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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai Year: 1969 Page 1 of about 45 results (0.016 seconds)

Sep 10 1969 (HC)

In Re: British India General Insurance Co. Ltd.

Court : Mumbai

Decided on : Sep-10-1969

Reported in : AIR1971Bom102

..... to the heading of the policy and the terms thereof, it will be one of the questions to be decided whether it contains a mere contract of indemnity or whether it is a simple contingency insurance under which consequential loss has been specifically insured without further inquiring into the actual amount of loss sustained ..... costs were incurred by him towards the costs of advertisement.12. the first question that arises in this petition is whether the policy contains a contract of indemnity or whether it is a special contingency policy as shown by the heading thereot the operative part of the policy is in the form. 'the ..... directions be given by the court5. on the other hand, mr. nari-man on behalf of the company contended that the policy merely contained a contract of indemnity; that it was not a consequential loss policy which specifically insured profits. he urged that the present policy was issued in favour of the petitioner ..... on behalf of the petitioner contended that the policy taken by the petitioner from the company was a special contingency policy; that it was not a contract of indemnity; that upon the happening of the event specified in the policy, it was obligatory upon the company to pay the sum of rs. 65,000 ..... not later than the end of february 1969. it is the petitioner's case that upon a true construction of the policy, it constitutes a contract between the petitioner and the company inter alia to pay a sum of rs. 65,000/- in the event of the happening or materialisation of .....

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Nov 07 1969 (HC)

Firestone Tyre and Rubber Co. Vs. Synthetics and Chemicals Ltd. and or ...

Court : Mumbai

Decided on : Nov-07-1969

Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)

..... might have founded his present objection. now, the distinguishing feature of the supreme court decision is that it was the interested director who after having taken the benefit of the contract was seeking to repudiate it and thereby his liabilities and obligations thereunder by setting up the defect in his own authority of which he naturally had knowledge. this, according to ..... arrangement entered into, or to be entered into, by or one behalf of the company, if he is, in any way, whether directory or indirectly, concerned or interested in the contract or arrangement. after prescribing these prohibitions the section lays down the consequences of infringing them. that section 300(1) contains prohibitions is also made clear by sub-section (3) of ..... knew that the vendors were trustees. in the course of the negotiations the plaintiff offered and cox accepted a bribe. thereafter the plaintiff filed an action for rescission of the contract. the defendants counter-claimed for specific performance. younger j., in the trial court, held that the plaintiff was entitled to succeed on the ground that hatt had failed to fulfil ..... fact that the spectacle cases bore the defendant's address helped to advertise his business with the consequent probability of increasing his custom. salter j. held that 'interest' in a contract within the meaning of section 12(1) of the municipal corporations act, 1882, must be something more than a sentimental interest, such as arises from the natural love and affection .....

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Apr 24 1969 (HC)

M.R. Pillai Vs. Motilal Vrijbhukhandas and ors.

Court : Mumbai

Decided on : Apr-24-1969

Reported in : AIR1970Bom324; (1969)71BOMLR619; 1970CriLJ1216; ILR1970Bom184

..... these cases there were special provisions under the respective special enactments which would override the general provisions of the criminal procedure code. that is not the case under the forward contracts (regulation) act, 1952 which lays down that certain offences are cognisable which necessarily implies that the police can investigate those offences under chapter xiv of the code ..... can the police arrest the accused without warrant but investigate the offences under chapter xiv of the criminal procedure code, in the absence of any specific provisions in the forward contracts (regulation) act preventing the police from exercising their powers of search under section 157 or 165 of the criminal procedure code and in the absence of any other provision regu ..... 25, 1969, he framed charges in the 8 cases against the respective accused, the particulars of which are briefly stated above, for contravening the provisions of the forward contracts (regulation) act, 1952. 6. the very contentions which were urged before the learned presidency magistrate are urged in the above revision applications challenging the said order dated march ..... c. i. d. bombay suspecting mat certain firms of bullion traders of zaveri bazar were conducting illegal forward trading in silver in contravention of section 17 of the forward contracts (regulation) act, 1952 read with the aforesaid notification, raided the premises belonging to 8 firms suspected to be contravening the act. during the raid, 47 persons including .....

