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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1943 Page 1 of about 25 results (0.047 seconds)

Jul 02 1943 (PC)

Monomohan Das Vs. Parswanath Das Sarkar and ors.

Court : Kolkata

Decided on : Jul-02-1943

Reported in : AIR1943Cal588

..... if so, whether the provisions of the law would nullify the indemnity so given, were left open. it was also pointed out that in this connexion the terms of section 37, contract act, would have to be considered. the effect of this section has indeed been considered by the ..... pay, to which the provisions of section 68(1)(a), t.p. act, might be applicable. the question whether the indemnity given in the bond really purported to give relief against loss occasioned by acts done under express provisions of law (such as those in section 26g), and, ..... the covenant considered by rau j. was taken. it was considered that the term was one outside the mortgage altogehter, being in the nature of an indemnity, and it was held that section 26g as it stood before amendment in 1940 would not cover the case of a mortgage with a personal covenant to ..... 4 of 1938), the provisions of which have some resemblance to those of section 26g, ben. ten. act. it is there pointed out that section 87, contract act, has, like sections 4 and 9, civil p.c. a self-effacing provision which makes it difficult to see how a law which excuses performance of ..... the provisions of the impugned section were covered by item 21 of the provincial list ii, 'transfer of agricultural land,' being excluded so far as any 'contract relating to agricultural land' is concerned from item 10 of the concurrent list in, and were also covered by item 27 of the provincial list ii 'money .....

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Jul 06 1943 (PC)

SaharaddIn Dewan Vs. AltafuddIn Ahmed and ors.

Court : Kolkata

Decided on : Jul-06-1943

Reported in : AIR1943Cal590

..... therefore a matter under item 21 of list ii of the provincial list. the question of repugnancy, therefore, cannot arise. in so far as the contract relates to the payment of the money, we are not concerned with that question now; it may arise if the mortgagee sues for the principal money. ..... rests on the fact that sub-section (5) of section 26g provides:notwithstanding anything contained in this act or in any other law or in any contract, the consideration (with all interest thereon)...for another form of usufruotuary mortgage deemed under sub-section (la) to have taken effect as a complete ..... provisions of the transfer of property act. nevertheless section 26g(5) enacts:notwithstanding anything contained in this act or in any other law or in any contract, the consideration (with all interest thereon) for ft complete usufructuary mortgage...shall be deemed to have been extinguished on the expiry of the period (a) ..... act. section 26g(1a) enacts:notwithstanding anything contained in this act or id any other law for the time being in force or in any contract, any mortgage...entered into by an occupancy raiyat in respect of his holding in which possession of land is delivered to the mortgagee-(a) which was ..... 98, t.p. act. as that section merely enacts that in the case of anomalous mortgages the parties will be bound by their contract, then in so far as the contract relates to the (agricultural) land, and the matter of its transfer is in question, which is all we are concerned with here, .....

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Jul 08 1943 (PC)

Lomax (inspector of Taxes) Vs. Peter Dixon and Son, Ltd.

Court : Kolkata

Decided on : Jul-08-1943

Reported in : [1944]12ITR1(Cal)

..... be interest. but it is not necessary or desirable to do more than to point out the distinction between such cases and the case of a contract similar to that which we are considering.for these reasons i am of opinion that the special commissioners came to the right conclusion and that their ..... if at all, the parties expressly took, or may reasonably be supposed to have taken, the capital risk into account in fixing the terms of the contract. in this summary i have purposely confined myself to a case such as the present where a reasonable commercial rate of interest is charged. where no ..... by the commissioners. (3) in deciding the true nature of the 'discount' or premium, in so far as it is not conclusively determined by the contract, the following matters together with any other relevant circumstances are important to be considered, namely, the term of the loan the rate of interest expressly stipulated ..... between the present and the nominal value of the notes ought not to be regarded as interest. it is to be noted, (i) that the contracts did not in terms provide for payment of interest; (2) that 4 percent. was a reasonable commercial rate. these facts led really as a matter ..... trouble between finland and russia.' in view of the manner in which that apprehension has justified itself, it can scarcely be suggested that on a contract for funding a loan at a reasonable commercial rate of interest the appellants were taking excessive precautions by insisting on the notes being issued at a .....

