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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1941 Page 1 of about 24 results (0.021 seconds)

Jun 06 1941 (PC)

Sheikh Akbar Ali and ors. Vs. Sheikh MafijuddIn of Islampur

Court : Kolkata

Decided on : Jun-06-1941

Reported in : AIR1942Cal55

..... under section 26g, bengal tenancy act; but it is not a part of the mortgage transaction, and is an independent contract altogether. whether such contract is enforceable or not is another matter. it may be a moot point as to whether such indemnity really purports to give relief against loss occasioned by acts done under express provisions of law, and if it does ..... so whether the provisions of the law would nullify such indemnity if given. in considering this last point, the effect of section 37, contract act, in so far as it makes enforcement of contracts subject to other laws would require to be considered. but that is a matter, which is not necessary for ..... mortgage transaction for they come into effect only when the mortgage fails. in panchanan mondal v. shashi bhusan : air1940cal281 the contract was of this description, and it was held by rau j. that such covenant being in the nature of an indemnity clause was outside the mortgage transaction. the view was accepted in other decisions since then, vide khoaj jamadar v. abdul ..... anomalous mortgages are outside the purview of section 26g, ben. ten. act. but there is another class of personal contracts which require consideration and which stand on a quite different footing. they are contingent promises and occur more or less as indemnity clauses in a usufructuary mortgage deed. the mortgagor undertakes to pay interest or compensation or the whole or a portion .....

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Jul 16 1941 (PC)

Western India Life Insurance Co. Ltd. Vs. Sm. Asima Sirkar and ors.

Court : Kolkata

Decided on : Jul-16-1941

Reported in : AIR1942Cal412

..... view, however, this section cannot apply in the present case where the insurance company are relying on the terms of a defeasance clause within the contract itself. the conditions demanded by this defeasance clause have been fulfilled and the defendant company are, therefore, entitled to annul the policy unless the ..... was so caused.* * * * *exception. - if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17 the contract nevertheless is voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.24. on this point, mr. ..... must be allowed. in this case, the initial onus lay upon the defendant company to show that they were legally entitled to avoid the contract. in my view, they were able to discharge this onus by showing that in 1935 jadunath sarkar had omitted to state certain material facts ..... whether written by my hand or not and shall, along with the declaration and statement made before the medical examiner be the basis of the contract between me and the above life insurance co.5. that was signed by jadunath in the presence of the medical examiner. in the personal ..... the personal statement before the medical examiner with declaration made by the life assured dated as specified in the schedule shall be the basis of this contract, it being nevertheless hereby expressly declared that after the expiry of three years from this date, neither error in nor omission from, such proposal .....

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Aug 11 1941 (PC)

Radha Charan Saha Vs. Sree Sree Iswar Joykali Bigraha Represented by S ...

Court : Kolkata

Decided on : Aug-11-1941

Reported in : AIR1942Cal295

..... some act in connexion with the administration of the estate merely by inviting the minority to associate themselves with such act, confusion would arise and persons who had entered into contracts with the majority might find themselves involved in litigation at the instance of the minority who might claim to be the true representatives of the deity, the adoption of such ..... a procedure might therefore be detrimental in many cases not only to the interests of the actual parties to a contract but to those of the deity itself.4. dr. basak contends that the ejectment notice must be regarded as invalid because it is clear from its terms and the facts .....

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Mar 10 1941 (PC)

Sukumari Gupta and ors. Vs. Dhirendra Nath Roy Chowdhury and ors.

Court : Kolkata

Decided on : Mar-10-1941

Reported in : AIR1941Cal643

..... of his duties. he may raise a loan in circumstances leading to the inference prima facie that he pledges his personal credit, himself looking for indemnity to the assets of the estate under his management. the creditor may also prima facie accept this personal credit, ultimately looking forward to the benefit ..... claim as the account of the common manager defendant 20, had not been adjusted and as the estate had not been benefited by the loan contracted by the common manager. the plaintiff has preferred the present appeal against this decision. the case raises several points of law and fact. in ..... (a) because the common manager was not an agent of the proprietors; (b) because he could not bind the proprietors, the loan not having been contracted for the benefit of the entire estate represented by the proprietors. in the result, the learned subordinate judge dismissed the suit, being of opinion that the ..... the provisions of the bengal tenancy act, and inasmuch as there was no knowing whether the loans referred to in kali kumar's petition were contracted for the benefit of the estate; (3) that the claim was also barred by limitation inasmuch as the payments by the common manager were ..... are personally liable for the amount and he bases his claim in this respect on the following grounds : (1) that according to law, justice, equity and contract, the defendants are bound to repay the dues on the bond in suit personally, and also on the basis that their estate is liable therefor (plaint, .....

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May 20 1941 (PC)

Nawab Syed Mahammad Hashim Ali Khan and anr. Vs. Iffat Ara Hamidi Begu ...

Court : Kolkata

Decided on : May-20-1941

Reported in : AIR1942Cal180

..... commentary on the sharayi-ul-islam, as also the jawahir-ul-kalam another authoritative commentary on the same text book, throughout deals with wakf as a contract inter partes as distinguished from unilateral disposition of property.56 mahmood j. then refers to the jami-ul-shattat (jamaa-ush-shittat) in which it is ..... in the development of the first alternative branch of the first argument reliance has been placed on the proposition that in shia law wakf is a contract between the wakif and the mowkoof alehi or beneficiaries, the effect of which is to vest the entire benefit in the property in the latter; and ..... koof alehi (persons on whom the settlement is made), for they have a right to the advantages or benefits (usufruct) to be derived from it. the contract is not rendered obliga-tory except by giving possession (bailie ii, p. 212), that is, the wakf is not completed unless either possession of the wakf ..... the properties in the same manner as he was doing before the execution of the wakfnama.6. according to the conception of shia law 'wakf is a contract the fruit or effect of which is to tie up the original of a thing (corpus) and to leave its usufruct free' (bailie pt. ii, ..... said 'wakf is a contract needing offer and acceptance.' in connexion with this passage and those which follow it, mahmood j. makes the following observation:but whilst thus generally expressing the .....

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Jan 03 1941 (PC)

Noor Jehan Begum Vs. Eugene Tiscenko

Court : Kolkata

Decided on : Jan-03-1941

Reported in : AIR1941Cal582

..... court of justice in england for a mandamus to the registrar of marriages at hammersmith to compel the latter to issue a certificate and license which would enable him to contract a second marriage during the lifetime of his first wife. in his judgment lord reading observed:neither authority nor principle can be found in english law to establish the ..... the above-mentioned proposition, have been appreciated by mr. tyabji in his treatise on mahomedan law. he states in para. 194-a:where persons not governed by mahomedan law, contract or celebrate a valid marriage in accordance with a system of law other than mahomedan law, the marriage and its dissolution will be subject to the provisions of that other ..... any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talak, zihar, lian, jhula and mubaraat, maintenance, dower, guardianship, gifts, trusts, and trust properties, ..... question are, in my opinion, firmly established in the realm of private international law: (1) the forms necessary to constitute a valid marriage and the construction of the marriage contract depend on the lex loci contractus, that is, the law of the place where the marriage ceremony is performed; (2) on marriage the wife automatically acquires the domicile of .....

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Nov 18 1941 (PC)

Brijraj Marwari and ors. Vs. Anant Prosad

Court : Kolkata

Decided on : Nov-18-1941

Reported in : AIR1942Cal509

..... the proper law which, as just and reasonable persons, they ought or would have intended if they had thought about the question when they made the contract.'3. in the case with which we are now dealing the intention of the parties on 10th july 1932 clearly was that interest should be paid ..... and has treated the matter as depending on the intention of the parties to be ascertained in each case on a consideration of the terms of the contract, the situation of the parties, and generally on all the surrounding facts. it may be that the parties have in terms in their agreement expressed what ..... made outside bengal. mr. sinha on the authority of beniam & co. v. l.s. debono (1924) 1924 a.c. 514 contends that the law of the contract should be lex loci solutions. it was, however, pointed out by the judicial committee in mount albert borough council v. australasian temperance and general mutual life assurance society, ..... existed at the time when the loan was made i think that the most reasonable way to interpret the contract dated 10th july 1932 is, to hold that the intention of the parties was that the contract should be governed by the law of the place at which the loan was effected, namely, the law ..... ltd. (1938) 1938 a.c. 224 that the law of the contract depends upon the intention of the parties. in that case their lordships said that 'the proper law of the contract means that law which the english or other court is to apply in determining the obligations under the .....

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Jun 16 1941 (PC)

Tarit Bhusan Rai and anr. Vs. Sri Sri Iswar Sridhar Salagram Shila Tha ...

Court : Kolkata

Decided on : Jun-16-1941

Reported in : AIR1942Cal99

..... authority was to be found in hindu law, and it was held that there was no conceivable principle on which on such analogy a contract otherwise good and valid could be taken out of the class of contract of which specific performance might be granted under the law. the position may be summed up as follows: (1) (a) the idol is a ..... the interests of its worshippers but a minor does not exist for the interests of anybody else. (3) the contract act (subs-tantive law) has taken away the legal capacity of a minor to contract but the legal capacity of a hindu idol to contract has not been affected by this act or by any other statute. (4) the limitation act (an adjective .....

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Jul 29 1941 (PC)

Juggannath Roy and anr. Vs. Madan Mohan Burman and anr.

Court : Kolkata

Decided on : Jul-29-1941

Reported in : AIR1942Cal125

..... been the law.numerous authorities have been cited to us. i shall not travel through them. to my mind they have but little bearing upon this case. suppose that by contract between a and b there is in an event to arise a debt from b to a, and suppose that an act is passed which provides that in respect of ..... such a contract no debt shall arise. as an illustration, take the case of a contract to pay money upon the event of a wager, or the case of an insurance against a risk which an act subsequently declares to .....

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Jul 18 1941 (PC)

In Re: Bengal Silk Mills Co. Ltd.

Court : Kolkata

Decided on : Jul-18-1941

Reported in : AIR1942Cal461

..... before. therefore, in my opinion the judgment was right.14. it seems clear therefore that whether it be a matter of agency or authority or contract, the transferee in cases of transfers in blank has the right to fill in the necessary particulars including his own name as transferee and the date ..... authority to fill in the blanks would be at an end, although no doubt an equity would subsist to compel the executors to give effect to the contract.11. this is a tentative suggestion on behalf of the learned authors based upon the following authorities : in re tahiti cotton company; exparte sargent (1873) ..... property for which he has paid rs. 2400 to suhrawardy and for which suhrawardy paid bs. 2100 to the original transferor. this section of the contract act, merely states in a codified form the well-known principles of english law regarding authority coupled with interest. mr. sushil sen has drawn my ..... name of the transferee and is estopped from denying such authority.10. in addition to these statements there are the provisions of section 202, indian contract act, to the effect that where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency ..... the transferee was entitled to have his name on the register. it was contended that the transfers, though not valid as deeds, were evidence of a contract to transfer the shares, by virtue of which the transferees beoame equitably entitled to them. sir george jessel, m.e., at p. 279 described the .....

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