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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1953 Page 1 of about 28 results (0.020 seconds)

Apr 01 1953 (HC)

House Ltd. Agency Vs. Paints and Lecquers Ltd.

Court : Kolkata

Decided on : Apr-01-1953

Reported in : AIR1954Cal409

..... partner from prosecuting his action in the name of the firm or the stay has to be limited to such time as the suing partner furnishes the indemnity and security and decided cases are silent on the point what happens if no security is furnished at all. such a stay is in my view ..... eleventh edition of lindley's famous work on partnership lays down not only the principle of permitting the suing partners to continue the action by giving indemnity to the non-suing and non-co-operating partners in the action in the name of the firm but also the practice of staying such an action ..... appeal in -- 'johnson v. stephens & carter ltd.', (1923) 2 kb 857 (e), where atkin l. j. speaks with approval of the principle of indemnity as condition precedent as a general rule with the exception of the case where the dissenting partner has in breach of his duty to the plaintiff colluded with the defendant ..... co-partners and the procedure adopted by courts has been to stay the action until the partner bringing the action has given his co-partners a full indemnity coupled with security against all costs charges or liability by reason thereof. the annual practice in notes under order 48a, rule 1 of r. s. c ..... to realise and enforce such indemnity. after all the firm or the partnership is not a legal entity like a corporation or a joint stock company but is merely a compendious name for a group of persons called partners. if the majority of such partners by their very contract of partnership have stipulated that .....

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Apr 22 1953 (HC)

Kshitish Kumar Som Vs. State of Bihar

Court : Kolkata

Decided on : Apr-22-1953

Reported in : AIR1953Cal639

..... agent appointed by defendant, he alone is under the obligation to carry out instructions and he alone is liable to the defendant and can enforce the claim for damages or indemnity, if any, against the defendant. the two causes of action being thus entirely different and no leave having been obtained when motilal, the individual, desired to carry on the suit ..... according to law. thereupon, both the plaint and the written statement were ordered to be amended. by the amendment the plaintiff took alternative pleas under sections 65, 70 and 72, contract act, but no fresh leave was asked for or obtained. the learned judge said as follows : 'the wording and meaning of clause 12 of the letters patent, 1865, is clear ..... the defendant as mentioned in para 1 of the original plaint be discovered void, the defendant was bound to compensate the plaintiff for advantages enjoyed by the defendant under the contract.2. i shall proceed on the footing that the plaintiff wishes to introduce an alternative cause of action and for that purpose requires fresh leave under clause 12 of the ..... paper upon certain terms specified in the plaint. it is then stated that the plaintiff had supplied the defendant and the defendant had accepted 40 tons 756 lbs. of the contracted goods, as a result of which a sum of rs. 80,663/8/3 became due and payable, out of which the plaintiff had been paid a sum of rs .....

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Feb 24 1953 (HC)

Moran and Co. Ltd. Vs. Anderson Wright Ltd.

Court : Kolkata

Decided on : Feb-24-1953

Reported in : AIR1953Cal477,57CWN824

..... document. part of the goods covered' by the first mentioned document not being delivered by the respondents, the appellants preferred a claim against the respondents for damages for breach of contract which the respondents repudiated. the appellants then referred the dispute to arbitration under an arbitration agreement contained in that? document. an award was thereupon made in favour of the appellants ..... party to the contract and therefore to the arbitration agreement, he would have found that he had no jurisdiction to come to that finding. the other disputes raised in the suit, namely, the ..... existed and therefore he never could have had any jurisdiction to deal with that matter.'likewise, in this case if the dispute whether the appellant was a party to the contract containing the arbitration agreement, was within that agreement and this dispute was referred to an arbitrator under that agreement and the arbitrator found that the appellant was not a ..... the view of the learned judge, the decision of the supreme court was undistinguish-able and excluded the contention that such a question was a question as to whether any contract had ever been entered into at ail between the parties and therefore outside the jurisdiction of arbitrators. accordingly, he made the order appealed from, staying further proceedings in the .....

