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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1946 Page 1 of about 17 results (0.015 seconds)

Apr 12 1946 (PC)

H.H.B. Gill and ors. Vs. Emperor

Court : Kolkata

Decided on : Apr-12-1946

Reported in : AIR1947Cal162

..... facts into consideration; in particular he believed that gill accepted a number of comparatively small presents from lahiri and in the absence of proof that gill acted improperly in handling contracts as a result of those payments or that government suffered loss he held that short sentences of imprisonment would meet the ends of justice. he also imposed sentences of fine ..... cheat the government of india in the department of supply by dishonestly or fraudulently inducing its financial officers to pay larger sums of money than due (in respect of specified contracts) by means of false representation regarding...the rates quoted by baranagore engineering works and character and capacity of supply made by them in preference to those of other firms.the ..... gill had been taking illegal gratification from lahiri and that from official records it appeared that gill had been showing undue favour to lahiri in connexion with the latter's contracts and in particular that gill showedan amount of eagerness to place orders with accused lahiri in preference to other firms and that in doing so he wilfully misrepresented facts ..... chief presidency magistrate, at that time mr. r. gupta, alleging against gill and lahiri, that between march 1941 and july 1942 gill held the post of deputy assistant director of contracts and deputy controller of purchase at calcutta under the chief controller of purchase (munitions) in which capacity he was responsible for the issue and acceptance of tenders for purchase of .....

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Apr 18 1946 (PC)

Muralidhar Jalan Vs. Paresh Chandra Chatterjee

Court : Kolkata

Decided on : Apr-18-1946

Reported in : AIR1947Cal14

..... seems to have been put in view of the postscripts, in ex. 71. that postscript runs thus:though we expect to deliver the goods timely against contract, we shall not be responsible for failure to deliver or for late delivery of goods due to consequences of war or warlike operations.4. we have no ..... to consider whether the evidence given in support of the claim for damages is satisfactory or not, because we are of opinion that there was no contract between the defendant and the plaintiffs as alleged in the plaint. it appears from the evidence that there were no dealings between the plaintiffs and the defendant ..... 16-12-1940. that document is printed at pp. 18 and 23 part i of the paperbook. the learned subordinate judge held, that there was no contract as alleged by the plaintiffs but there was only a standing order on the defendant to supply chests, meaning thereby that the defendants were entitled to charge ..... bills amounting to rs. 4000 odd had not been honoured by payment by the plaintiffs. the main defence of the defendant was that there was no contract as alleged in the plaint. in his written statement the defendant prayed for a decree for the sum of rs. 4300 odd in respect of which ..... been marked as ex. 63 and the further letter of the defendant to them dated 13-3-1939 which has been marked as ex. 64 constituted the contract. there was further correspondence between the plaintiffs and the defendant before 16-2-1939, but those letters are not material except one which has been marked as .....

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Jul 09 1946 (PC)

P.K. Banerjee Vs. L.J. Simonds and anr.

Court : Kolkata

Decided on : Jul-09-1946

Reported in : AIR1947Cal307

..... are sought against the respondents, cannot be made. it seems to me that the principle which the appellant wishes to establish is that, whenever a contract is made with regard to the purchase or sale of goods by the government or by some accredited agent on its behalf, the other party can ..... , and independently of any duty which as servant ho may owe to the crown, his principal.their lordships make no reference to a right under contract being enforceable by mandamus; they clearly enunciate that the duty imposed upon a public servant, which can be the subject of mandamus is a statutory ..... is stated that by notification dated 16-7-1943, as amended by notification dated 20-4-1944, the governor, general in council declared that all contracts and assurances of property belonging to the government might be executed on his behalf by the several authorities mentioned in para. 8 of the affidavit. ..... the governor-general in council or the governor-general, as the context may require.30. the goods, which were the subject of the appellant's contract, were surplus stores acquired for use in the prosecution of the war and were acquired for the purpose of the federation and their disposal is regulated ..... under section 45. he pointed out that : the goods are at chittagong, outside the court's ordinary original civil jurisdiction, where delivery under the contract was required to be given; the orders of court sought by the application are for the acts of delivery of the goods, of forbearance from selling .....

