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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1946 Page 1 of about 30 results (0.020 seconds)

Mar 05 1946 (PC)

Babulal Kanji Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Mar-05-1946

Reported in : (1946)48BOMLR505

..... policies which are indemnities against loss, but it is not true as regards life policies, for a policy of life insurance is not a contract of indemnity. but the question is whether that makes any real difference, and it seems to me ..... week were strongly relied upon in this connection. while those two factors have to be taken into consideration, it seems equally clear that the contract of insurance contains reciprocal terms and the term to pay the premium is not the only condition made by the assured for obtaining the policy on ..... pay another sum on the happening of a contingent event, and which event must be connected with the life of the assured, the factor of the contract being necessarily disadvantageous to the assessee, is not a necessary ingredient. in the present case, therefore, the contention, that because in no event the ..... point, has been accepted by the highest judicial authority, channell j. observed as follows (p. 662) :-the attorney-general says that to constitute a contract of insurance it must be a provision against something-against some loss or disadvantageous event. mr. danckwerts says that may be true as regards marine and fire ..... that we must inquire a little further into the nature of a contract of insurance. where you insure a ship or a house you .....

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Mar 05 1946 (PC)

Babulal Kanji Vs. Commissioner of Income-tax, Bombay.

Court : Mumbai

Decided on : Mar-05-1946

Reported in : AIR1947Bom59; [1946]14ITR662(Bom)

..... fire policies which are indemnities against loss, but it is not true as regards life polices, for a policy of life insurance is not a contract of indemnity. but the question is whether that makes any real difference, and it seems to me ..... week were strongly relied upon in this connection. while those two factors have to be taken into consideration, it seems equally clear that the contract of insurance contains reciprocal terms and the term to pay the premium is not the only condition made by the assured for obtaining the policy on ..... pay another sum on the happening of a contingent event, and which event must be connected with the life of the assured, the factor of the contract being necessarily disadvantageous to the assessee, is not a necessary ingredient. in the present case, therefore, the contention, that because in no event the ..... except on the point, has been accepted by the highest judicial authority, channell, j., observed as follows :-'the attorney-general says that to constitute a contract of insurance it must be a provision against something -against some loss or disadvantageous event. mr. danckwerts says that may be true as regards marine and ..... that we must inquire a little further into the nature of a contract of insurance. where you insure a ship or a house you .....

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Jul 24 1946 (PC)

Dan Kuer Vs. Sarla Devi

Court : Mumbai

Decided on : Jul-24-1946

Reported in : (1947)49BOMLR123

..... kanhaiya, nidhan singh and his three brothers effected about 1912 a partition of their joint family property and separated. after the partition, nidhan singh, without any lawful family necessity, improperly contracted debts. he became a spendthrift. his wife the respondent, who is a purdanashin lady, objected, on behalf of herself and her two minor sons, to this extravagant behaviour of her ..... as to the right of the widow or whether any charge existed upon the property in question.21. it was further argued that the widow, being a stranger to the contract embodied in the award, cannot sue to enforce it; but it is too late, in their lordships' opinion, to doubt the rule which has prevailed in india that where a ..... contract is intended to secure a benefit to a third party as a beneficiary under a family arrangement, he may sue in his own right to enforce it. this seems to .....

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Mar 13 1946 (PC)

Shankarlal Narayandas Vs. the New Mofussil Co. Ltd.