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May 28 1953 (HC)

Ajit Kumar Roy Vs. Surendra Nath Ghose

Court : Kolkata

Decided on : May-28-1953

Reported in : AIR1953Cal733,57CWN627

..... previous period, only the rent for november, payment or deposit after 30-11-1950 for all other months prior to that month would be too late under the contract assumed or under the act of 1950. on 30-11-1950, therefore, the position is that the tenant would be deemed to have made default in payment ..... been payable by him. up to 30-11-1950, he, however, had not paid rent because he could not do so. after 30-11-1950 assuming the contract was to pay the rent by the fifteenth of the following month, which would be a very liberal assumption to make, he could pay or deposit in respect ..... 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 ..... months' rent legally payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract, or in the absence of such contract by the fifteenth day of the month next following that for which the rent is payable or by not having been validly deposited in accordance ..... in payment of rent contemplated by the proviso must be failure to pay or deposit within the time limited by the contract of tenancy or by the rent act where there is no provision in the contract. if the tenant could pay or deposit all arrears at any time and thereby avoid being in default the proviso .....

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Dec 11 1953 (HC)

Sohanlal Pachisia and Co. Vs. Bilasray Khemani and ors.

Court : Kolkata

Decided on : Dec-11-1953

Reported in : AIR1954Cal179

..... the defendants were to deliver the shares and the plaintiff firm was to pay for the same within 3 days from the date of the contract. the contract relating to the transaction was numbered 499 and dated the 29th november 1944. the time for delivery was however extended from time to time by ..... along knew that the principal party in the transactions in suit, was the plaintiff firm, and he had dealt with the plaintiff firm as the contracting party. the correspondence, the books of account and other documents upon which reliance has been placed by the plaintiff, and to which i have already ..... yet he has not made any serious suggestion that there was any disclosed or undisclosed principal for whom the plaintiff firm acted as broker in respect of the contract dated 29th november 1944.16. mr. agarwala has drawn my attention to the case of -- 'sewdut roy maskara v. nahapiet', 34 cal 623 ( ..... .12. the receipt or the memo of confirmation (ex. o) which is signed by bilasrai khemani describes the transaction as 'their bought contract' that is, the bought contract of the plaintiff firm.13. the only fact which really militates against the case of the plaintiff firm that it was a principal party ..... -ria, (ex. i), which may bo said to record contemporaneous facts, states that the plaintiff firm had purchased from bilasrai khemani 4,000 shares under contract no. 499 dated 29th november 1944. the letter also records the fact that the date of delivery of the shares was extended by mutual agreement upto 20th .....

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Mar 05 1953 (HC)

Birla Jute Manufacturing Co. Ltd. Vs. Dulichand Pratapmull

Court : Kolkata

Decided on : Mar-05-1953

Reported in : AIR1953Cal450,57CWN756

..... the negative. from, one point of view, the arbitration agreement can be treated as severable, because the alleged contraventions of the ordinance which are said to have made the principal contract void, do not apply to the arbitration agreement. judged by the ordinance alone, the arbitration agreement stands apart & unaffected. but really it is not severable and cannot escape the effect ..... the arbitration agreement and, consequently, there cannot be a reference to arbitration on the basis of an agreement of such disputed validity, because, in the first place, if the principal contract be invalid, the agreement can be of no effect, and, in the second place, in deciding the dispute, the arbitrators will be deciding their own jurisdiction. a dispute as to ..... no reason why they could not validly and effectively submit even the question of the legality of the principal contract, if they used sufficiently wide language, as the parties in the present case had done. in support of his contention, mr. ginwalla referred to certain observations of lords wright and ..... in the suit. 14. in support of the appeal, mr. ginwalla contended in the first place that simply because the dispute in the suit concerned the validity of the principal contract itself, it could not be held that that dispute was necessarily outside the arbitration clause. parties, mr. ginwalla argued, might submit to arbitration any question they liked and there was .....

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Apr 01 1953 (HC)

Mahadeodas and ors. Vs. Gherulal Parakh and ors.

Court : Kolkata

Decided on : Apr-01-1953

Reported in : AIR1958Cal703

..... india. in deciding whether dealing in differences is opposed, to public policy it is well to remember that the legislature of the country deliberately recognises the making of the wagering contracts, and derives considerable revenue therefrom. opinions may vary whether such transactions are best suited for the economic or cultural interest of the people. it will be disastrous however for courts ..... were accepted by mahadeodas as karta of mahadeodas surajmall. the agreement was clearly to form a partnership and the evidence leaves no doubt that the partnership did business in forward contracts with the hapur firm.13. there can be no doubt that at least two persons weie members of the partnership -- mahadeodas maiya and gherulal parakh. the fact that both of ..... mahadeodas maiya and on receiving it mahadeodas maiya who was the karta of the firm accepted the offer and entered on the basis of the agreement thus concluded into forward contracts with baldeo sahay surajmull of hapur admits of no manner of doubt. shibcharan das, the partner of the firm of baldeo sahay surajmull was examined on commission. his evidence on ..... -1937. it is in these words :'to bhai mahadeo das surajmull of darjeeling written by ramlal gherulal from darjeeling whose compliment please accept. further we shall share equally in all contracts of purchase and sale teji mandi, lagonakhsana made from this day with baldeo sahay surajmull in hapur in respect of wheat, whatever profit or loss shall result from the same .....

