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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1940 Page 1 of about 27 results (0.014 seconds)

May 21 1940 (PC)

Goaldas Daga Vs. Manicklal Baity

Court : Kolkata

Decided on : May-21-1940

Reported in : AIR1941Cal125

..... defendant would be unable to meet the engagements which the plaintiff might enter into for him. the plaintiff accordingly entered into contracts on behalf of the defendant upon which the plaintiff became personally liable, and he sued the defendant for indemnity against the liability incurred by him and for his commission as broker.12. held, that the plaintiff was entitled to recover ..... consideration, i do not think that this is likely to have occurred because, in the absence of written orders and instructions, the plaintiff makes a practice of making the contracts with members of the association immediately after he has received instructions from his customer. with regard to the alleged settlement on 30th january, i am satisfied that the plaintiff's ..... the transactions were gambling transactions, and therefore illegal and inoperative. it will be observed at once that the defendant relies upon inconsistent allegations. he alleges on the one hand that contracts in respect of differences only, and therefore gambling transactions, were made between him and the plaintiff acting as a principal, yet, in the same breath he talks of asking ..... , for the employment of the plaintiff by the [defendant was not against public policy, and was not illegal at common law, and, further, was not in the nature of a gaming and wagering contract against the .....

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Feb 15 1940 (PC)

Panchanan Mandal and anr. Vs. Sashi Bhusan Pradhan and ors.

Court : Kolkata

Decided on : Feb-15-1940

Reported in : AIR1940Cal281

..... these personal covenants, their lordships held that the mortgage was only a usufructuary mortgage. it is obvious that the first of these two covenants was in the nature of an indemnity clause intended to come into operation only if the usufructuary mortgage failed by reason of the mortgagor exercising possession to the detriment of the mortgagee; and the second covenant was ..... . as to the first of these covenants, it should be noticed that by virtue of section 76(c), t.p. act, a usufructuary mortgagee must, 'in the absence of a contract to the contrary' pay the government revenue and all rents accruing due in respect of the mortgage property during his possession. it is thus clear that the statute itself permits ..... this order. sub-section (5) of section 26g, under which the application was made, runs thus:notwithstanding anything contained in this act or in any other law or in any contract, the consideration (with all interest thereon) for a complete usufructuary mortgage or for another form of usufructuary mortgage deemed under sub-section (1a) to have taken effect as a complete ..... a matter enumerated in entry 10 of the concurrent legislative list in schedule 7, government of india act, 1935. the entry in question reads:contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land.8. section 26g, ben. ten. act, was enacted by a provincial legislature in 1938 and was not assented to .....

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Aug 14 1940 (PC)

Nilratan Mukhopadhya and ors. Vs. Cooch Behar Loan Office Ltd. and ors ...

Court : Kolkata

Decided on : Aug-14-1940

Reported in : AIR1941Cal64

..... of compelling him to have recourse to the security of some of the joint promisors only, when by entering into the contract he intended to have the security of all of them. for the aforesaid consideration also we think that the rule formulated in king v. hoare (1844 ..... hemendra coomar mullick v. rajendrolall moonshee ('77) 3 cal 353 be made applicable to such a case the promisee would, on the breach of that joint contract, be compelled to make his election of either proceeding against the first set or the second set of joint promisors. that rule would have the effect ..... specific question we have to decide was not decided, but there are observations in the judgment of both chatterjee and richardson jj. which imply that a joint contract in india creates a joint and several liability on the part of the joint promisors. the matter again came up for decision in miss moselle solomon v, ..... (1900) 22 all 307 strachey c. j., and banerjee j. took a different view. in bombay farran j. also took a different view of section 43, contract act: motilal v. ghellabhai ('93) 17 bom 6 in shivlal matilal v. bridhichand jivraj ('17) 19 bom l r 370 macleod j. reviewed the leading cases ..... first and the second, had been brought in domestic courts. in india there is a divergence of judicial opinion as to the effect of section 43, contract act. in hemendra coomar mullick v. rajendrolall moonshee ('77) 3 cal 353 it was held that that section had not the effect of making the liability .....

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May 14 1940 (PC)

Ranjit Kumar Roy and anr. Vs. Kabiraj Kisori Mohan Gupta and anr.