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Jul 11 1946 (PC)

Subodh Chand Mitter Vs. Bhagwandas Sha

Court : Kolkata

Decided on : Jul-11-1946

Reported in : AIR1947Cal353

..... advanced on the authority of loffus v. maw (1862) 3 giff. 592, expressly rejected it. in deciding the latter case, where there was no contract, lords cranworth, wensleydalo and westbury applied the doctrine of estoppel by representation, but the lord kingsdown applied the doctrine of part performance, as was pointed ..... . duke of beaufort v. patrick (1853) 17 beav. 60 compensation was allowed to the real owner after holding that he was bound by an implied contract. the indian cases relied on viz., badal chandra v. debendra nath : air1933cal612 and karan singh v. budh sen : air1938all342 do not discuss the principles ..... proved and could have been enforced if steps had been taken in time. respondent, however, does not seek relief on the basis of that oral contract.26. there was also no misrepresentation as to existing facts. mr. mitra suggested that appellant's assurance that the respondent would never be ejected or ..... from this point of view. we have been in-formed that suit for specific performance of that contract is now barred by limitation.7. in the meantime the original plaintiff and the original defendant have both died. amar chand mitter has been ..... court. the question was then raised whether the respondent was still in a position to institute a suit for specific performance of the oral contract entered into by the parties to grant a permanent lease of this property. an adjournment was granted to enable the parties to examine the position .....

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Jun 10 1946 (PC)

Kashi Nath Mukherjee Vs. Nil Ratan Saha and ors.

Court : Kolkata

Decided on : Jun-10-1946

Reported in : AIR1947Cal304

..... such deposit. if we are right in the view we take, the plaintiff's claim cannot manifestly be supported under section 69.13. can section 70, contract act, then, avail the plaintiff? that section provides as follows:where a person lawfully does anything for another person, or delivers anything to him, not ..... pay the rent that, was due upon the property, when he made the purchase, could not be regarded as a person who under section 69, contract act, was entitled to call upon the defendant to make good the amount that he had paid.8. mr. ghose's point was that the learned ..... ghose argued that the interpretation, which the learned judges who decided manindra chandra nandi v. jawahir kumari ('05) 32 cal. 643 put upon section 69, contract act, was manifestly contrary to or inconsistent with the wording of the section itself. the contention in that case on behalf of the plaintiff appellant was that ..... execution of a rent decree, he could not be said to have paid it merely as a person 'interested in making the payment.' section 69, contract act, would not apply in favour of such a purchaser making a payment in such circumstances.7. the correctness of this decision was strenuously challenged before ..... for the payment he had made.5. both the courts below accepted the defence plea. the case was considered with reference to sections 69 and 70, contract act, and on general grounds of equity, but neither under the statute nor on principle was the plaintiff held entitled to succeed.6. in support of .....

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Apr 18 1946 (PC)

Narendra Nath Mitter Vs. Rampal Singh

Court : Kolkata

Decided on : Apr-18-1946

Reported in : AIR1947Cal378

..... an agreement is enforceable in law, we think that the proposal made by the commissioner on 27-7-1942 and accepted by the (plaintiff constitute a contract of which the plaintiff is entitled to specific performance.9. in the view we take with regard to the first point of controversy, the second point, ..... merely passed orders cancelling the lease granted by the collector, and sanctioning a lease in new terms, and these are not final orders by which any contract was or could be concluded, but were subject to the provisions of sections 67 and 68 of the act, which are in the widest possible terms ..... powers delegated under section 15 of the act was the act of an agent binding on the principal and when accepted by the plaintiff constituted a completed contract enforceable by law. he held further that this act was not subject to any appeal or revision under section 67 or 68, court of wards act, ..... either on the covenant contained in the original lease or on the case made out in the plaint. he held further that there was no concluded contract for lease with the plaintiff because the collector had no power to make any settlement unless approved by the commissioner and that the settlement made by ..... 6) was there any concluded valid agreement for lease of the disputed hat with the plaintiff as alleged? is he entitled to a specific performance of the said contract? if so, under what terms? (7) to what relief, if any, is the plaintiff entitledthe learned trial court answered issues 3 and i in favour of .....

