Court : Kolkata
Decided on : Sep-03-1956
Reported in : AIR1957Cal617,61CWN389
..... of 1936 and various appeals and proceedings in connection therewith ..... rs. 10,000-0-0. total 2,29,178-4-3 10. the suit was founded principally upon an alleged contract of indemnity, express or implied in the agreement, flowing from the certificate officer's acceptance of the judgment-debtors' offer of payment of rs. 1,60,000/- in full satisfaction of ..... appeal to that item of claim only and that also on the ground of tort alone. the case of contract has not been urged before us as, apart from other infirmities of the alleged contract, it is difficult to discover in it any contract of indemnity which was essential to support the plaintiffs' claim under that head. we would, therefore, confine our discussion only ..... subordinate judge in support of the claim. the learned subordinate judge held that there was no binding contract between the parties, -- in any event, no contract, enforceable in law, -- and there was not the least warrant for finding, either in law or in fact, any contract of indemnity, express or implied. he further held that there was no tort, committed by or attributable to .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-13-1956
Reported in : AIR1957Cal613,61CWN235,(1957)IILLJ440Cal
..... the deceased was employed directly under the appellant company, the order made by the learned commissioner could be upheld, although to maintain the order for indemnity would in that event be inconsistent.8. i think, however, that mr. mukherjee's contention is not correct. he relied on as many as ..... the appellant was admitting to have been the principal, as contemplated by section 12(2) of the act. the prayer for an order of indemnity against hazara singh and for leave to make him a party was clearly a prayer in the alternative, the necessity for its consideration being contingent ..... business which was entrusted to their independent contractor and for which the opposite party no. 1 (that is to say, the appellant-company) prayed for indemnity against the said independent contractor' proceeding to express what appears to be his own finding on the facts, the learned commissioner observes as follows:'the fitting ..... against messrs. s. kaloo and sons, they pleaded that they had entered into a contract with insan sardar for the execution of the work by him and that consequently they were entitled to an order of indemnity against insan sardar. that contention was repelled and the court held that the deceased had ..... been employed directly under messrs. s. kaloo and sons and that if there was a contract with insan sardar at all. it was not a contract to do the whole or any .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-25-1956
Reported in : AIR1957Cal336
..... society or on new circumstances and situations arising.53. what is the rule of public policy which js here being affected by enforcing the contract in question? the circumstances under which the defence of india act was passed and the rules thereunder framed or the control orders issued were ..... air1950mad444 (e).49. what is the ratio decidendi arising on the decisions referred to? what is regarded as forbidden by law under section 23, contract act? except for certain observations in some of the judgments of the madras high court, the decisions rest on the principle that when there is a ..... framed under that act specifically provided apart from the conditions incorporated in the license that the right under a license was not transferable. a contract was entered into between the holder of the license and the plaintiff who claimed accounts under which he was entitled to the profits and to ..... velu padayachi v. sivasooriam pillal, : air1950mad444 , horwill, j. delivering the judgment of the full bench observed that irrespective of the facts whether the contract for partnershipwas entered into before the license had been granted or subsequent to the issue of the license, the result would be the same. the partnership ..... take part of the management with an indemnity clause which gave him the immunity from being liable for any loss. the learned judge held that the plaintiff was not entitled to claim the benefits of that contract as he had under the same introduced himself into a .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-10-1956
Reported in : AIR1956Cal555
..... thereof of the owner or the driver of the vehicle. motor vehicle policies frequently contain clauses restricting the liability of the insurer in various ways viz., indemnity aforesaid may be limited by reference to the driver of the vehicle or the purpose for which it is used; certain types of such restrictions were ..... c 50). similar provisions have not been introduced in the indian act.69. the nature of the policy of guarantee depends upon the term* of the contract read along with the provisions of the act.. sub-section (5) of section 95 of the indian act seems to provide that the cover is available ..... therefore contended that only if the company consents to a transfer of the interest in the policy the transferee will become entitled to the cover of indemnity but there is no proof in the present case that the company ha$ consented to such a transfer. the manager of the insurance company alleged ..... in connection with his business with him. he also has not preserved any accounts of the business with which he was concerned when he came into contract with biswanath.22. from the trend of the evidence as noticed above, we have to depend upon the father, the brother and the widow of ..... before us that even if it be held that the onus as to the existence of a tripartite contract is on the plaintiffs, the learned subordinate judge was correct in assuming the existence of such a contract relying upon the presumption under section 114, evidence act.63. the very principle underlying the stringent .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-13-1956
Reported in : AIR1956Cal275
..... formerly perhaps a nominee qua nominee could not demand from the insurance company such moneys on the ground that under the common law the nominee was no party to the contract of insurance and the insurance company had to enquire into the title of the representative of the estate of the assured, (sic). the statute, therefore, can easily ..... wife and did not remain part of the estate of the assured. mr. roy also drew my attention to the comments appearing in the 3rd edition of the law of contract by cheshire and fifoot at pages 361-62 where the learned authors say: 'the result of these decisions, it will be observed, is not merely, as in -- ..... not form part of the assets of the estate of the deceased. the plaintiff was no doubt the nominee of the deceased; but she was no party to the contract between the deceased and the insurance society.' the learned counsel for the applicant also relied on the observations of lord esher m.r., in - cleaver v. mutual ..... ' (1892) 1 qb 147 (b) which was quoted at p. 521 of that report of the calcutta decision and which observations were in these terms : 'the contract is with the husband and with nobody else. the wife is no party to it. apart from statute the right to sue on such a ..... contract would clearly pass to the legal personal representatives of the husband*** i think that apart from any statute, no interest would have passed to the wife .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-17-1956
Reported in : AIR1957Cal350,61CWN576