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Feb 26 1969 (HC)

Dhirajlal Valji Kotak Vs. Ramchandra Janglaji Gujar and anr.

Court : Mumbai

Decided on : Feb-26-1969

Reported in : AIR1970Bom290; (1970)72BOMLR436; 1970CriLJ1062; ILR1970Bom1074; 1970MhLJ93

..... to accept the proposal but it may not necessarily follow that where that other person had no choice but to accept the proposal the transaction would never amount to a contract. apart from this we need not, however, consider this argument because throughout the case was argued on the footing that the transaction was a 'sale'. that was evidently because here ..... court:, it was argued before the supreme court that a sale for sample is not a sale which partakes of the usual nature of sale, namely, that it is a contract voluntarily entered into, and that therefore it cannot be held to be a sale within the meaning of the act. the supreme court referred to several madras decisions under the ..... sample tender of the price thereof and then proceeded to repel the contention by observing:'but mr. anthony contends that a contract must be consensual and that this implies that both the parties to it must act voluntarily. no doubt a contract comes into existence by the acceptance of a proposal made by one person to another by that other person. that .....

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Sep 12 1969 (HC)

Rustom K. Amuyan Vs. Manu Subedar

Court : Mumbai

Decided on : Sep-12-1969

Reported in : (1970)72BOMLR264; 1970MhLJ537

..... connection with the tenancy as such and cannot be enforced, i do not think it could have been enforced even if it were part of the contract itself.8. my attention was then invited to the affidavit made on behalf of the respondent, para. 15, where it appears to imply that the ..... governing statutory tenancy', which says that a tenant is a statutory tenant and is entitled to the benefit of all the terms and conditions of the original contract of the tenancy, so far as they are consistent with the provisions of the act. the illustrations given show clearly that the conditions; enforced are such ..... tenants any other rights. it prevents the landlord from recovering more than the standard rent and permitted increases. section 23 requires the landlord subject to a contract to the contrary to keep the premises in tenantable repair. section 24 requires the landlord to continue essential supplies or services enjoyed by the tenant in ..... so-called monopoly rights even if the provisions of the rent act are applicable.4. in the first place though this letter had preceded the actual contract between the parties, such a term was not embodied in it. if the parties intended to be bound by any such term, surely it would ..... the notice of motion. it is argued that as long as the plaintiff is entitled to remain in the property, whether by reason of the contract between the parties or under any of the provisions of the bent restrictions act, the plaintiff is entitled to the benefit of the assurance contained in .....

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Aug 11 1969 (HC)

Bhagwandas Ichharam Panchal Vs. Royal Western India Turf Club Limited

Court : Mumbai

Decided on : Aug-11-1969

Reported in : (1970)72BOMLR764

..... to pay damages to the promisee which would normally be the amount for which the cheque was given. such payment would not constitute performance of the contract according to its terms but payment of damages for its breach,14. the last contention of the defendants is that rule 8 of the rules for ..... question for consideration is whether the plaintiff is entitled to receive payment by cheque and the answer to that question depends upon the special term of the contract between the parties with respect to the mode of payment. in the present case there exists such a special term which is contained in the document, ..... be within his strict legal rights in so insisting, such party would be considered unreasonable in business circles. in sir dinshah mulla's commentary on the indian contract act, 8th ed., at pp. 285 and 286, it is stated :there are hardly any recent english cases on tender of money debts, and the ..... promisor to the promisee. in modern business and commercial practice the general rule is for payment to be made by cheque and today even under a contract, in which no special mode of payment is provided, if the debtor insists upon making payment in cash or the creditor on receiving payment in cash ..... the defendants who hold and conduct the said race. when a person purchases a ticket for the jackpot pool, the terms and conditions of the contract arrived at between such person and the defendants are contained in the rules for the jackpot and in the rules of racing and the general rules .....

