Skip to content

Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1952 Page 1 of about 29 results (0.015 seconds)

May 16 1952 (HC)

Bhuwalka Brothers Ltd. Vs. Dunichand Rateria

Court : Kolkata

Decided on : May-16-1952

Reported in : AIR1952Cal740,56CWN685

..... . 111,'this business, when carried on for the sake of profit, may, no doubt, in borne sense of the word, be called a trade. but contracts of indemnity made by insurers can scarcely be considered trading contracts, nor were insurers who made them held to be 'traders' under the english bankruptcy laws; they have been made subject to those laws by special description ..... jute mills association printed forms, and the defendant agreed to sell b-twill bags (jute goods), october-december 1949 delivery. on 28th september 1949, the plaintiff made three cross contracts (settlement contracts as they are usually called) with the defendant to sell back the goods to the defendant, delivery october-december 1949, and agreed to pay the difference at certain rates on ..... most important question in both appeals related to the distribution of legislative powers between the parliament of canada and the legislatures of the provinces, and the question was whether the contracts of insurance came within the words 'property and civil rights' or 'eegulation of trade and commerce'. on the part of the respondent it was argued that the ontario act in ..... , or has control over, a godown and other means and equipments necessary for the storage and supply of jute goods. section 3 gives power to the provincial government to prohibit contracts relating to jute goods futures. that section provides that the provincial government may, from time to time, if it so thinks fit, by notification in the official gazette, prohibit .....

Tag this Judgment!

Apr 29 1952 (HC)

Edward Ezra and ors. Vs. the State

Court : Kolkata

Decided on : Apr-29-1952

Reported in : AIR1953Cal263,56CWN875

..... quotations from certain individual firms and placing reservation orders had particularly been resorted to, because the leisurely procedure of inviting cpen tenders by means of advertisements and concluding formal contracts through the indian stores department was wholly out of place during the emergency of the war when quick supplies of enormous quantities of stores were needed for urgent military purposes ..... in this procedure so far as appropriations were concerned and it increased towards the latter part of the period of conspiracy when the reservation orders came to contain a 'break contract' clause which expressly authorised phillips to cancel an order at his pleasure, the contractors willingly submitted to it, because they knew that the system had been devised in the ..... the direct purchases by himself possible and conferred on them an external appearance of regularity. these reservation orders or copies of them were never sent to the higher authorities, although contracts of their value could only be made by the indian stores department or, in rare cases, by phillips under authority delegated by them. the method followed was that after ..... came to be the person who handled the business with the contractors in the first instance, selecting firms to be included in the approved list and recommending firms to which contracts for supply might be given. as all business relating to purchases was transacted through him and all relevant papers passed through his hands, he had to be taken into .....

Tag this Judgment!

Jan 15 1952 (HC)

Indian and General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja ...

Court : Kolkata

Decided on : Jan-15-1952

Reported in : AIR1952Cal508

..... various indian creditors and release attachments in execution of decrees passed by indian courts. the only fact upon which the plaintiffs can possibly rely is the fact that under the contract certain moneys (repayment of principal, interest, commission etc.) were to be paid in london. does that amount to an implied submission to the english court and make the english law ..... an analogous jurisdiction to foreign tribunals is uncertain, for authority can be 'rousillon v. rousillon' (1880) 14 ch d 351, cited for the proposition that the mere circumstance of a contract having been made in a foreign country does not give jurisdiction to the courts thereof. even this amount of respect for the 'forum obligationis' cannot be explained by the principle ..... , as the french and english, arrogate to themselves jurisdiction wherever of false principle of international law they may choose to regard the obligation as subject to their jurisdiction because the contract was made within their limits, the result will be that other 'nations will justly treat their decrees as nullities.'31. it must not be forgotten that a cause of action ..... and made the following endorsement:'i am a non-resident foreigner holding no property moveable or immoveable in england. the english courts have no jurisdiction upon . me or under the contract.'the respondent did not enter appearance in 'the english actions and on or about the 17th november 1949, the plaintiffs took out two master's summonses, addressed to the defendant .....