Court : Mumbai

Decided on : Mar-13-1946

Reported in : (1946)48BOMLR456

..... very natural and businesslike course for sir shapurji to take, and necessarily resulted, when the appellant accepted the terms, in the formation of a binding contract.13. for these reasons, their lordships will humbly advise his majesty that the appeal should be allowed, the decree of the high court set aside ..... left to the solicitors to settle some of' its terms and because (as counsel rightly submitted) a solicitor has no implied authority to make a contract on his client's behalf. their lordships are of opinion, however, that no question as to a solicitor's implied authority anises in this case. ..... it was said that, by reason of his attitude, either the business had never proceeded beyond the stage of negotiation, or that, alternatively, after a contract had been concluded it ' was re-opened and the parties entered into negotiations afresh, which negotiations did not result in a concluded agreement.'7. sir ..... defendants, in accordance with section 27 of the specific relief act, as persons claiming under the defendant company by a title arising subsequently to the contract.2. it may be said at once that if the plaintiff is entitled to the relief which he claims against the defendant company, no ..... it unnecessary to examine the evidence which was called on behalf of the plaintiff to show that these defendants in fact had notice of the earlier contract, since a decision ^h^ this board is clear authority for the proposition that the burden of proving good faith and lack of notice lay .....

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Jan 15 1946 (PC)

Vithoba Babaji Narote Vs. Sholapur Municipality

Court : Mumbai

Decided on : Jan-15-1946

Reported in : AIR1947Bom241; (1946)48BOMLR804

..... of the' city of bombay, that it would be difficult to say that, a municipality or an officer of a municipality committing a breach of a contract entered into by the municipality does such act, or purports to do it, in pursuance of the provisions of the act. such a consideration cannot be ..... municipal corporation of the city of bombay must, therefore, be regarded as still valid and operative. that, however, was a case of an intentional breach of contract on the part of a municipality and it was held, relying on ranchordas moorarji v. the municipal commissioner for the city of bombay and yishwanath sadashiv natu ..... section 48(1), and if it was terminated in accordance with one of its terms, the plaintiffs could have no real grievance, the termination of the contract was necessitated, according to the municipality, because it was going to start town planning operations. many, if not all, of those operations would mean carrying ..... the notice being given to the permit-holder'. section 48(1) of the act enables the borough municipality inter alia to enter into and perform all such contracts as it may consider necessary or expedient in order to carry into effect the provisions and purposes of the act. under clause (e) of sub-section ..... and it was held that section 48 did not apply to such a suit as the act, though it might give the municipality power to make contracts, did not authorise them to refuse to perform them. it may perhaps be also useful to refer to two other cases in which the point was .....

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Mar 04 1946 (PC)

Bhiku Appa Kura Vs. Dattatraya Chandrayya

Court : Mumbai

Decided on : Mar-04-1946

Reported in : AIR1947Bom392; (1947)49BOMLR87

..... annulled. hence a transfer under such circumstances cannot be said to be discovered to be void or said to become void within the meaning of section 65 of the indian contract act. i, therefore, hold that so far as rs. 7,000 paid in cash at the time of the execution of the sale deed are concerned, the respondent cannot prove ..... of the sale price, but is not entitled to the costs of defending a suit against the transferor's creditors. commenting on this decision on p. 350 of his indian contract act, (seventh edition), sir dinshah mulla says in the footnote that it appeared from the report that the transferee was a party to the fraud of defeating and delaying creditors ..... as the sale was voidable and was set aside at the instance of the receiver, the respondent was entitled to recover back his amounts under section 65 of the indian contract act. he, therefore, remanded the proceedings to the trial court with a direction to allow the respondent to prove his claim in respect of both the past debt and the ..... the learned assistant judge has allowed proof of that payment under section 65 of the indian contract act. that section provides that when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from .....

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Jan 08 1946 (PC)

The Superintendent of Stamps Vs. Ramkrishnalal Dahyabhai

Court : Mumbai

Decided on : Jan-08-1946

Reported in : AIR1947Bom343; (1947)49BOMLR277

..... place, he ceases to be an agent and assumes towards his constituent the character of a principal, and the transaction must be regarded as a contract between principal and principal. in fact the constituent and the bombay merchant having never come into contractual relationship, both of them look to the pakka ..... . 59:-to meet the objection that the transactions were wagering, the pakka adatia sought to prove that he was only an agent, who brought about contracts between purchasers and sellers, but once it was established, as it was in bkagwandas v. kanji, that the constituent never came into contact with anyone ..... to assist the court as amicus curiae, should it become necessary.5. now, the matter is obviously one of considerable importance, because these pakka adat contracts, which are a feature of this city, are greatly in use in the commercial community, and it would appear that the persons who are concerned ..... your risk according as we like. no objection of yours in that behalf shall hold good. the risk as regards the other party (to the contract) is on us. the said transaction is effected on the understanding that the rules and regulations of the association of the market concerned, which ..... were sufficient to enable us to determine the question referred to us, and we called for certain rules and regulations, if any, mentioned in each contract note with regard to the commodity mentioned therein. we directed that if there were no rules and regulations in respect of any commodity, then the .....