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Apr 24 1969 (HC)

Dinkar Keshav Bedbkar Vs. the State of Maharashtra

Court : Mumbai

Decided on : Apr-24-1969

Reported in : (1969)71BOMLR867; 1970MhLJ364

..... governed by article 311(2) for that enquiry is really for the satisfaction of government to decide whether punitive action should be taken or action should be taken under the contract or the rules in the case of a temporary government servant or a servant holding higher rank temporarily to which he has no right. in short a preliminary enquiry is ..... or other disqualification may be the motive or the inducing factor which influences the government to take action under the terms of the contract of employment or the specific service rule, nevertheless, if a right exists, under the contract or the rules, to terminate the service the motive operating on the mind of the government is wholly irrelevant.in the next paragraph .....

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Sep 05 1969 (HC)

Eknath Bhanudas Utane Vs. Shankarrao Deorao Jumde and anr.

Court : Mumbai

Decided on : Sep-05-1969

Reported in : AIR1971Bom1; 1971MhLJ546

kotval, c.j.1. this reference raises an important question under the central provinces and berar letting of houses and rent control order 1949. the question is whether a landlord in occupation of a house or a portion of a house of his own in the city or town concerned has any right at all to apply for permission to evict his tenant under clause 13(3) (vi) of the said order, on the ground that the landlord needs the house or a portion thereof for the purpose of his bona fide occupation.2. eknath the petitioner, was a tenant of house no. 130 in ward no. 29 of amravati town, of which shankar, the landlord, was the owner. the house is a two-storeyed building. on the first floor there is only a big hall which at the material time was in possession of the tenant at rs. 30/- per month. on the ground floor, there are six rooms of which four were let out by the respondent no. 1 the landlord to the petitioner. the remaining two rooms were in possession of the landlord. the landlord applied for permission to serve a notice of ejectment on the tenant under items (i), (ii) & (vi) of clause 13(3) of the rent control order. these items refer to the different grounds for ejectment of a tenant: (a) item (i) refers to his being in arrears of rent for an aggregate period of three months, or (b) item (ii) to his being habitually in arrears with the rent, and (c) item (vi) to the landlord needing the house for his own bona fide occupation.3. the rent controller and the deputy collector rejected .....

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Jan 24 1969 (HC)

Southarn Chemical Works Vs. Mohamed HuseIn FakruddIn Maniar

Court : Mumbai

Decided on : Jan-24-1969

Reported in : AIR1970Bom128; (1970)72BOMLR156; ILR1970Bom645

..... its monthly profit would have been rs. 7,000. the learned trial judge has estimated the damages at rs. 20,527.13. where breach of contract has been established, the plaintiff is undoubtedly entitled to claim damages from the defendant. the plaintiff is, however, expected to take steps to mitigate his ..... out after the licence was received. it was only in august 1959 when probably the defendant got some better temptation from others that he terminated the contract with the plaintiff. in our view therefore, the plaintiff is clearly entitled to claim damages.12. the next question is what should be the ..... of the subsequent restrictions but that an obligation to apply for a licence lay upon the buyers who could not refuse to perform their part of the contract merely by alleging inability. same principle has subsequently been followed in taylor and co. v. landauer and co. (1940) 4 all er 335.9 ..... 's suit saying that the court had to enforce the terms of the contract enjoining upon the defendant to make the necessary application to the chief commissioner for the required sanction and it would then be for the chief ..... by the government. the vendor-appellant could not have sold the house without the permission of the government. as the vendor refused to complete the contract on that ground, the respondent filed a suit. the trial court dismissed the suit. the respondent appealed to the high court who decreed the plaintiff .....

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Dec 08 1969 (HC)

Roopchand Raghavji Phande and ors. Vs. Abhyankar and ors.

Court : Mumbai

Decided on : Dec-08-1969

Reported in : AIR1970Bom351

..... relevant rate of purchase tax applicable thereto as if such dealer had become liable to pay purchase tax on such goods under section 143section 18 is as follows:'notwithstanding any contract to the contrary, where any firm is liable to pay tax under this act, the firm and each of the partners of the firm shall be jointly and severally liable ..... dissolution section 19(3) refers to the liability of a partner as a liability to the extent to which he is liable under section 18 which lays down--'notwithstanding any contract to the contrary, where any firm is liable to pay tax under this act the firm and each of the partners of the firm shall be jointly and severally liable .....

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