan (1849) 7 moo pc 61 that the principal could not repudiate the contract on the ground that the agent in making it acted in his own interests and not in those of the principal.5. neither reckith v. barnett ..... nor is there any evidence pointing to dishonesty. it is to be noticed that in hambro v. burnand (1904) 2 kb 10, where the agent contracted on behalf of his principal to guarantee a debt due to the plaintiff from a company of which the agent was a director, it was held following ..... a valid execution enters into obligation under the instrument.4. the second point raised is that bangsadhar chakravarty as agent had no authority to enter into the contract whereby his principal became surety for himself. it is said that this follows from reckith v. barnett pembroke and slater ltd. (1929) ac 176 in .....

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Mar 18 1938 (PC)

Allianz Und Stuttgarter Life Insurance Bank Ltd. Vs. Hemanta Kumar Das

Court : Kolkata

Decided on : Mar-18-1938

Reported in : AIR1938Cal641

..... to these letters straightway, because mr. bar-well has sought to argue that in spite of what appears on the face of the policy itself, to the effect that the contract consisted of the policy and the proposal, one must take into account this correspondence for the purpose of deciding whether or not the question of the age of the deceased ..... policy would be avoided. in this particular case, the defendants relied upon a further fact, namely the stipulation which they say was either imported into the contract or formed part of the basis of the contract, because it was contained in the letter of 9th february 1934, the first of the two letters of that date, the letter which set forth the .....

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Jun 15 1938 (PC)

Sun Life Assurance Co. Ltd. Vs. Nilratan Mookherjee and anr.

Court : Kolkata

Decided on : Jun-15-1938

Reported in : AIR1938Cal693

..... policy; but he is of opinion that the prospectus can be looked at to interpret the 'technical' term 'paid-up policy' as used in the contract. assuming that ''paid-up policy' can properly be described as a technical term, the definition or explanation of it is in the words 'a paid ..... the rates of interest specified in the prospectus. eve j. held that arrangements for loans were not directly connected with, and germane to, the main contract, and therefore not of a character strictly collateral thereto. this cannot be suggested here, because the right to a paid-up policy of some sort ..... a case, as lord lindley said, the prospectuses, not being referred to in the policies, cannot legitimately be referred to in order to construe the contracts into which the policy-holders have been induced to enter. for that reason, this appeal, in my opinion, must be allowed and the declaration made ..... the mode of applying their profits without the consent of the policy-holders. my lords, if these gentlemen were seeking to rescind or rectify their contracts on the ground of fraud or mistake, or were suing for damages occasioned by fraudulent misrepresentation, it would be legitimate to refer to the statements ..... benefits that persons insured with them may obtain. the prospectuses may be an inducement to all who read them to enter into contracts of insurance with the china mutual. the contracts of insurance are contained in the policies issued. in the case of policies nos. 70944 and 73930, it is recited that .....

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Feb 03 1938 (PC)

In Re: CertaIn Trusts Created by the Will of George Bridge; in Re: Off ...

Court : Kolkata

Decided on : Feb-03-1938

Reported in : AIR1938Cal486

..... in the case of married women's earnings and by section 8, as i think, for the first time gave legal effect to married women's contracts. in my opinion section 8 was intended merely to recognize and give effect to the principle of equity already stated. i consider its terms and effect ..... : (lush p. 205). in england prior to the act of 1870 (m. w. p. act. 1870, c. 93), married women had neither power to contract nor separate estate except in equity. this act created a limited. separate estate at law. by section 12, it continued the liability for ante-nuptial debts after marriage. ..... rights at law material to the present discussion. their rights to property were limited to those created by separate use in equity. they had no power to contract in the ordinary sense, though in some cases and under limited conditions they had power to render available their separate property for the discharge of obligations. ( ..... entitled to sue her and to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the date of the decreethe property was or was not protected by the restraint. the view taken by the judge of the ..... be decided under act 3 of 1874 before the amendment, the subordinate court held that the initial requirements of section 8 were fulfilled, i.e.the contract was made with reference to mrs. stewarts property and on the faith that her obligation would be satisfied thereout.4. the point of law referred to .....

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Nov 16 1938 (PC)

John Minas Apcar Vs. Louis Caird Malchus

Court : Kolkata

Decided on : Nov-16-1938

Reported in : AIR1939Cal473

..... not agree with the observation of the learned judges to the effect that they find themselves in disagreement with the commentary on this section of the learned authors of the contract and specific relief acts, sir frederick pollock and sir dinshah mulla. i agree with the learned commentators that the exception in section 19 is wider than the corresponding english ..... 'silence'. for these reasons i agree with the head-note of the case in niaz ahmad khan v. parshotam charnad : air1931all154 to the effect that the exception to section 19, contract act, applies to cases of misrepresentation as distinguished from fraud and should not be interpreted as being meant to apply to misrepresentation which is 'fraudulent within the meaning of section ..... he would have been if the representations made had been true.exception. - if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17 the contract nevertheless, is not voidable if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.explanation. - a fraud or misrepresentation which did not ..... party whose consent was so caused.7. then there follows an exception:if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract nevertheless is not voidable if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.8. it has been argued before us that .....