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Oct 01 1946 (PC)

Hubli Electricity Co., Ltd. Vs. Province of Bombay

Court : Mumbai

Decided on : Oct-01-1946

Reported in : AIR1947Bom276; (1947)49BOMLR92

..... within six months recondition the plant so as to ensure a continuous and efficient supply to all consumers so as to comply with the obligations imposed on them by the contracts with the consumers as provided for under clause vi of the schedule.59. thereafter correspondence between the licensee and government followed which has been exhibited, and in the course of ..... the purpose of ensuring a continuous and efficient supply to all consumers connected to the system and in order to fulfil the obligations imposed on the licensee by virtue of contracts with the consumers as laid down in el. vi of the schedule to the indian electricity act. thereafter it is added that in the event of the licensee failing to ..... new conditions imposed it is clearly stated that it was so being imposed in order to enable the licensees to fulfil the obligations imposed on them by virtue of the contract with the consumers as laid down in el. vi of the schedule to the indian electricity act. but be that as it may, when the learned judge gave his ruling ..... the purpose of ensuring a continuous and efficient supply to all consumers connected to the system and in order to fulfil the obligations imposed on you by virtue of the contract with the consumers as laid down in clause vi of the schedule to the i. 10. act, 1810, subject to the limitations imposed by the orders issued under the defence .....

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Dec 16 1946 (PC)

Abdallakhan Daryakhan Vs. Purshottam Damodar

Court : Mumbai

Decided on : Dec-16-1946

Reported in : (1947)49BOMLR875

..... the father executed the sale-deed in favour of his son. in support of his contention mr. somjee has relied on the provisions of section 25(2) of the indian contract act under which a conveyance to compensate, wholly or in part, a person who has already voluntarily done something for the promisor would be valid. it seems to us, however ..... . 1. in view of this finding it is impossible for us to accept mr. somjee's argument that the transfer would be valid under section 25(2) of the indian contract act.5. mr. somjee has further contended that the courts below were wrong in holding that the present suit was governed by article 120 of the indian limitation act. he .....

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Mar 11 1946 (PC)

The Governor General in Council Vs. Shiromani Sugar Mills Limited (In ...

Court : Mumbai

Decided on : Mar-11-1946

Reported in : (1946)48BOMLR483

patrick spens, kt., c.j.1. the respondent company prior to being wound up, as hereinafter mentioned, carried on the business of proprietors of sugar; mills in the basti district of the united provinces. the company was believed to have made some profits for the year ending may 30, 1940, but it was not until february 25, 1943, that an order for assessment of income-tax was made for the year of assessment 1941-42, and the tax was eventually fixed at rs. 18,493-12-0. in the meantime, however, a petition to wind up the company had been presented on november 26, 1941, a provisional liquidator had been appointed on december 7, 1941, and finally, on april 17, 1942, a winding up order had been made by the high court at allahabad. it will be noticed therefore that the company had been ordered to be wound up a very considerable time before the assessment was made. on march 10, 1943, a notice of demand was served on the official liquidators of the respondent company under section 29 of the indian income-tax act, 1922, (hereinafter referred to as ' the income-tax act'). on march 13, 1943, the official liquidators pointed out to the income-tax department that the proper procedure to be followed was for the income-tax department to lodge a claim in the winding up in respect of the arrears of tax alleged to be due from the company.2. instead of adopting the procedure suggested, the income-tax department decided to adopt the procedure provided by section 46 of the income-tax act, and .....

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