Court : Kolkata

Decided on : May-14-1940

Reported in : AIR1940Cal401

..... , nor to recover the same sum, as if an action had been brought on the mortgagor's covenant, it is a proceeding to recover an indemnity against the non-payment by another person of a sum of money which he had charged on land. if the bond could be brought within section 8 ..... , ipso facto, reduce the debt due by the surety, and vice versa, as they do. (section 128, contract act). it follows that payments of principal or interest by either principal or surety, and acknowledgments in accordance with the provisions of section 20(l), limitation act, ..... respect, it seems to me that this is not a complete statement of the position in law. in cases of principal and surety there are two distinct contracts in respect of one debt common to both. there cannot be two distinct debts otherwise payments on account of principal or interest by the principal would not ..... in the relation of principal, and surety itself which makes payment by the principal binding as a payment by the surety, and that although section 128, contract act, makes the liability of the surety coextensive with that of the principal debtor, it must be read along with the provisions of the limitation act; ..... at p. 464. that this is the law in india also is recognized by article 73, limitation act. a surety's liability depends upon the terms of his contract, because his is a collateral obligation. in re brown's estate, brown v. brown (1993) 2 ch. 300, bradford old bank v. sutcliffe (1918) .....

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Jan 15 1940 (PC)

Panchanan Ganguly Vs. Kalipado Banerjee

Court : Kolkata

Decided on : Jan-15-1940

Reported in : AIR1940Cal494

..... of the second case are not quite so similar but there also though a lump sum was mentioned it was held that the contract was not a lump sum contract but a rate contract. i hold that the second ground has also failed. the other grounds taken in the petition have been abandoned. the application is ..... the estimate for a building of the dimensions given in the estimate and nothing more. i am supported in this view by the interpretation given to two similar contracts in two cases referred to by counsel on behalf of the contractor. they are jamieson v. m'innes (1887) 15 r (court of sess.) 17 and ..... or that the plaintiff would be entitled to claim any lump sum as the price of his work on completion of the building. para. 1 of the contract says that the contractor should erect and build a dwelling housein accordance with the plans, sections, elevation and specifications signed by both the parties and hereto annexed ..... and frankly that he has no other objection to the special referee's report, and that if it be found that the contract was not a lump sum contract but a rate contract, he can have no objection either to the method of calculation or to the special referee's conclusions as to the amount due ..... if any, is due to the plaintiff for erecting and building dwelling house upon plot no. 355 of the improvement trust scheme 15-b as per contract dated 10th august 1930. in making the said enquiry the said special referee will go into the objections taken and raised by the defendant in his written .....

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Dec 13 1940 (PC)

Sothern-smith Vs. Clancy.

Court : Kolkata

Decided on : Dec-13-1940

Reported in : [1941]9ITR73(Cal)

..... case the companys liability could never exceed the amount of the premiums with the compound interest at 3 percent., while in the present case the contract involved the company in a possible liability which, if mr. sothern lived for an unexpected number of years, might exceed the original payment and ..... was to argue boldly that the term 'annuity' in the acts meant, and meant only, 'life annuity', and he pointed out that the present contract involved obligations on the company which were not terminated by the falling of a life, if the life fell before the period when the sums paid ..... period, can surely not alter the character of the payment, especially when it is borne in mind that no one has ever doubted that a contract to pay an annuity for a period measured by life, whether in consideration of a lump sum down, or a series of successive periodical payments ..... sums paid by the company to the original contracting party.similar questions to the present have been before the courts on many occasions, but the principles to be applied in considering whether in a ..... . from the wording of clause 9 in the special case i should gather that the special commissioners regarded all the annual sums payable under the contract as falling within the description of annuities and accordingly chargeable to income-tax. lawrence, j., refrained from dealing with any question arising upon the .....

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Jul 05 1940 (PC)

Jamuna Ram Bhakat and anr. Vs. Heeralal Agarwalla and Co. and ors.

Court : Kolkata

Decided on : Jul-05-1940

Reported in : AIR1940Cal515

..... been made. it has not been found that these persons were s the managers of the joint family businesses or that the debts in question were contracted by these individuals as accredited agents for the purposes of the joint family business. the findings, as we understand them are that there was a joint ..... independent businesses in partnership with one another. i ought to observe here that the findings of the courts below do not mean that the debts were contracted by moti bhakat, ram kissen and jodhan prosad and were binding on other members of the joint family upon the principles enunciated in the cases to ..... family. none of the cases just considered are authority for the proposition that members of a joint family would be bound to pay the debts contracted for purposes of trade by other members who are not managing members or accredited agents of the joint family but who are carrying on what were ..... share in the firm was liable. in the judgment delivered by chandavarkar j., the following proposition was enunciated : 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 at ..... to the law, as a company or a statutory corporation is known to the law, but nevertheless the term 'firm' has been defined by section 289, contract act, which by a definition of the word 'partnership' makes it clear that agreement is necessary and says : 'persons who have entered into partnership with one .....