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Feb 06 1953 (HC)

India Hosiery Works Vs. Bharat Woollen Mills Ltd.

Court : Kolkata

Decided on : Feb-06-1953

Reported in : AIR1953Cal488,57CWN500

..... it applied to the court.12. the learned advocate for the appellant contended that the arbitration act was restrictive of the general rights of parties under the contract act and, therefore, it ought to be strictly construed and words ought not to be read into section 8(1)(a) which were not there. i ..... 'eyre and leicester corporation', in re (1892) 1 q. b. 136 (a). i do not think that case is of any real assistance. there, the contract provided for reference to 'the arbitrator or umpire' to be appointed 'in accordance with clause 39 of the specification'. it is thus clear that the appointment of only ..... of rs. 15,000/. it was alleged further that the appellant was wrongfully denying the respondent's claim and asserting that it had rightly cancelled the contract and had refused to concur in the appointment of one hiralaljee whom the respondent had nominated in terms of the arbitration agreement to act as the sole ..... j.1. this appeal involves a short point under the arbitration act, 1940, arising out of the following facts.2. on 25-8-1951, a contract was entered into between the appellant, the india plosiery works, and the respondent, bharat woollen mills ltd., by which the respondent agreed to- sell and ..... agreement be filed in court, for appointment of an arbitrator and for a reference oi' the dispute which had arisen out of the contract to the arbitrator so appointed. it was alleged in the application that the appellant had wrongfully failed and neglected to take delivery of the .....

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Feb 11 1953 (HC)

Union of India (Uoi) Vs. Kishorilal Gupta and Bros.

Court : Kolkata

Decided on : Feb-11-1953

Reported in : AIR1953Cal642

..... . no party thenceforth will have further and other claims against the other. there is complete and immediate abrogation of the contract. the parties have settled all their disputes directly. there is accord and satisfaction by substituted agreement. the substituted agreement discharges the existing causes of action. it also totally discharges ..... unpaid. the default does not revive the old rights and obligations. by clause 5, the substitutedpromise is to be secured by hypothecation. clause 6 clenches, the issue. the contract stands finally concluded in terms of the settlement. the conclusion or termination is immediate. it is in terms of the settlement or the bargain which is embodied in the document ..... arbitration clause ceases to exist with reference to the disputes which are thus settled. they may also enter into a substituted agreement in complete supersession of the original contract and thereby abrogate the contract and the arbitration clause contained in it. 33. let us now turn to the document dated 22-2-1949. the parties had arrived at a settlement ..... becomes a new departure and the rights of all the parties are fully represented by it.' 30. the accord and satisfaction discharges the causes of action for breaches of contract already committed. where the accord and satisfaction is by substituted agreement it is a question of construction of that agreement whether it also extinguishes all pre-existing rights and .....

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Aug 03 1953 (HC)

Hindustan Motors Ltd. Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Aug-03-1953

Reported in : AIR1954Cal151

..... he disclaimed any intention to urge any such point. he was certainly logical in doing so, because in his scheme of argument the departmental instructions with respect to foreign exchange contracts had no place. i might, however, observe that although estoppel against a statute may not be wholly inconceivable as between two private parties, claiming under so:ne ordinary act ..... they are clearly invalid and ineffective, as the learned judge rightly held. they have now been replaced by fresh instructions which state specifically that the benefit of the forward exchange contracts is to be given only to the extent of ordinary market fluctuations in the exchange rates, 'as opposed to abnormal or statutory changes such as devaluation' (see the correction ..... contentions alone. he did not say that the departmental instructions had the force of law, nor that the central board of revenue could not withdraw the concessions regarding foreign exchange contracts, nor that section 39 was not applicable.instead, he urged that the action of the customs authorities was 'ultra vires' the sea customs act, inasmuch as by making ..... 1950, the customs authorities stated that the extra demands were being made, not because there had been a wrong assessment, but because the concession with regard to foreign exchange contracts had been disallowed by the government of india and therefore the post-devaluation value had to be taken for all the consignments. sundry correspondence followed to which detailed reference has .....

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