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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1940 Page 3 of about 27 results (0.014 seconds)

Jan 19 1940 (PC)

Nidhusudan Mukherjee and ors. Vs. Smt. Bibhabati Debi and ors.

Court : Kolkata

Decided on : Jan-19-1940

Reported in : AIR1940Cal395

..... was no statutory definition of 'child' in the code, and said that he was inclined to hold that a child is a person who is incompetent to enter into any contract or enforce any claim under the law, or in other words a minor according to his personal law. it was also contended that the child was not unable to maintain .....

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Jul 09 1940 (PC)

Md. Serajul Haque and ors. Vs. Dwijendra Mohan Sen Gupta and ors.

Court : Kolkata

Decided on : Jul-09-1940

Reported in : AIR1941Cal33

..... was not alleged, for instance, that the original lessee under the unregistered lease had been put into possession or continued in possession of the property in part performance of the contract, or that the lessee had performed or was willing to perform his part of the con-tract. it was not, again, shown that the terms under which the defendants now ..... act, whereby it was enacted among other things that an unregistered document affecting immovable property and required to be registered may be received as evidence of part performance of a contract for the purposes of s.53a, t. p. act.10. on behalf of the respondents, mr. das's first answer to this contention was that s.53a was not retrospective .....

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Dec 03 1940 (PC)

inland Revenue Commissioners Vs. Payne.

Court : Kolkata

Decided on : Dec-03-1940

Reported in : [1942]10ITR59(Cal)

..... of the covenant itself, these words are in appropriate to cover such a case, and that they are contemplation, not the termination of liability, according to the terms of the contract, but, so to speak, a premature termination of a liability which would otherwise have continued. in my opinion that argument also fails. the question is : did mr. walter payne cease .....

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Aug 02 1940 (PC)

Horay Krishna Naskar Vs. Sashi Bhusan Purkait and ors.

Court : Kolkata

Decided on : Aug-02-1940

Reported in : AIR1941Cal18

..... effect of the deposit under section 83, t. p. act? my attention was drawn to section 67 of the act which provides inter alia that in the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage money has become due to him, and before a decree has been made for the redemption of the .....

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May 15 1940 (PC)

S. SharafuddIn Ahmed Vs. Shamsul Huq.

Court : Kolkata

Decided on : May-15-1940

Reported in : AIR1941Cal147

ordermcnair, j.1. this is a. petition by the defeated candidate in mahomedan constituency taltolla, ward no. 14, who polled 304 votes. the respondent who was elected, polled 312 votes, and his election was published in the calcutta gazette on 4th april.2. a preliminary question has been argued by way of demurrer, namely whether the petitioner is entitled to a recount and by a recount is meant not merely the counting of votes to check the arithmetic of the returning officer, but a scrutiny as well to review his finding as to the validity of the ballot papers. in the earlier paragraphs of the petition it is alleged that the appointment of the returning officer was open to objection and that he was guilty of malpractices. the first three grounds have been abandoned, but mr. bose for the petitioner states that he abandoned ground 3 so far as it related to the appointment of the returning officer, but did not intend to abandon his contention that the returning officer had been a party to divers mal-practices and breaches of the relative rules. in ground 11 further charges have been made against the returning officer that he improperly refused certain votes. ground 11, sub-para. 2 has been abandoned. sub-paras. 3 and 4 purport to be particulars of improper refusal of votes. they are in fact vague allegations that the returning officer did not allow the inspection contemplated by the rules and that the returning officer did not observe what the petitioner alleges to be the .....

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Nov 19 1940 (PC)

Amulyadhan Sinha Vs. Kanak Chandra Mustafi and ors.

Court : Kolkata

Decided on : Nov-19-1940

Reported in : AIR1941Cal368

..... different. we are liable to take the view that when a valid sub-division of a tenure has been made, there has been no alteration in the terms of the contract between the parties. it seems to us clear that a landlord might improvidently, recklessly give his consent to repeated subdivisions of the tenure and thus bring about a condition of .....

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Jun 10 1940 (PC)

In Re: Sm. Lakshmimoni Dassi

Court : Kolkata

Decided on : Jun-10-1940

Reported in : AIR1941Cal391

..... injury of a different nature. mr. bose and mr. ghose contend that the applicant must show that his proprietary right has been injured, that he has no right either by contract or by law, and that no right in his favour can be inferred from the statute itself. now it seems to me that this question of the quantum or quality .....

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