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Jul 29 1940 (PC)

Sonaram Dutta Vs. Sitaram Chamaria and ors.

Court : Kolkata

Decided on : Jul-29-1940

Reported in : AIR1941Cal28

..... to prove their advances. the learned district judge says nothing about this point. after interpreting the contract between the plaintiffs and defendants 2 and 3 he made certain observations which i have not been able to understand and which learned advocate for the respondents ..... defendants 2 and 3 will be the subject of a hypothecation only if there is something due to the plaintiffs from defendants 2 and 3 under their contract and only to the extent of these dues. the trial court has found, as i have said before, that the plaintiffs have not been able ..... or mortgage; but as soon as the dues came into existence, equity treating as done that which ought to be done fastened upon the dues and the contract to hypothecate them became a complete hypothecation. this is the principle, laid down in collyer v. isaacs (1882) 19 ch d 342 and holroyd v. ..... how the learned munsif could come to any other conclusion. this is what is said in the agreement:and all the amount due for the said contract work remains as security for the amount advanced by you with interest.4. after this clear expression of the intention of the parties there is no ..... per annum. the defendants agreed to endorse to the plaintiffs all cheques paid to them by the union for the work done in connexion with the contract in payment of the advances made. the plaintiffs allege that they also hypothecated to the plaintiffs as security for the advances made all the amount that .....

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Dec 10 1940 (PC)

Naskarpara Jute Mills Co. Ltd. Vs. Nirmal Kumar Jain

Court : Kolkata

Decided on : Dec-10-1940

Reported in : AIR1941Cal434

..... he calls the 'head agreement,' being the agreement to enter into gaming and wagering transactions, was made at arrah, he does not deny-that the contract of 24th november 1939, was made in calcutta through the agency of the broker acting on behalf of both parties. the issue raised in the ..... where defendant 3, jaganath das jain, has his residence, and the alleged head agreement, namely the agreement alleged to have been made prior to the contract of 24th november 1989, was made within the jurisdiction of the arrah court. the plaintiffs in the present suit, the naskarpara jute mills co. ltd., ..... on the other. then he goes on to allege that at the time jaganath das jain entered into that contract, and throughout, the parties never intended that anything more than differences should be paid, and that the transaction was a wagering transaction and had not ..... broker, basant lal masudi, that all three defendants in collusion with the broker without the knowledge or consent of the plaintiff, brought into existence the contract of 24th november 1939, between the plaintiffs on the one side and the howrah trading co. ltd., and the naskarpara jute mills co. ltd., ..... times resided in calcutta and carried on business there and had his office within the jurisdiction.2. the broker also resides within the jurisdiction, and the contract notes were passed by him to the parties in calcutta. in the arrah suit, the defendant, nirmal kumar jain, has sued the howrah trading co .....

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Jan 05 1940 (PC)

Maharaja Srish Chandra Nandy and anr. Vs. Supravat Chandra and ors.

Court : Kolkata

Decided on : Jan-05-1940

Reported in : AIR1940Cal337

..... levelled against the late maharaja had to be investigated. the agreement ex. q substituted for what was then unascertained liability for a fixed sum of money. for his right of indemnity against the trust estate as the legal representative of the deceased trustee a debt was substituted in favour of defendant 1 and he was given the right to additional securities ..... by the cestui que trust to be otherwise. in a suit however instituted by the legal representative of the trustee against the cestui que trust to enforce the right of indemnity of the deceased trustee, the former must show that the amount spent from the private funds of the trustee was spent for the trust. where the ascertainment of the amount ..... the same terms as are embodied in ex. q and as there were no non-com-poundable criminal cases then pending the fresh agreement cannot be hit by section 23, contract act. for the purpose of substantiating his contention he has referred us to the large number of petitions made to the district magistrate after 4th august 1931, when the criminal ..... pending in their courts. we prefer to base our judgment on the ground that the agreement, ex. q, is an illegal one in view of the provisions of section 23, contract act, as being opposed to public policy.9. a number of cases dealing with agreements to stifle criminal prosecutions, has been cited before us. it is not necessary to notice .....

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