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Apr 16 1946 (PC)

Jnanendra Narayan Vs. Naba Kumar Singha

Court : Kolkata

Decided on : Apr-16-1946

Reported in : AIR1947Cal141

..... is controlled by stringent provisions. the principal relief which the act has forged for the borrower is relief from the burden of interest. notwithstanding the contract interest is not to exceed a certain percentage and the lender cannot recover interest which is in excess of the principal of the loan or the amount of the outstanding ..... and to furnish statements of accounts about the loan to the borrower, etc. control and regulation of money-lending are attained by not letting the money-lender have whatever his contract with the borrower would allow him to have, and as interest is the essential and most oppressive part of a money-lending .....

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Jun 06 1946 (PC)

Ram Mohan Rao Vs. Lalit Chandra Sen Gupta and anr.

Court : Kolkata

Decided on : Jun-06-1946

Reported in : AIR1947Cal351

..... , with the end of a month of the tenancy: aklu v. emman 3 a.i.r. 1916 cal. 358.15. since, there is absence of a valid contract, it cannot be said that the time limited by the lease was 'expressed as commencing from a particular day' and therefore, para. 1 of section 110, t.p ..... take into consideration, was the registered document itself or secondary evidence of the contents of the document. as there was no registered document the terms of the contract could not be proved for the purposes of the present suit.13. the appellant accepted this position but argued, relying on the case in adinath bhattacharjee v. ..... v. salsiccioni and pointed out that the very argument relied upon by the learned district judge has been considered and repelled in that decision.11. the contract was an oral contract. it is stated in the appellant's letter of 11th november 1941, that one of the terms of the agreement was:(2) i shall occupy ..... ejectment and for damages for use and occupation of the premises after termination of the tenancy by notice. the material facts are these:2. there was an oral contract between the parties regarding the lease of premises no. p. 15 lansdowne road extension (ground floor) and defendant 1 wrote a letter to plaintiff on 11-11 ..... , t.p. act, was still applicable.14. i am not satisfied that this is the correct view. it seems to me that the actual contract between the parties was one which the law does not allow to be proved and given effect to, and that therefore, there was no valid .....

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May 03 1946 (PC)

Suresh Chandra and ors. Vs. Benoy Kumar Acharjya and ors.

Court : Kolkata

Decided on : May-03-1946

Reported in : AIR1947Cal267

..... the obligation created in 1913, for the object of reopening is to take accounts in a manner laid down by the act in supersession of the manner provided for by contract between the lender and the borrower and there is no other object. on the reasons we have given in jnanendra narayan v. naba kumar : air1947cal141 the bond of 1932, which ..... under the mistaken belief that the creditor had not then lost the right to recover it by suit by reason of lapse of time. what clause 3 of section 25, contract act, in substance does is not to revive a dead right, for the right was never dead at any time, but to resuscitate the remedy to enforce payment by suit ..... the parties had replaced by contract is in its turn to be replaced by the court in an inverse order, when it is exercising its powers of reopening. he submits that if the transaction represented by ..... upon a prior connected transaction. in other words, reopening a transaction means the replacement of the obligation of the borrower created by it by another and prior obligation which by contract between the borrower and the lender had been replaced either immediately or immediately by the obligation of the transaction to be reopened. in effect it comes to this : that what .....

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Jun 20 1946 (PC)

Durga Sankar Sukul and ors. Vs. Prafulla Chandra Nag and ors.

Court : Kolkata

Decided on : Jun-20-1946

Reported in : AIR1947Cal294

..... 36, clause (1) for the purpose of giving relief to the borrower if the principal and interest claimed in the suit on the basis of the contract contravenes section 30. otherwise, there would be no necessity to repeat the provisions of section 30 in section 36, clause (l), sub-clause (c). ..... for other causes. in those cases the new promissory note does not discharge the earlier one which can be enforced in view of the implied contract to repay money lent. this proceeds upon the principle accepted by the judicial committee of the privy council in har chandi lal v. sheoraj singh ..... obligations in substitution for the previous securities. indeed, this high court has consistently maintained that whether there was an agreement to substitute a new contract or not is a question of fact depending on the intention of the parties. one should look to the substance of the matter and not ..... a ease where the adjustment or agreement extinguishes the previous obligation and replaces it by another or substituted obligation within the meaning: of section 62, contract act. the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by ..... the terms of the original bond on which the loan was advanced in a sense may be taken to create a new obligation, for the contract so altered would certainly be different from the original one. but that by itself is not sufficient to attract the proviso. the proviso lays down .....

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