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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1938 Page 2 of about 29 results (0.015 seconds)

May 12 1938 (PC)

inland Revenue Commissioners Vs. British Salmson Aero Engines, Ltd.

Court : Kolkata

Decided on : May-12-1938

Reported in : [1939]7ITR245(Cal)

..... been regarded in different cases as of importance and of weight. it seems to me, on all the facts of this case, including the terms of the contract itself, which is the important and, indeed, the essential fact in the case, that the commissioners were perfectly entitled to come to the conclusion to which ..... whether or not a payment is to be regarded as a capital or an income payment, it is illegitimate to look outside the terms of a contract. i do not wish to lay down any such proposition. what has to be ascertained in these cases is the true nature of a payment; that ..... the other hand, where the patentee undertakes himself not to exercise the invention, that is something quite different; he is restraining himself by a convenant or contract from exercising his monopoly rights, and further, if he undertakes to prevent others from infringing his monopoly rights, he is giving an undertaking which also in ..... mean that, in deciding it questions of law may not have to be discussed and decided. for example, the construction of a contract may be one of the elements which must be taken into consideration in deciding that question; there may be cases where the construction of the ..... contract is of itself the really decisive matter in answering the question. in this case the question of the contract and the terms of the contract is of cardinal importance, as i have already endeavoured to indicate in saying what .....

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Jul 13 1938 (PC)

Ram Ratan Das Bagri and ors. Vs. Mt. Sew Kumari Bibi W/O Lal Bahadur S ...

Court : Kolkata

Decided on : Jul-13-1938

Reported in : AIR1938Cal823

..... on behalf of the plaintiffs. these being the attending circumstances, we have no doubt that ex. 2 did not require registration because the parties never intended it to be the contract between them. it did not embody, in the language of lord carson, 'the bargain between the parties, but it was merely intended to be evidence of a transaction which had .....

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Jun 02 1938 (PC)

Hrishikesh Ghose Vs. R.P. Michael

Court : Kolkata

Decided on : Jun-02-1938

Reported in : AIR1939Cal45

..... opinion there was good reasonto hold that the complainant's petition for seizure of the 'bus was justified. the opposite party admittedly did not pay many months dues on the contract, and further removed the 'bus out of calcutta without notifying the petitioner's firm. in these circumstances the petitioner was justified in suspecting dishonesty and thinking' that an offence had ..... made without jurisdiction. the case is one of breach of a hire-purchase agreement and is not a criminal matter at all. the complainant firm have their rights under the contract into which the petitioner entered with them, and those rights can be enforced in the ordinary way by an action in the civil court. the whole case appears to us ..... found. the opposite party in the present rule will then be at liberty to pursue his remedies either in the civil court, or otherwise according to the terms of the contract between the parties.khundkar, j.3. i agree.

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Dec 19 1938 (PC)

In Re: Goods of Nani Lal Das

Court : Kolkata

Decided on : Dec-19-1938

Reported in : AIR1939Cal737

..... . if this is the correct reading of the rules, it may be well argued that the rules of themselves place the surety in the position of a surety under the contract act, and of themselves give jurisdiction to the court to discharge the surety. in my opinion the wording of those rules requires reconsideration. it seems to me that when drawn ..... to the effect that the surety or giver of the second bond is to be regarded in the light of a surety under the contract act and that he may therefore discharge himself by notice (see section 130, contract act) was differed from by the madras high court subroya chetty v. ragammal (1905) 28 mad. 161 and has now been definitely disposed .....

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Feb 10 1938 (PC)

Nanda Kishore Lal Vs. KhetabuddIn Ahmed and anr.

Court : Kolkata

Decided on : Feb-10-1938

Reported in : AIR1938Cal449

..... . future costs will abide the result.s.k. ghose, j.5. i agree. i may add that in my judgment the determining factor in such a case is the contract. was the contract one for consolidated rent irrespective of area or was it for rent on the basis of the area? in the present case there is no doubt that the lands .....

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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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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 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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Jun 01 1938 (PC)

Sm. Nirupama Devi W/O Suresh Chandra Lahiri Vs. Anathbandhu Saha and o ...

Court : Kolkata

Decided on : Jun-01-1938

Reported in : AIR1938Cal618

..... along with the fact that rs. 3600, the price paid, represented a fair price of the property as unincumbered. we accordingly hold that the benefit of the contract between mukunda and defendant 1 by which, as evidenced by ex. 2 (b), the latter agreed to discharge the whole of the mortgage debt, had passed to ..... , in that case property no. 3 would alone bear the whole of the money. it is therefore necessary to see whether the benefit of the said contract had passed to the plaintiff. one of the circumstances which in our judgment is material for the purpose of deciding the question is that fact that the ..... the two sums of money which will be-apportioned on properties nos. 2 and 3 ought to be borne by property no. 3 by reason of this contract between defendant 1 and mukunda, because property no. 2 is in the heirs of mukunda. but mr. gupta says that the plaintiff being the subsequent purchaser ..... not only property no. 3 purchased by defendant 1 but the other two properties also. as between mukunda the mortgagor and defendant 1, there was a contract by which defendant 1 was bound to discharge the mortgage and free properties nos. 1 and 2 also by payment to-the mortgagee of what was really ..... interest act of 1839. where there is no stipulation for interest, interest before suit can only be awarded by the court in its discretion only if a contract to pay a definite sum of money appears in the written instrument. this is one of the essential conditions for applying the interest act of 1839. in .....

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