..... act, the cutting had to be in specified zones, but there is nothing to show that the parties did not intend to treat the contract as a contract of wood that already existed. but even if it was a sale of wood that would come into existence within a specified date, even ..... goods' include growing crops, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, notwithstanding the definition of 'immovable property' in section 3(25), general clauses act, 1897. the learned judge also referred to a decision ..... possession also has been taken.we hold that the respondent has no right to interfere with the rights of the several petitioners under the contracts and agreements in their favour set out in their petitions and we hereby issue a writ prohibiting the state from interfering in any manner ..... in the shape of tendu leaves, or lac, or timber, or wood.....there isnothing in the act to affect the validity of the several contracts and agreements. the petitioners are neither proprietors within the meaning of the act nor persons having any interest in the proprietary right through the proprietors ..... to consider. the first case is firm chhotabhai jethabhai patel and co. v. stats of madhya pradesh, : air1953sc108 . several petitioners in that case entered 'into contracts and agreement with the previous proprietors of certain estates & mahals in the state, under which they acquired the rights to pluck, collect & carry away tendu leaves .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-24-1956
Reported in : AIR1957Cal44,61CWN27
..... was somewhat surprised to hear that the liability of the drown in such a case is based upon what has been described by the additional government pleader as quasi-contract or implied contract, and i am bound to say that the case expressly negatives the very proposition for which it was cited. it is pointed out in that case that when ..... act could have noapplication but the case would come under article 36which provides a limitation of two years for suit?for compensation for any malfeasance, misfeasance or nonfeasance independent of contract andnot specially provided for. in delivering the judgment viscount dunedin made the following observations:'no doubt, if they can show that what was done falls within, the provisions of ..... levy or requisition, which is, by nature, fundamentally different from contractual obligations in that it arises out of a transaction, founded on compulsion as opposed to volition which underlies every contract and contractual obligation, would, in my opinion, be an unwarranted extension of the said ejusdem generis principle.32. i would also respectfully point out that, if claims for statutory ..... and, if that be so, the reservations, made in the quotations, set out above, must obviously refer to liabilities, arising out of certain transactions which are treated as special contracts at least for purposes of the above act and order.29. i would, accordingly, construe the phrase 'loans, guarantees and other financial obligations' as denoting only certain particular types .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-1956
Reported in : AIR1956Cal361
..... filed a suit for arrears of maintenance and residence which was ultimately referred to a private individual 05 the sole arbitrator. no special procedure was there available according to agreed contract of parties to guide the arbitration procedure.19. realising that difficulty mr. meyer then fell back upon another decision of this court in-- 'husein ebrahim v. kesardeo kanoria', : ..... not strict courts of law guided by the civil procedure code and evidence act laying down massive details of procedure.in the absence of any procedure, prescribed either by statute or by contract, the arbitrators must follow the principles of natural justice, or else there is nothing for the arbitrators to fall back upon to ensure fair adjudication. it will therefore ..... principles of natural justice.if the origin of the application of the principles of natural justice to arbitration procedure ia remembered then this confusion is easily avoided. when a contract or agreement for arbitration itself does not lay down any particular procedure for the conduct of the arbitration, the courts have said that the arbitrators must follow the principles ..... that section says is that the court remits the award or 'any matter referred to arbitration'. in other words, the reference to arbitration still exists. 'by clause 13 pf the contract in this case between the parties it was distinctly and expressly stipulated:'all matters, questions, disputes, differences & /or claims arising out of and/or concerning and /or in .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-27-1956
Reported in : AIR1956Cal525
..... is, therefore, allowed and the judgment and decree of the court below are hereby vacated. the claim of the plaintiff for specific performance of the contract hereby stands dismissed. but the plaintiff will get a decree against all the defendants for refund of the selami money of rs. 2,500/-. if this ..... be considered to be barred by res judicata. this contention arises in the following way. during the pendency of the suit for specific performance of the contract in the trial court which shall henceforth be called the title suit, the two appellants and their co-sharers, the pro forma respondents of this appeal ..... money from the respondent. there are also some statements in the letter which would throw a good deal of doubt on the conclusive nature of the contract. however, we are not discussing that question as it is unnecessary for us to discuss the same. suffice it to say that nalini was making ..... version should be accepted as a matter of course. in our opinion, this argument cannot be accepted because in a suit for specific performance of contract the falsity of the defence story does not necessarily establish the truth of the plaintiff's story which must stand or fall on its own merits, ..... rs. 2,5007- by instalments on account of selami, but as the balance of the amount was not paid in spite of repeated demands the contract stood cancelled.4. the learned subordinate judge accepted the plaintiff's version of the agreement and negatived the defence of the defendants. he decreed the suit .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-15-1956
Reported in : AIR1956Cal238,60CWN578
..... respectively to the jurisdictions of different contracting states and where they had not agreed to come to the ju?isdiction of any one or other state. that basic reason is absent in this case by ..... the parties chose to elect arbitration under the english arbitration act. there is nothing in the arbitration (protocol and convention) act, 1937 to suggest that tne parties cannot contract out of protocol arbitration and submit to arbitration under the national statutes of any particular country.the entire origin of protocci arbitration was to make possible arbitration between parties subject ..... invoking the protocol arbitration any more.to hold otherwise will be tantamount co saying the nonsense that parties chose two different competitive arbitration tribunals to decide disputes under the same contract. this conclusion becomes clear on the construction of the words 'a submission made in pursuance of an agreement to which the protocol set forth in the first schedule ** ..... a matter agreed to be referred under the present arbitration clause.14. my second reason is that it is open to parties, subject respectively to the jurisdiction of different contracting states who are signatories to the protocol and convention, to elect to come either under arbitration under the national statutes or under arbitration under the protocol. if by .....Tag this Judgment!