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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1938 Page 3 of about 29 results (0.014 seconds)

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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Feb 22 1938 (PC)

C.A. Low and anr. Vs. H.V. Low and Co. Ltd.

Court : Kolkata

Decided on : Feb-22-1938

Reported in : AIR1938Cal578

..... breach. he relies on kshirode bihari dutt v. mangobinda panda : air1934cal682 , a decision of lort-williams and m. c. ghose jj., who held that a zamindar can sue on a contract made between his mokarraridar and darmokarraridar, whereby the latter undertakes to pay the mokarraridar's rent direct to the zamindar, and can obtain a decree for rent against the darmokarraridar ..... . i think the description of the document given by counsel for the defendant company is substantially correct; he says that it is a hybrid document, containing a conveyance and a contract, and that low and pattinson were parties to the conveyance only.8. mr. s. m. bose on the other side submits that as the covenant is for the benefit of .....

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Mar 18 1938 (PC)

Biraja Charan Nanda Vs. Sailaja Charan Nanda

Court : Kolkata

Decided on : Mar-18-1938

Reported in : AIR1939Cal155

..... against a private owner. on the other hand, dr. basak's contention leads us to a somewhat curious position, as if the plaintiff was asking for specific performance of a contract for a conveyance for which court-fees payable according to the amount of consideration has expressly been laid down by section 7, sub-section 10, clause (a), the only difference ..... present dispute as to the amount of court-fees payable is dependent upon the alternative prayer (kha) in the plaint. it is clearly a claim for specific performance of a contract for executing a deed of trust. dr. basak has conceded that this does not come under any of the specified classes of suits for specific performance which are contemplated by .....

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Jul 26 1938 (PC)

Chatra Serampore Co-operative Credit Society, Ltd. and ors. Vs. Bechar ...

Court : Kolkata

Decided on : Jul-26-1938

Reported in : AIR1938Cal829

..... are not to be applied to corporations as well as to ordinary individuals. these doctrines have been so applied in a great variety of cases, in question arising out of contract, and in questions arising out of torts and frauds; and to apply them to one class of libels and to deny their applications to another class of libels on the .....

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Mar 18 1938 (PC)

Kanahya Lal Lohia Vs. Assicurazioni Generalli

Court : Kolkata

Decided on : Mar-18-1938

Reported in : AIR1939Cal105

..... which are immaterial. the material parts are as follows:it is warranted during the currency of this policy (all and each of such warranties being of the essence of the contract and the insured forfeiting all rights and benefits under the policy by any breach or breaches thereof) that:m. no jute hereby insured or on the insured premises shall at ..... were subsisting or effecting at the time when the fire occurred owing to breaches by the plaintiffs of certain terms, conditions and warranties which were of the essence of the contracts. it is not suggested that the fire or the resultant loss or damage was in any way due to or affected by any of such breaches. the plaintiffs deny the .....

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Feb 18 1938 (PC)

Prafulla Chandra Nag Vs. Jatindra Nath Kar

Court : Kolkata

Decided on : Feb-18-1938

Reported in : AIR1938Cal538

..... the original estimate. this argument is sought to be supported upon the principle of quantum meruit but really what the appellant asks us to do is to make a new contract for the parties. henderson j. pointed out that the appellant himself put an end to the work before it was concluded, the original estimate of the plaintiff was set aside .....

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Mar 30 1938 (PC)

Rajendra Narayan Ray Vs. Bhairabendra Narayan Ray and ors.

Court : Kolkata

Decided on : Mar-30-1938

Reported in : AIR1938Cal563

..... not entitled to deduct collection charges, (2) that there is no evidence that the defendant had to incur any expenses for getting the paddy from the adhiars, who according to contract had to reach the landlord's share of the paddy to his kutchery free of cost.8. we do not consider any of these reasons to be sound. assuming for .....

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