Tag this Judgment!

Mar 18 1952 (HC)

Calcutta Motor Cycle Co. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Mar-18-1952

Reported in : AIR1953Cal1

..... on the point, it is notorious that crown procedure in england is a highly technical procedure and is a peculiar growth of english legal history. in the realm of contract, the subject in english can adopt a proceeding against the crown known as petition of right. a long history struggling to extend gradually the liability of the crown culminated ..... the responsibility of a railway administration for loss, destruction or deterioration appears from section 72, railways act, subject, no doubt, to the provisions under sections 151, 152 and 101, contract act. again under section 76, railways act, express reference is made to burden of proof in suits against a railway administration for compensation for loss, destruction or deterioration. railway administration ..... , constitution subject however to such legislative amendments, parliamentary or state, as are valid and permissible. the group of articles from 294 to 299 of the constitution dealing with property, contract, rights and liabilities does not lead to any different conclusion either. in fact under article 294(b) of the constitution it is provided expressly that all rights, liabilities and obligations ..... the government to pay whatever money had been advanced by the plaintiff for purchase of stores in course of his employment as the purchasing agent. this was another case on contract decided by two learned judges on the original side. mitter j., who delivered judgment in that case at p. 272 observed :'the words by which the second head of .....

Tag this Judgment!

Aug 08 1952 (HC)

Juggilal Kamlapat Vs. N.V. Internationale Crediet-En-Handels Vereening ...

Court : Kolkata

Decided on : Aug-08-1952

Reported in : AIR1955Cal65,58CWN731

..... of the respondent in their statement before the bengalchamber of commerce which was as follows:'we await your decision whether we are entitled to claim from sellers the difference between contract price and price at which we have been obliged to cover and also costs, and interest for having had to keep letters of credit available.'22. it is contended ..... parties did intend to rescind the earliercontract of september. it is not possible to laydown any general principle, but where thealteration is such that the conditions of the earlier contract cannot be restored without placing one of the parties under a permanent and substantial disability there is a strong prima facie probability of an intention to rescind.'13. lord dunedin ..... very root of the first inconsistent with it.'in the same case at page 38 lord parmoor observes thus:'it is clear that these terms are an alteration ofthe september contract, but this in itself wouldnot be sufficient to support the plea of rescission. it is necessary further to enquire whetherthe conditions have been so changed in theiressential character that ..... enclosed copies ofentire correspondence with their statement. thelast paragraph of their statement is as follows:'we await your decision whether we are entitledto claim from the sellers the difference betweenthe contract price and the price at which wehave been obliged to cover, and also costs andinterest for having had to keep letters of creditavailable.'6. after this reference to arbitration the .....

Tag this Judgment!

May 30 1952 (HC)

Nityananda Ghose Vs. Rajpur Chhaya Bani Cinema Ltd.

Court : Kolkata

Decided on : May-30-1952

Reported in : AIR1953Cal208

..... of the applicant. but before i do so it is necessary to observe that the court's power to stay the suit at its discretion is 'notwithstanding any contract to the contrary.' any contract, therefore, between the mortgagor and the mortgagee excluding the relief conferred on the mortgagor under section 68(2) cannot override or fetter the discretion of the court if ..... on equitable mortgage. i do not wish to express any opinion on the point whether section 68(1)(a), t. p. act must mean an express contract and not a contract implied by law as wort a. c. j. in that patna case seems to suggest. i consider that point will in future in a proper case require a ..... . surajdeo sahi', reported in 17 pat 737 that the personal covenant to repay the loan contemplated in section 68(1)(a), t. p. act refers to an express contract in contradistinction to a contract implied by law. that case concerned a usufructuary mortgage & it turned on the construction of the particular deed before that court, and cannot be taken as an authority ..... that security should be called up first before personal liability is enforced. the reason is that by engaging into an independent contract for a debt as evidenced by a promissory note the debtor indicates to the creditor by such a contract that he brings an independent personal liability to answer the loan apart from what inheres in a mortgage with personal liability .....