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Mar 22 1943 (PC)

Gour Chand Mullick Vs. Pradyumna Kumar Mullick and anr.

Court : Kolkata

Decided on : Mar-22-1943

Reported in : AIR1945Cal6

..... that it was designed to effectively control money-lenders and to regulate and control money-lending. many of its provisions constitute serious violation of the sanctity of contract of parties. this violation of sanctity of contract was considered necessary to control money-lenders and money-lending. it is a remedial measure which sanctions violation of ordinary rules of law and the free ..... right of contract. most of the important sections of the act including section 34 begin with the words 'notwithstanding anything contained in any law for the time being in force, or in any .....

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Feb 18 1943 (PC)

Shek Basaraddi and ors. Vs. Kroshali Taluqdar

Court : Kolkata

Decided on : Feb-18-1943

Reported in : AIR1944Cal67

..... defendants was determined by the kabuliyat and consequently no subsequent admission of the plaintiff could alter that status. the kabuliyat, according to the plaintiff's own case, was merely a contract whereby ahadi agreed to give his labour in consideration of some wages. it would only explain how ahadi came on the land. even his possession after the expiry of the ..... second appeal. section 3 (17), ben. ten. act, defines the term 'tenant' thus:'tenant' means a person who holds land under another person, and is, or but for a special contract would, be, liable to pay rent for that land to that person:provided that a person who, under the system generally known as 'adhi,' or 'barga' or 'bhag,' cultivates the ..... tenancy act, as the documents mentioned in the sub-clause are documents of title, like pottas, kabuliyats and the like. the learned subordinate judge further held that as the original contract had been proved in this case to be of a labourer burgadar, only, it was not permissible to go into the question of the subsequent conduct for ascertaining the intention ..... time of their predecessor, sk. ahadi. the plaintiff's case is that sk. ahadi came on the land on a labour contract under a registered kabuliyat, dated 29th magh 1299 b.s. (10th february 1893). the term of the contract expired in kartic 1301 b.s. ahadi, however, continued to cultivate the land as a labourer on the same terms till his .....

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Jul 12 1943 (PC)

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Decided on : Jul-12-1943

Reported in : AIR1943Cal489

..... 1942 is repealed. pending proceedings under that ordinance are declared void. servants of the crown who have taken action under that ordinance are protected by an indemnity. these provisions are good. the punishments are continued. is this provision valid? the answer will, i think, depend on the extent to which they ..... the banks in respect of the disbursement of moneys already expended on objects that were proper. here section 3 does not indemnify anybody, (the indemnity section is section 5) but it strives to give the complexion of validity to the trial held by the special courts set up under ..... my judgment section 3(1) has, as stated by my lord the chief justice, very clearly and undoubtedly this operation : it extends the indemnity contained in section 6 to jailors if they continue to hold persons imprisoned under ordinance 2 until a court orders those persons to be released, ..... out of an act of the ontario legislature authorising any person to exchange, through an attorney, with persons resident in ontario or elsewhere, reciprocal contracts of insurance. the provision was impugned as ultra vires on the ground that it sought to affect acts and persons not within the territorial jurisdiction ..... the law under consideration, to enact that they shall be 'made and declared lawful and confirmed.' such is the effect of the act of indemnity in question, which follows the example of similar legislation in the mother country and in other dominions and colonies of the crown.11. there is .....

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Jan 22 1943 (PC)

Peoples Insurance Co., Ltd. Vs. Benoy Bhusan Bhowmik and ors.

Court : Kolkata

Decided on : Jan-22-1943

Reported in : AIR1943Cal199

..... cannot be regarded as exhaustively laying down all the possible for in regard to suits based on contract. speaking for myself i agree entirely with what was said by richardson j., in bengal provident and insurance co. ltd. v. kamini kumar ('19) 6 ..... any way the scope of section 20(c) of the present civil procedure code. that explanation is still good law in the sense that suits arising out of contract could still be instituted in the court having local jurisdiction over any of the places specified in the explanation; but the explanation after it is repealed ..... arises either wholly or in part. still, there was doubt as to whether this principle was applicable to all other suits which were not based on contract, and it was held in several cases that the introduction of the explanation did not effect any change in the law and that the cause of ..... assured was accepted. in the second place, it is said that under the express terms of the contract between the defendant company and the assured the money was payable on the death of the latter at the registered office of the company and nowhere else ..... contended before us that the dacca court had no jurisdiction to entertain the suit. it has been pointed out, in the first place, that the contract for insurance was completed outside the jurisdiction of the dacca court at the registered head office of the company at lahore where the offer made by the .....

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May 10 1943 (PC)

Baldeodas Bajoria and anr. Vs. Governor of United Provinces

Court : Kolkata

Decided on : May-10-1943

Reported in : AIR1945Cal44

..... with all moveable property thereon belonging to the plaintiffs. the present application came to be made in the following circumstances: on 28th september 1937, a contract was entered into between the plaintiffs and the defendant which granted the plaintiffs the right to extract bhabar grass for 15 years in six forest areas ..... in the western circle in the united provinces, namely, the saharanpur, lansdowne, kalagarh, ramnagar, haldwani and dehra dun division. the contract a copy of which is annexure 'a' to the plaint was expressed to be made between the governor of the united provinces of the one part ..... bajoria and nandkishore bajoria carrying on business in partnership under the name and style of messrs. bajoria and co. of the other part. by this contract it was provided that: (i) the plaintiffs should pay to the defendant certain annual payments as therein specified and in addition thereto a royalty of ..... such terms and conditions as the conservator may fix. there was also a provision for referring all disputes between the parties arising out of this contract or concerning any of the terms or conditions to be referred to the chief conservator of forests of the united provinces.2. it appears that ..... the suit was nominally in the name of the governor of united provinces, in substance the suit was against the province. he explains that the contract was expressed to be made by the governor and therefore the suit had to be brought in the name of the governor. i do not think .....

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Dec 08 1943 (PC)

Asher Vs. London Film Productions, Ltd.

Court : Kolkata

Decided on : Dec-08-1943

Reported in : [1945]13ITR6(Cal)

..... the method of paying him a lump sum down. i cannot regarded these payments as in any sense remuneration which is to be related to his contract of employment. therefore, in any opinion, schedule is not the proper schedule under which mr. asher would fall to be assessed in respect of ..... thought from that information that his occupation was more the occupation of a manager, or person of that kind, who is engaged under a service contract to manage a business or some particular branch of a business. i have yet to learn that a manager or a managing director is carrying on ..... argued that we ought to regard that particular occupation in the same light as that of a professional artiste who makes his income by entering into contracts periodically with managers for whom he performs. an example of that was the well-known case of davies v. braithwaite, where that question was discussed ..... by counsel for mr. asher with admirable clearness and was rested on several alternative arguments. first of all it was said the receipts under this contract are receipts which would fall into calculation for the purposes of assessment under case ii of schedule d which deals with 'tax in respect of any ..... the cost of production of these two pictures incurred by the respondents. therefore, on that basis, those percentages were treated for the purposes of the contract as being percentages of the amount of profits which the respondent would receive by the exploitation of the films. this is the general nature and intent .....

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Jan 05 1943 (PC)

Bengal and North Western Railway Co. Ltd. Vs. Sobrati Mia S/O Nafi Mia ...

Court : Kolkata

Decided on : Jan-05-1943

Reported in : AIR1944Cal50

..... petitioner on this point. the case is therefore governed by sections 151 and 152, contract act. in my judgment the learned judge dealt with the ease properly on that footing. the bailee is bound to take as much care of the goods ..... consignor knew the meaning of the hieroglyphic 'h' and that he accepted it as part of the contract. if this was so, it would really be unnecessary to execute the risk note at all. i have no hesitation in overruling the con- tention of the ..... not be justified in realising further money when the freight has been wrongly calculated. but even supposing that the railway receipt did contain the terms of the contract, it does not contain anything about the risk note. this is added in writing by the booking clerk. it would have to be proved that the ..... the most that can be said is that it is a matter of evidence.6. the question, therefore, remains whether this receipt contains the terms of the contract. it has been placed before me and it contains no terms whatsoever. it is merely evidence to show that certain goods were placed in the custody of ..... upon the basis that the matters referred to are conclusive proof that the risk note was executed or upon the basis that the railway receipt forms the contract between the parties. it appears to me that the learned judge intended to base his decision apon the latter finding. he certainly does not say that .....

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