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Feb 04 1938 (PC)

Robindra Nath Mitra Vs. Emperor

Court : Kolkata

Decided on : Feb-04-1938

Reported in : AIR1938Cal440

..... is that the transactions referred to were not disclosed at a meeting of the directors. it follows, therefore, that these transactions were treated throughout as contracts or arrangements within the meaning of the section. that fact does not appear to have been disputed at the time of the trial and it is obvious ..... to clause (3) of the section to suggest that such contracts as these were never intended as they were too petty to be entered in the register. but,) such transactions are obviously covered by the proviso which ..... arrived at by the learned magistrate, it cannot be said that he was unaware of these transactions.6. then it is argued that these are not contracts or arrangements within the meaning of section 91-a. there can be no doubt that these transactions or purchases were con-tracts. a reference is made ..... from jogendra publishing house, a firm in which the accused had an interest and which he did not disclose at the time he entered into the contract or at the next subsequent meeting. secondly, that on or about 23rd july 1936 as managing director he purchased books worth rs. 55 from jogendra ..... his interest then exists, or in any other case at the first meeting of' the directors after the acquisition of his interest or the making of the contract or arrangement.2. there is no such limitation in the section itself; but in connexion with the disclosing of the director's interest, the clause ' .....

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Mar 29 1938 (PC)

Pravat Chandra Syam Vs. Bengal Central Bank Ltd.

Court : Kolkata

Decided on : Mar-29-1938

Reported in : AIR1938Cal589

..... opening, which we have already noticed. this point cannot accordingly be allowed to be urged. regarding the remaining contention, dr. basak refers to section 74, contract act and says that the forfeiture cannot be insisted on by the plaintiff and all he should get is compensation in the shape of money. we cannot ..... opinion that in this view of the matter, the dates of. payment of instalments due under the agreement for sale were of the essence of the contract and the breach committed on the part of the lessee was not capable of remedy, because the landlord could not be put into the same position ..... under the agreement for sale on 15th january 1936, was one capable of remedy. if the date, 15th january 1936, was of the essence of the contract, the breach incurred by the non-payment of money was an irremediable one. para. (4) of the lease does not by itself furnish any criterion for ..... in assam. we accordingly do not see our way to accept dr. basak's contention that the forfeiture could be availed of in spite of the contract to the contrary contained in a written lease, only at the end of the agricultural year. this being the position, no particular form of notice ..... and the suit filed, regulating the relations of agricultural tenants, was act 8 of 1869 which leaves landlords and agricultural tenants free to regulate their rights by contract. there is nothing in that act which would render invalid a forfeiture clause in an agricultural lease. the clause in the present lease is therefore valid. .....

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Aug 01 1938 (PC)

Midnapore Zamindary Co. Ltd. Vs. Secretary of State

Court : Kolkata

Decided on : Aug-01-1938

Reported in : AIR1938Cal804

..... act 7 of 1880 would have been attracted proprio vigore and there would have been no necessity for a contract. on the principle that parties are free by contract to regulate the procedure, the said clause can be interpreted to mean that the government contracted for a cheap and expeditious procedure for the realization of its demands.it can be said at most .....

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Jul 29 1938 (PC)

Midnapore Zamindary Co. Ltd. Vs. Chandra Singha Dudhuria and ors.

Court : Kolkata

Decided on : Jul-29-1938

Reported in : AIR1939Cal1

..... are binding on the plaintiffs and that they are precluded by this contract from claiming any additional rent for these alluvial lands from the defendants in these two suits. the result therefore is that these appeals are allowed. ..... is not known why they should not have the profits now. there is no reason why the zamindars should not perform their part of the contract now and refrain from claiming any additional rent for these accretions to the defendants' putni. i therefore hold that the stipulations contained in this patta ..... the land and the successors-in-title of the covenantees and covenantors are bound by it. the putnidars have all along performed their part of the contract. in spite of the diluvion of a large quantity of land from their patni, they did not claim abatement of rent. they suffered loss. there ..... contractual rights acquired before the act.11. section 104(2) read with section 192 does not empower the revenue officer to disregard the terms of contract entered into before the act. the revenue officer therefore in settling rents under section 104-a to section 104-f has no power to touch ..... tenures the rent of which is liable to enhancement. but that section lays down that the rent of such tenures is to be enhanced to any contract between the parties. section 8 simply deals with the power to order gradual enhancement. section 9 lays down the period for which rent cannot be .....

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Jan 20 1938 (PC)

H. Ezekiel Vs. Carew and Co. Ltd.

Court : Kolkata

Decided on : Jan-20-1938

Reported in : AIR1938Cal423

..... the registered share-holder, and then in the event of his renouncing to his nominee or nominees. if there is renunciation by the former, acceptance by the latter concludes a contract. the second question is concerned with the purported reservation by the directors of the right to reject a nominee. unquestionably the resolution gave them no authority to qualify the offer ..... the letter was addressed to david, there was no offer to the plaintiff and that it follows that the plaintiff's purported acceptance on 6th november did not conclude a contract between the parties. this submission is one which will not survive the most cursory examination. by the resolution of 9th september, the directors were instructed to offer the new ..... securities for money, shares in public companies, debentures, war bonds, war loan and dues for payment of money and to execute, sign, enter into, acknowledge, perfect and do all such contracts, hypothecations, leases, reconveyances, transfers of mortgages and other transfers, surrender of leases and shares and all other assurances, deeds, agreements, instruments, acts and things as shall be required or as ..... allotted to you as the nominee of mr. david ezekiel'. on 9th december 1936 the present suit was instituted. it was in form a suit for specific performance of a contract to allot and issue 4200 shares, or alternatively, for damages. an application to restrain the company from disposing, of the shares elsewhere was unsuccessful, and thereafter the company sold .....

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