Tag this Judgment!

Mar 12 1952 (HC)

Nicholas Schinas Vs. Nemazie and anr.

Court : Kolkata

Decided on : Mar-12-1952

Reported in : AIR1952Cal859

..... answered this issue and have held that this suit is barred by limitation against the second defendant. on the finding that it is a time contract and the contract expired on 27-8-1941, the suit against the second defendant would in any event be barred in 3 years' time thereafter. no suit ..... for his employment.i see nothing in the indian merchant shipping act or in maritime jurisprudence which excludes the operation of this basic notion of ordinary contract. this principle is also recognised in english law as will be found on a reference to eoscoe's admiralty (5th edition) pp. 213-14 ..... governs the incidents and mode of performance. it is also said that lex loci contractus governs the nature and interpretation of the obligation of the contract. the learned author at p. 337 says that the distinction between obligation and performance must not be blurred.but nevertheless that distinction in some cases ..... a universal principle of unfailing application to every case. the true approach, it appears to mo, should be guided by consideration of the entire contract in each individual case and examination of its terms and the decision as to which test-lex loci contractus or lex loci solutionis-will apply, ..... jurist, tender to the doctrine of lex loci for he says :'the general rule is in conformity to the presumed intention of the parties that the contract as to its validity, nature, obligation and interpretation is to be governed by the law of the place of performance.'dicey, the well-known english .....

Tag this Judgment!

Sep 09 1952 (HC)

Nand Kishore Vs. International Mercantile Corporation (India) Ltd.

Court : Kolkata

Decided on : Sep-09-1952

Reported in : AIR1953Cal415

..... judgment was reversed on appeal in - and this fact was treated as irrelevant. proof of the commission of offence is not a necessary part of the defence under section 23. contract act: per lord atkin in - .59. the principle is that 'you shall not take a trade of a felony'. such trading need not necessarily be upon the assumption that the ..... the interests of justice,and must not seek his own advantage. it onlyremains to say that such agreements are fromtheir very nature seldom set out on many other contracts, they have to beinferred from the conduct of the parties aftera survey of the whole circumstances.' 57. in this case prosecution for an offence under section 406, penal code, was ..... . mookerjee in - 'sudhindra kumar v. ganesh chandra' : air1938cal840 .58. it is true that a motive for a contract is not necessarily one of its considerations. at the same time a consideration of the contract is always a conventional motive or inducement for entering into the contract. 'it is of the essence of a consideration that by the terms of the agreement it is ..... kalidas the mortgagor's husband. if established, this would plainly afford a defence under section 23 of the indian contract act (ix of 1872). x x x x it is of the essence ofthe defence that the defendant should establish a contract whereby the proposed oractual prosecutor agrees as part of the consideration received or to be received by him,either not .....

Tag this Judgment!

Jan 11 1952 (HC)

Puran Chand Burman and anr. Vs. Md. Latiff and anr.

Court : Kolkata

Decided on : Jan-11-1952

Reported in : AIR1953Cal566

..... the following clause shall be substituted and shall be deemed always to have been substituted, namely : (11) 'tenant means any person by whom rent is, or but for a special contract would be, payable for any premises, and includes (i) any person who is liable to be sued by the landlord for rent; and (ii) any person whose interest in the .....

Tag this Judgment!

Jul 11 1952 (HC)

Ganendra Kumar Vs. Narayan Chandra and ors.

Court : Kolkata

Decided on : Jul-11-1952

Reported in : AIR1953Cal562

..... needed for such a well known proposition reference may be made to the full bench decision of -- 'krishna kamal v. haru sirdar', 13 wr 44 (fb) (e) and section 28, contract act.14. for these reasons i respectfully dissent from that decision of gentle j. and i hold that the plaintiff applicant is entitled to the final decree that he has .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //